1. Requiring a person with limited leave to remain to travel to a third country to spend time with his wife who is under 21 is a sufficiently serious interference with the right to respect for family life to require justification.
2. The interference is in accordance with the law as it complies with Immigration Rules that were publicly available at the material time even if the appellant did not know of them.
3. The decision was for a legitimate purpose and proportionate in the light of the fact that the sponsor had been able to visit his spouse in the third country and there were no obstacles to his continuing to do so until she was 21.
Citations:
[2010] UKUT 377 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 31 January 2022; Ref: scu.425495
