UTIAC 1. The Immigration Rules make no provision for the admission of fiance(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 fiance(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 fiance(e).
Judges:
Jarvis UTJ
Citations:
[2011] UKUT 476 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 29 September 2022; Ref: scu.449422
