Background
1. There is no dispute as to the factual matrix underpinning this challenge. The applicant is a national of Pakistan born on 14 January 1985. He married Aliya Ahmad, a British citizen, on 15 August 2013. He was granted entry clearance to the United Kingdom as the spouse of Ms Ahmad on 14 January 2015, with leave valid until 14 October 2017. He arrived in the United Kingdom on 29 January 2015. Ms Ahmad gave birth to their child on 28 October 2015. The marriage however ended with a divorce on 26 August 2016. The applicant’s entry clearance was consequently curtailed on 9 November 2016 so as to expire on 15 January 2017. 2. On 2 December 2016 the applicant applied for Limited Leave to Remain (LTR) under the 5-year parent route, the requirements of which are contained in Appendix FM of the Immigration Rules. The respondent was satisfied the applicant met the requirements of paragraphs R-LTRPT.1.1 (a), (b) and (c) and, on 10 December 2016, he was granted LTR for a period of 30 months ending on 30 June 2019. 3. In May 2017 the applicant began a relationship with Razia Begum, a British citizen. They began to cohabit in December 2017. She gave birth to their child on 20 November 2018. 4. On 29 June 2019 the applicant applied for further LTR as a parent of a British citizen child. The application was principally based on his continuing relationship with his eldest child.
- J U D G M E N T
- Background
- The decisions under challenge
- Relevant legislative framework
- my emphasis
- and the applicant must not be eligible to apply for leave to remain as a partner under this Appendix
- (iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix
- The applicant’s submissions
- Mahad
- Pokhriyal v SSHD
- The respondent’s submissions
- Discussion
- Pokhriyal
