Following on from last week and the announcement of proposals to end family visitor appeals, the Upper Tribunal have provided guidance as to the relevant factors on consideration of the genuine visitor question. In the case of Sawmynaden ( family Visitors - Considerations ) UKUT 2012 00161, the Upper Tribunal overturned a decision of the first tier tribunal in refusing an appeal of a mother visiting her daughter. The Upper Tribunal clarified that (1) there is no restriction on the number of visits a person may make to the UK nor any requirement that a specified time must elapse between successive visits (2) the periods of time spent in the UK and the country of residence will always be important (3) the purpose of the visit and the immigration history will always be material (4) the connection that the applicant retains with her country of origin will be a material consideration ( 5 ) consideration of the reality of the relationship and arrangement with the sponsor is of critical importance ( 6 ) family emergencies which could result in a more protracted stay are not to be dismissed simply because they result in a longer visit than the established pattern expected and are not to be regarded as taking up of residence by the back door without clear evidence to that effect.
A welcome judgement in light of Government proposals.
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