Long gone are the times when spouses of British citizens were admitted freely to the UK or given life-long right of abode without extensive representations from immigration lawyers. Gone are the times when the spouse of a British citizen had to pass through a probation period of two years before applying for indefinite leave to remain. From July 2012 rules have become complicated, particularly for some categories of migrants, or rather for some categories of British citizens who have the whim of marrying a non-Brit.
Adverse decisions of the UKBA refusing an application for leave to remain often contain an inconspicuous line saying “a decision has also been made to remove you from the UK under s. 47 of the Immigration, Asylum and Nationality Act 2006”. Some unsuccessful applicants do not take notice, others take offence. Indeed, for a Tier 4
The changes to Immigration Rules relating to family migration to the UK came into effect on 9 July 2012. Despite the obvious tightening of immigration control to the UK through the affected categories, we must all now contend with the infamous FM Appendix, poor drafting and unclear provisions that make it difficult to get a grip on what the changes actually mean.
Removing Full Right of Appeal for Family Visitors: tackling abuse of system or hooding abuse of power?
Last week, the government announced its intention to rescind full right of appeal for family visitors by January 2014, and by July 2012 to exclude from this right those who are visiting extended family – other than parents, grand parents, spouse, children or grand children.