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McGill & Co is a Scottish immigration law firm specialising in UK immigration, nationality and refugee law.

Aswatte (fiancé(e)s of refugees) Sri Lanka [2011] UKUT 00476 (IAC)

15 December 2011 Darren Stevenson Legal Posts

The IAC has recently extended the principle of FH (Post Flight Spouses) Iran to fiancés of refugees. The headnote follows:

"1. The Immigration Rules make no provision for the admission of fiancé(e)s of refugees who are in the United Kingdom with limited leave. In FH (Post-flight spouses) Iran [2010] UKUT 275 (IAC), the Upper Tribunal found that the spouse of a refugee with limited leave was in an unjustifiably worse position than the spouses of students, businessmen etc, where the immigration rules make provision for a spouse to enter with limited leave. Unlike such persons, the refugee could not return home to enjoy married life there.

2. By the same token, a refugee cannot return home in order to marry the fiancé(e) and it may be unreasonable to expect the couple to marry in a third country. Where that is the case, and where all the requirements of paragraph 290 of the rules are met, save that relating to settlement, it is unlikely that it will be proportionate to refuse the admission of the fiancé(e)."

An eminently sensible judgement that reflects a lacuna in the Immigration Rules. We would hope UKBA will recognise this issue and promptly amend the rules.

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