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Clayton: Textbook on Immigration & Asylum Law 3e

Section 4

Chapter 9: Family life

Question 1

Javed is 29 years old. He has lived in Kashmir all his life and is a national of Pakistan. When he was 19 he married Robina, also a Pakistani national. The marriage did not work, and after two years he and Robina separated. They were divorced in Kashmir by bare talaq.

After some difficult times and negotiations in the family, Javed is now engaged to be married to his cousin’s niece, Shazia, also a Pakistani national, who came to the UK aged nine, as a dependant of her mother. She is 23 and is in full-time employment as a travel agent. The couple have met on three occasions, during family gatherings, and are happy with the family’s plan for them to marry. They will have a traditional Muslim wedding, probably in Pakistan.

Advise them about the issues they will need to consider in order to satisfy UK immigration law.

Question 2

Have a look at Housing Act 1985 s.326. If the through living room in [2004] UKIAT 00006 S(Pakistan) had been self-contained, so that the stairs went up from, say, an entrance hall rather than the living room, do you think the accommodation would or should have been regarded as adequate?

Chapter 10: Entry for temporary purposes &
Chapter 11: Entry for work and business

Sufe is from Bangladesh and is 22 years old. He has an undergraduate degree in catering and hospitality and six years of experience working in his uncle’s restaurant. He is interested in coming to the UK, but is not yet sure of the best way to do this. He has found details of some further degree courses in management that interest him, and his uncle would help with the fees. He is also wants time to see round the UK. This may be a once in a lifetime opportunity and he wants to make the most of it. If he does get a university place he would have to do some paid work to help fund himself, but he would have to do that anyway if he stays for more than two months as he could not support himself out of his savings for longer than this. He has not yet had any immigration advice. Explain his options to him, considering the pros and cons of each.