I am sure your Bail Section received several bail applications on 20 September 2017…….and before that. In light of how events have unfolded these last few days, I might not be in error in drawing a conclusion that some bail applicants might be in a predicament- terribly distressed and frustrated having pending bail applications submitted over a week ago yet without any hearing notice in sight.
Considering how much the Home Office charge in relation to applications for leave to remain, the recent expansion of the categories of those who can apply for a fee waiver, at first blush seemingly considerate, should be viewed with suspicion.
It was in 2005, when a Zimbabwean claimant came to the office clutching two determinations promulgated by different Immigration Judges. Please help me, he said in a panic, I won my appeal on the basis of my medical condition, but now that decision has just been overturned by a Senior Judge. His own legal representative had informed him that day that there were was nothing further that could be done to assist him.
The Statement of Changes in Immigration Rules HC 290, which came into effect on 10 August 2017, restructured Appendix FM such that it is now considered by the Secretary of State to provide a complete framework for Article 8 decision-making in cases decided under it.
(1)What are the two routes to settlement as a Partner or a Parent?
Appendix FM provides two routes to settlement on the basis of family life as a partner or parent. These are a 5-year route and a 10-year route where:
the 5-year route as a partner or parent is for those who meet all of the relevant suitability and eligibility requirements of the Immigration Rules at every stage.
the 10-year route as a partner or parent applies: in respect of applications for leave to remain, to those who meet all of the suitability requirements, but only certain of the eligibility requirements as a partner or parent where paragraph EX.1. of Appendix FM applies and is met. Paragraph EX.1. is not an exception to the Rules as a whole, but to certain eligibility requirements for leave to remain under the 5-year partner and parent routes under Appendix FM; or where entry clearance or leave to remain is granted following consideration under paragraph GEN.3.1. or GEN.3.2. of Appendix FM and in light of the exceptional circumstances to which that paragraph refers.