What is a marriage of convenience and whether one is, or is not, and its current EU definition, are huge problems in UK and EU-wide immigration. The UK immigration law always went with “sham marriage” – one contracted as a facade where no real relationship is present. However, the EU definition of “marriage of convenience”, even though some experts think that it was initially meant to define the same (but suffered from mis-translation and bad judicial interpretations), is much more complicated. So much so, that it is, in my view, administratively, judicially and – importantly for lawyers – ethically unworkable. The … Continue reading →
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We were all worried that the architects of the EU settlement scheme have forgotten about, or worried little for, its least publicized future customers, about whom “Guardian reading activists” always forget – non-EU family members. The praise it received in test phases and recently on sites like Free Movement Blog, as well as, it seems, the Inspector report, again, seemed to not ask pertinent questions based on anyone’s actual experience. Understandably since authors of the site are not actually front line practitioners. Well, spoiler, then – and it surprised even me, who gave 5 years of my life for working … Continue reading →
I have been fascinated these past weeks that The Guardian, on a high from its newly acquired position as a sole resolver of immigration problems (in lieu of system working as it should, and sometimes in spite of it having worked as it should) has dug up the long-rotten corpse of the TOEIC scandal, and falsely claims that it “has not received headline treatment”. Really? For 2 full years in 2014-2016 this was ALL there were immigration headlines about. Perhaps the current generation of Guardian journalist were still in primary school 5 years ago. Otherwise it is just unabashed shameless … Continue reading →
If ever there was a more striking tale of good intentions paving a road to hell! And it all started to nice. Before 2012 we had discretionary leave that tended to be granted to spouses of British citizens who did not meet the requirements, usually because they were in the UK as visitors or unlawfully – but had a very small British child. Some women who gave birth to a British child of a man they had not been married to got it as well. In 2012, it had been brought into the Immigration Rules as a “10-year leave” – … Continue reading →