The MLP is representing BritCits in strategic legal work to challenge the Adult Dependent Relatives (ADR) Rules. The current ADR Rules make it difficult, in practice, for people based in the UK to bring over family members, such as parents, that require care.

The case was a general challenge to the ADR Rules. It was heard on 20th April 2016. The challenge failed, but permission to appeal was granted and the case is currently pending before the Court of Appeal.

Please see below for the judgment and a detailed case note.

Judgment

Case note

Update: 22nd February 2017

Judgment has been handed down in the Supreme Court case MM, which concerns the Minimum Income Requirement (MIR) for bringing a foreign spouse to the UK. The judgment found that, while the MIR is acceptable in principle, the Rules and Instructions fail to take proper account of the best interests of the child (s.55); the Instructions also require amendment to allow consideration of alternative sources of funding when evaluating a claim under article 8. The full judgment can be found here.

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