Upper Tribunal’s judgment on financial requirements for dependants of Points Based System migrants

Upper Tribunal’s judgment on financial requirements for dependants of Points Based System migrants


CategoryNews Author Zane Malik Date

The Upper Tribunal gives its judgment in R (Mehta) v Secretary of State for the Home Department [2020] UKAITUR JR028012019.

The key issue before the Upper Tribunal in this Judicial Review claim was whether the applicant, who was seeking leave to remain as partner of a Tier 4 (General) Student Migrant, was entitled to rely on funds of his father-in-law in order to meet the financial requirements in Appendix E to the Immigration Rules. The Upper Tribunal held that Appendix E to the Immigration Rules – read with Appendix C to the Immigration Rules, on its proper interpretation – does not permit a person seeking leave to remain as partner of a Tier 4 (General) Student Migrant to rely on funds in third-party bank accounts; and that such a person may only rely on funds in his/her own bank account or in the bank account of the relevant Tier 4 (General) Student Migrant.

The Upper Tribunal also held that Paragraph 245AA of the Immigration Rules and the evidential flexibility policy did not assist the applicant in these circumstances.

Zane Malik appeared for the Secretary of State for the Home Department.

The Upper Tribunal’s judgment is available here: https://www.bailii.org/uk/cases/UKAITUR/2020/JR028012019.html


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