argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: U.K. - English citizenship - authorization

In two recent cases, the Upper Tribunal has considered the relevance and weight to be attributed to the cases of children with English citizenship, with regard to the release of the permit and cases of deportation. One case involved a Sri Lankan citizen who married an English citizen in November 2011. The couple had two children, both of whom have English citizenship and who have always lived with the applicant in Sri Lanka. The applicant had requested, twice, a permit for entry into the United Kingdom as a spouse, according to the provisions of Appendix FM. In both cases, the two requests had been refused and the appeal against the second decision had been rejected in the First-tier Tribunal. The authorization had been denied on the basis that the Secretary of State did not believe that the appellant was able to meet the financial requirements set out in the FM Appendix. It was also concluded that there were no exceptional circumstances justifying the release of the authorization. The Upper Tribunal quashed the First-tier Tribunal’s decision on the basis of an error of law: the judge had not taken into account the English nationality of the two children. The applicant acknowledged the lack of the statutory financial requirement, but contested the fact that this requirement was not a determining factor, given that the refusal to issue the permit prevented the two children with English citizenship from living in the United Kingdom and, consequently, the exercise of their rights as British citizens.