Article 8 ECHR and Outside the Rules Applications

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Your Protected Right to Family Life

As many of you will know, everyone has the Right to Family, and these rights are protected under the EU Convention on Human Rights. However, and to the great discomfort of many couples,  as any UK Immigration Lawyer will tell you, Right to family is right is a qualified right, and does not necessarily give the couple the right to choose where they would exercise their right to family.

Ordinarily, a British citizen is allowed by law to sponsor their foreign spouse to come to the UK on a Spouse Visa. This type of application, as many of you have seen on  previous blog post here  has recently been severely restricted, with strict income requirements for the sponsoring spouse. In effect, this has resulted in thousands of couples being separated, as they do not meet the government requirements. Continue Reading →

UK Spouse Visa Financial Requirement – Savings Calculator

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 UK Spouse Visa Financial Requirement and Supplement Savings Calculator 

As most of you may know by now, the government has introduced a new income requirement for British and settled people wishing to sponsor their non-EU spouse/partner since 2012. This brought the requirement for the British national (sponsor) up to an earning of at least £18,600 per annum, with no third-party sponsorship allowed (you can’t get your rich uncle to stand in for you like old times).

These rules have had a disastrous effect on Brits who are not earning a high income but never less play very important roles contributing to this nation; people such as teaching assistants, care workers, etc., who would not be able to meet this threshold, in fact it is reported that up to 40% of the UK population do not earn this level of money. Continue Reading →

Adult Dependant Relatives Visa: The Alternatives

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Alternatives to the “illusional” Elderly Depedant Relatives Settlement Visa

In my line of work as a UK Immigration Solicitor giving free initial advice, I have been receiving numerous phone calls from people who wish to know whether and how they can sponsor their elderly non-EEA parents and grandparents to come and reside with them in the UK. Since the level of confusion regarding the relevant rules and requirements is evident, I thought it would be a good topic to cover in my blog today. Continue Reading →

EEA Self-Employed Mother Who Gives Up Work Temporary to Give Birth Is Still Worker -EU Court Rules

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Definition Of “Worker” under EU Law – Self Employed and Agency worker Mothers on maternity

Following a lengthy court battle the Supreme Court of the United Kingdom requested a preliminary ruling under Article 267 TFEU by a decision dated the 31st October 2012;

see case Saint Prix v Secretary of Sate for Work and Pension 2013 UKSC and the YouTube video below.

Continue Reading →

Light At the End of the Tunnel : A Story of Hope and Inspiration

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I would like to share an inspirational story that has further compounded my belief, that indeed, where there is a will there is a way, no matter how impossible things may look.  It was with great honour that I was given permission by my client to share this story as I thought it would be encouraging to many of us.

Initial contact
I first came to know of Om’s story when her husband’s cousin, who was tirelessly seeking for a way to assist Om in returning to England, contacted me for legal advice.

The following is the inspirational story of Om, an amazing lady, who faced immigration challenges as a result of many personal misfortunes beyond her control.

Origins

Om is a Thai national who married a British National, with whom she lived in the UK for 4 years. During this time Om and her husband were blessed with a son, also a British National, and Om was granted Indefinite Leave to stay in the UK. Continue Reading →