0121 236 5514

The Sponsor had been granted discretionary leave to remain in April 2012 as part of the "Legacy" program. Under the transitional arrangements brought in on 9th July 2012 he could expect to be granted indefinite leave after 6 years unless there was a change of circumstances. However the Sponsor wished to be joined by his wife in this country, but because he had no settled status Appendix FM did not apply to him and there was no other provision in the Rules.

Argument was put forward that the positive duties of the SSHD in relation to Article 8 ECHR required the admittance of the Appellant to join her husband (there was no other challenge in relation to Appendix FM save the fact of the husband's status).

After success before the FTT the SSHD appealed and the decision was overturned by the UT.

The interesting point was that the SPO, Mr Mills submitted before Upper Tribunal Kopieczek that those with more precarious status than the Sponsor, such as students--Tier 4 and Tier 2 workers were allowed under the Rules to bring their spouses into the country for economic reasons because otherwise they would not come to the UK; the distinction made was for public policy purposes, barring compassionate circumstances the same did not apply to the Sponsor. He was merely a failed asylum seeker, and if he wanted to be with his wife, then he could return to his home country and enjoy family life there.

The UT agreed with Mr Mills. So the Sponsor will have to wait until 2018 before his wife can make an entry clearance application.

Stephen Vokes

No.8 News

sharon_gibbonsCongratulations to Sharon Gibbons who has become a Member of Chambers.

satvir-aujla-sahotaWe are also pleased to announce that Satvir-Aujla-Sahota has joined No.8 Chambers.


No.8 Tenancy Opportunities
No.8 Mini-pupillages

Find a Barrister

Barrister Call
Lord Thomas OBE QC 1968
Daniel Janner QC 1980
Amanda White 1976
Carol Strongman 2003
Venice James 1983
Richard Franck 1993
Alison Scott-Jones 1991
Alexander Barnfield 2007
Chris Lane 2002
Sally Cairns 2006
Paul Hevingham 2006
Robert Cowley 1992
June Williams 1999
Emma Rutherford 2002
Adam Pipe 1999
Stephen Vokes 1989
Philip Brunt 1991
Mark Jackson 1997
Mohammed Azmi 1998
Liz de Oliveira 2000
Harleen Masih 1999
Naomi Hobbs 1992
Davinder Dhaliwal 1990
Maninder Chaggar 1992
Gary Cook 1989
Ruth Manning 1993
James Fraczyk 2013
Arnela Imamovic 2008
Marc Beaumont 1985
Satvir Aujla-Sahota 2003
Sharon Gibbons 1999

Contact No.8 Chambers

No.8 Chambers, Fountain Court, Birmingham B4 6DR
Tel: 0121 236 5514 | e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it. | Fax: 0121 236 8225 | DX: 16078