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Conclusion: para. (aaa)
Conclusion: para. (aaa)
Drawing this analysis together, our conclusions concerning para. (aaa) are:
The effect of paragraph (b)(ii)(bb)(aaa) of the definition of “durable partner” in Annex 1 of Appendix EU to the Immigration Rules, as inserted by Statement of Changes HC 813 (from 31 December 2020 to 11 April 2023), is that a person who was in a durable partnership but did not have a “relevant document”, and who did not otherwise have a lawful basis of stay in the United Kingdom at the “specified date” of 31 December 2020 at 11.00PM, is incapable of meeting the definition of “durable partner”.
Nothing in the amendment to paragraph (aaa) made by HC 1160 with effect from 12 April 2023 calls for a different approach.
Secretary of State for the Home Department v Kabir UI-2022-002538 did not seek to give guidance about para. (aaa) and does not establish any proposition to be followed.
- Heading
- In this decision, we address
- Factual background
- Principal controversial issues
- THE FIRST ISSUE
- Decisions of the Upper Tribunal: Basha, Drini and Kabir
- Para. (aaa): requirement for relevant document where no other lawful basis of stay
- Statement of Changes to the Immigration Rules HC 1160
- Conclusion: para. (aaa)
- THE SECOND ISSUE
- Legal framework
- Immigration bail not a “lawful basis of stay” for the purposes of para. (aaa)
- Conclusion : para. (aaa) applied to the appellant’s case
- Conclusions