UK Immigration law
- Explain the “right to respect for family life”. Does it mean that immigrants have a right to a family in the UK? Why?
- What does the concept of “married partners” include in the UK Immigration law?
- What is a sham marriage?
- Please explain what the Points-Based System requires.
- What categories of migrants need a sponsor to enter and live in the UK?
- Do you think Immigration law should be more flexible and allow as many students as possible to enrol in British universities? Critically discuss this question.
Problem Question
Rajashree is an Indian national and came to the UK to study for a BA (hons) in Fashion design at the Wednesbury University in October 2015. She lawfully applied for and was granted a tier 4 student visa for the duration of her studies and duly complied with the conditions of that visa. During her studies she was staying with family friends, Rohit and Priya and their son Mohan who was also studying at the University (Rohit, Priya and Mohan are all UK citizens by birth.) Mohan and Rajashree would often hang out together with his friends including when Mohan moved out of his house to a shared house with his friends. Towards the end of her studies in May 2018 Rajashree and Mohan started a romantic relationship. Soon they realised that Rajashree would graduate, and failing to obtain any job offers in the UK that would sponsor a visa for her, she would have to return to India at the expiration of her visa on 31st August 2018. Mohan, distraught at this thought, travelled to Birmingham city centre to purchase a ring with the last of his meagre savings from his job working as an office administrator and proposed to Rajashree on 1st June 2018.
Rajashree and Mohan come to your law firm asking for advice on what they will have to consider and do to ensure that Rajashree will be able to remain in the country as Mohan’s wife. In particular they have heard stories about marriages being treated as shams and the non-UK national being deported.
Advise both Rajashree and Mohan on whether or not there is a relevant category of visa to protect Rajashree from being deported by virtue of her planned marriage to Mohan, and if so what are the eligibility criteria for such a visa. Finally if there is a relevant visa category, whether or not they are likely to meet the criteria for it or what they will have to do in order to meet the criteria.
In drafting your advice you should have recourse to relevant case law, statutory law and the immigration rules.
Reading list
- Clayton Immigration and Asylum Law OUP 8th edition, 2018 chapters 8, 9 and 10.
Human Rights Act 1998
http://www.legislation.gov.uk/ukpga/1998/42/contents
Immigration rules
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/
Nationality, Asylum and Immigration Law 2002
http://www.legislation.gov.uk/ukpga/2002/41/contents
Case: R. (on the application of Quila) v Secretary of State for the Home Department [2012] H.R.L.R. 2.
