Following the decision of AM v Ethiopia
2007 UKAIT00058, the Immigration Tribunal have category
stated that third party support is no longer permitted
in entry clearance cases being made under paragraphs
2317 (dependent children) and 281 (spouses).
They also seem to have ruled that the benefits being
awarded to a UK national cannot be assessed as enough
to support a non-UK national spouse, as the assumption
is that the benefits are the exact amounted needed to
support one individual and not enough to be given in
support of a spouse. Although the judgement specified
disability benefit and income support, we expect that
this will also apply to other benefits.
They have also ruled that family life (Article 8) can
be exercised even if the partied of the family are in
different countries, and that a delay in making a decision
is unlikely to carry more than minimal weight, even if
it is a relevant factor. And finally, poor living conditions
abroad will have no real bearing on whether Article 8
rights are breached.
It is too early to see how these later points will be
applied in cases, but it is clear that the Third Party
Support issue is an absolute and not negotiable. We propose
that all those on low incomes seeking to bring partners
or dependent children to the UK look very carefully at
their finances before making an application.
|
