UK Visa Rule Challenge - Rejected
Jul 5th 2013, 6:30 pm
#1
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UK Visa Rule Challenge - Rejected
Looks like the High Court has rejected a challenge to the family immigration rules. They say the rules are not discriminatory or unlawful, but a judge did say they were unjustified and onerous.
The challenge was on the basis that the rules were discriminatory and interfered with Article 8 of the Human Rights Act.
The challenge was on the basis that the rules were discriminatory and interfered with Article 8 of the Human Rights Act.
Jul 5th 2013, 6:41 pm
#2
Under blue skies
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Re: UK Visa Rule Challenge - Rejected
Looks like the High Court has rejected a challenge to the family immigration rules. They say the rules are not discriminatory or unlawful, but a judge did say they were unjustified and onerous.
The challenge was on the basis that the rules were discriminatory and interfered with Article 8 of the Human Rights Act.
The challenge was on the basis that the rules were discriminatory and interfered with Article 8 of the Human Rights Act.
The article does say:
Mr Justice Blake, sitting in London, said that while there might be sound reasons for some of the individual requirements "taken in isolation", he had concluded that the combination of more than one of the five requirements of the rules was "so onerous in effect as to be an unjustified and disproportionate interference with a genuine spousal relationship".
Home Secretary Theresa May has been given permission to appeal.
And it is now for Mrs May to decide whether any amendments should be made to the rules to satisfy the requirements of proportionality.
A Home Office spokesperson said: "Our family changes were brought in to make sure that spouses coming to live in the UK would not become reliant on the taxpayer for financial support and would be able to integrate effectively. We're pleased that this judgment supports the basis of our approach.
"We are looking closely at the judgment and its likely impact on the minimum income threshold before we decide how to respond.
"In the meantime, where an applicant does not meet the minimum income threshold and there is no other reason to refuse it, the application will be put on hold."
Home Secretary Theresa May has been given permission to appeal.
And it is now for Mrs May to decide whether any amendments should be made to the rules to satisfy the requirements of proportionality.
A Home Office spokesperson said: "Our family changes were brought in to make sure that spouses coming to live in the UK would not become reliant on the taxpayer for financial support and would be able to integrate effectively. We're pleased that this judgment supports the basis of our approach.
"We are looking closely at the judgment and its likely impact on the minimum income threshold before we decide how to respond.
"In the meantime, where an applicant does not meet the minimum income threshold and there is no other reason to refuse it, the application will be put on hold."
Jul 5th 2013, 6:57 pm
#3
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Re: UK Visa Rule Challenge - Rejected
I'm not sure if an indefinite hold is any better than a rejection, followed *at some point* by a change in procedure with the opportunity for applications rejected for that one reason to be reconsidered.
An application could be on hold for 2 months, 6 months, 18 months... and if the passport has been sent in, normally a UK visa application is cancelled with no refund if there's a request for a passport to be returned.
Don't forget, if the HO does alter things that they tend to drag their feet - firstly to the point of making the decision to change the rules, and then to actually implementing the rules. It's a matter of finding the "right" legal appeal to the rules, not necessarily the first one that gets to this point.
I'm not so optimistic for those wanting to apply for a visa.
An application could be on hold for 2 months, 6 months, 18 months... and if the passport has been sent in, normally a UK visa application is cancelled with no refund if there's a request for a passport to be returned.
Don't forget, if the HO does alter things that they tend to drag their feet - firstly to the point of making the decision to change the rules, and then to actually implementing the rules. It's a matter of finding the "right" legal appeal to the rules, not necessarily the first one that gets to this point.
I'm not so optimistic for those wanting to apply for a visa.
Jul 5th 2013, 9:34 pm
#5
WhiteRabbit
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Re: UK Visa Rule Challenge - Rejected
Jul 5th 2013, 9:38 pm
#6
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Re: UK Visa Rule Challenge - Rejected
I want to kiss this judge!
"Nevertheless, to set the figure significantly higher than even the £13,400 gross annual wage effectively denies young people and many thousands of low-wage earners in full time employment the ability to be joined by their non-EEA spouses from abroad unless they happen to have wealthy relatives or to have won the lottery."
"Nevertheless, to set the figure significantly higher than even the £13,400 gross annual wage effectively denies young people and many thousands of low-wage earners in full time employment the ability to be joined by their non-EEA spouses from abroad unless they happen to have wealthy relatives or to have won the lottery."
Jul 5th 2013, 9:46 pm
#7
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Re: UK Visa Rule Challenge - Rejected
"Neither do I accede to the defendant's invitation to dismiss the claims without more as lacking in merit. To the contrary I conclude that there is substantial merit in the contention that the interference represented by the combination of the five factors in the family life of the claimants on the assumed facts is disproportionate and unlawful. "
Jul 5th 2013, 10:03 pm
#8
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Re: UK Visa Rule Challenge - Rejected
Please please please!! 
some hope at last.
some hope at last.
Jul 6th 2013, 1:42 pm
#9
Under blue skies
Joined: Mar 2011
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Re: UK Visa Rule Challenge - Rejected
I want to kiss this judge!
"Nevertheless, to set the figure significantly higher than even the £13,400 gross annual wage effectively denies young people and many thousands of low-wage earners in full time employment the ability to be joined by their non-EEA spouses from abroad unless they happen to have wealthy relatives or to have won the lottery."
"Nevertheless, to set the figure significantly higher than even the £13,400 gross annual wage effectively denies young people and many thousands of low-wage earners in full time employment the ability to be joined by their non-EEA spouses from abroad unless they happen to have wealthy relatives or to have won the lottery."
Let's hear it for Justice Blake! 
Jul 6th 2013, 2:42 pm
#11
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Re: UK Visa Rule Challenge - Rejected
Aren't those things just the silliest!!
My husband and I are going to London in a few weeks. One of the things we have on our "list" is a guided tour around the Inns of Court. I understand that on the route, we will pass a shop that sells stuff to the legal profession, and that the front window is adorned with wigs and robes! I can hardly wait! What a photo op!
My husband and I are going to London in a few weeks. One of the things we have on our "list" is a guided tour around the Inns of Court. I understand that on the route, we will pass a shop that sells stuff to the legal profession, and that the front window is adorned with wigs and robes! I can hardly wait! What a photo op!
Jul 6th 2013, 2:48 pm
#12
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Re: UK Visa Rule Challenge - Rejected
My husband and I are going to London in a few weeks. One of the things we have on our "list" is a guided tour around the Inns of Court. I understand that on the route, we will pass a shop that sells stuff to the legal profession, and that the front window is adorned with wigs and robes! I can hardly wait! What a photo op!
Jul 6th 2013, 3:01 pm
#13
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Re: UK Visa Rule Challenge - Rejected
Aren't those things just the silliest!!
My husband and I are going to London in a few weeks. One of the things we have on our "list" is a guided tour around the Inns of Court. I understand that on the route, we will pass a shop that sells stuff to the legal profession, and that the front window is adorned with wigs and robes! I can hardly wait! What a photo op!
My husband and I are going to London in a few weeks. One of the things we have on our "list" is a guided tour around the Inns of Court. I understand that on the route, we will pass a shop that sells stuff to the legal profession, and that the front window is adorned with wigs and robes! I can hardly wait! What a photo op!
In a similar vein, I took this photo in London a couple of years ago - I love the juxtaposition of the guy on the right using what looks to be a very very old ledger in one hand, and his iPad in the other hand...
Jul 6th 2013, 3:08 pm
#15
WhiteRabbit
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Re: UK Visa Rule Challenge - Rejected