LPC Immigration Law Workshop 6 task answers + points to note

PREP TASK 1

1. Prepare notes on the following requirements that Moale will
have to meet in order to enter the UK as Donovan’s’ partner
under Appendix FM of the immigration rules –
 Donovan’s’ immigration status
 That Moale and Donovan’s relationship is genuine & subsisting
 The financial requirement – whether or not they have the prescribed
minimum gross annual income
 The accommodation requirement

 The notes must:
(a) Explain whether or not Moale may be able to meet each requirement
(favourable facts and unfavourable facts)
(b)Explain what further instructions (including evidence) are needed in
order to assess whether or not any requirement may be met.

 CONTEXT
 DP has inherited bonds and shares = £3,750
 He was born in the USA, 12 January 1980

 His mother is an American citizen + his father was born in England
 They married in 1975

 He was living + working in Papua New Guinea for the last 3 years. His
basic salary was 22K + he earned overtime of 3.5K by way overtime in
the last 12 months
 He was paid additional annual 3K accommodation allowance

 He has accepted a job at a language college in England.
 Starting salary of 24,750 per annum
 For the commute he will get additional 1.5K cost of travel
 He can start in the next 3 months.

 He met his wife in May [Moale DOB 7 March 1997]
 She lives in PNG.
 She is a cleaner at the school.

,1. DONOVANS’ IMMIGRATION STATUS

 APPLICTION OF THE LAW:
 Under paragraph E-ECP.2.1 the applicant’s partner must be –
a. A British citizen in the UK subject to paragraph Gen 1.3(c)
b. Present and settled in the UK subject to paragraph Gen 1.3(b)
c. In the UK with protection status


 APPLIED TO THE FACTS:

 FAVOURABLE FACTS

 Right of abode

 E-ECP.2.1(a)
 Alternatively or in addition, the criteria may be satisfied under
paragraph E-ECP.2.1(a), this is on the basis that DP’s father is a British
citizen, he was born in 1980, and his parents were married at the time
of his birth which means DP has the right of abode.

 In other words, DP may be a British citizen by descent, acquiring
citizenship through his father who is British.

 GEN.1.3(c)
 References to a British Citizen in the UK also include a British Citizen
who is coming to the UK with the applicant as their partner [or parent]

 Settled and present in the UK

 E-ECP.2.1(b)
 Para 6 of the Immigration Rules defines present and settled as
meaning that the person concerned is settled in the UK and at the time
that an application under the rules is made, is physically present here
or is coming here with or to join the applicant and intends to make the
UK their home with the applicant is the applicant is successful

 Further E-ECP.2.1(b) is subject to GEN 1.3(b)
 GEN 1.3(b) provides that references to a person being present and
settled can also include a person who is being admitted for settlement
on the same occasion as the applicant

 Therefore this may be satisfied on the basis that DP and M are coming
to the UK together with the intention of making the UK their home. This
is indicated by the fact DP has obtained employment in the UK and he
is looking for accommodation for him and his family.
 Further, they are both intending to come the UK on the same occasion.

,  D has accepted a job in the UK and intends to relocate imminently,
suggesting he may meet the requirements to be present and settled or
on the path to settlement.

 UNFAVOURABLE FACTS:

 British citizen by descent
 Without verification of DP’s British citizenship, his status remains
presumptive rather than conclusive.

 Present and settled
 It is unfavourable that he has currently living in PGN and has been so
for the past 3 years, however, Gen 1.3(c) counteracts this.

 MORE INFORMATION NEEDED:

 Right of abode
 DP’s full birth certificate showing parents details and a parents’
marriage certificate

 Present and settled
 Proof of their intention to come to the UK to make it their home, i.e.
flight details, details of accommodation, details of employment
 Proof he is being admitted for settlement

2. MOALE AND DONOVAN’S RELATIONSHIP IS GENUINE
AND SUBSISTING

 APPLICATION OF THE LAW:

 Para E-ECP.2.6
 Para E-ECP 2.6 provides that the relationship between the applicant
and their partner must be genuine and subsisting

 GA (Subsisting marriage) Ghana [2006]
 Case law has provided guidance whether respect to establishing
whether a relationship is genuine and subsisting.
 The nature and quality of the substance of the relation is under
scrutiny.
 Further, the cultural context and wide differences that exist between
the individual lifestyles + the context of history of the relationship +
the nature of the parties’ present relationship and future intentions

 The Home Office Family Policy: Family life (as a partner or
parent) and exceptional circumstances guidance.
 Provided a list of evidence that can be submitted by the applicants to
confirm that their relationship is genuine.
 The list is tiered [with tier 1 being the most valued piece of evidence]