New Transnational Marriage Abandonment law January 2024

For some people, marriage also brings a new life in a new country. But tragically, not all marriages work out as expected. Transnational marriage abandonment (TMA), when a spouse is deliberately abandoned overseas by their British or settled partner, leaves victims stranded abroad. However, there is finally good news for survivors of TMA. Since the 31^st of January 2024, victims of transnational marriage abandonment can apply for a visa to return to the UK. This follows the landmark case of R on the application of AM v Secretary of State for the Home Department [2022] EWHC 2591 (Admin).

Following on from our recent article on the Immigration Health Surcharge Increase and the Change of Minimum Income for Family Visas, the government has recently set a timeline for further changes to the Immigration rules.

This is part of their 5-point plan to reduce immigration, which, unfortunately, is being touted as a benefit to win votes for the upcoming election. We wrote an article detailing the five changes when they were announced, but here is a quick recap:

Although the UK does not legally recognise common-law partners in equal measure to some countries, such as Sweden (with their Sambo visa), the law does make provisions for serious long-term relationships. This allows Unmarried Partners to apply for a type of family visa that will enable them to enter or remain in the UK based on their relationship with either a British citizen, a person with Indefinite Leave to Remain (ILR), pre-settled status, settled status, or refugee status; this visa is called the “Unmarried Partner Visa.”

Following on from our previous articles about the proposed IHS increase and the subsequent delay, Parliament has now approved the increase, and it is scheduled for the 6^th of February 2024. This is now laid on the Immigration (Health Charge) (Amendment) Order 2024 following parliament approval on 16 January.

The government’s proposed IHS increase was initially set to come into effect on the 16^th of January 2024, however, it was not debated in the House of Commons until the 10^th of January 2024. As the increase may only be implemented 21 days after it becomes law it therefore will now take effect from the 31^st of January 2024 at the earliest.