Test case currently at the European Court

[Iani]

Here's a strange thing.

I was speaking to an immigration advisor both yesterday and today, and she swears blind that there is currently a test case gone to the European court, where someone has challenged the UK's income requirement for visas, and they are expecting feedback by January.

She told me what her feeling the outcome of this would be, but not sure I want to post that, such a thing is hearsay.

Now I've tried searching, but can't find anything about this. This is the reason I called her back today - she says it's all over the minutes they get advised on, and she is a solicitor so tends to be kept in the loop - but for now, just wait and see.

Anyone any thoughts on this

[andy222]

Good work mate someone needs to challenge it. Its a disgrace. It makes me laugh when they say they cant comment on individual cases. Yet they look at everyones application seperately.

[Iani]

Well, this is the thing, I don't know if it's true - January seems very soon for such a thing to go before that court as I'm sure I read it usually takes years.

However, she has no reason to make this up

[joebloggs]

there been a few stories in the press about couples been kept apart, but i've not seen anywhere (that i can recall) about a test case..

the problem is basically you cannot 'exercise your treaty rights' in the country where your born so we cant use the EU route.

[WhiteBloodAda]

any more news on this?

[Terpe]

any more news on this?

I doubt that any such case exists (test or otherwise)

I've made some extensive research with Home Office, UKBA, The European Court of Justice and The European Court of Human Rights.

I've also trawled most of the immigration blog sites.

There's not a hint of any cases anywhere.

Perhaps there has not been a legal challenge issued as yet.

[Iani]

I shall be giving her a call pretty soon, and shall ask this again. I couldn't find anything about it either at the time - and I said this to her. She said she gets some sort of minutes.

It's strange - she had no reason to make it up, so why should she say it

Unless it's some government reappraisal which is taking place, but that I'd imagine we would know all about, someone on here would have picked up on this pretty quickly

[Terpe]

I shall be giving her a call pretty soon, and shall ask this again. I couldn't find anything about it either at the time - and I said this to her. She said she gets some sort of minutes.

It's strange - she had no reason to make it up, so why should she say it

Unless it's some government reappraisal which is taking place, but that I'd imagine we would know all about, someone on here would have picked up on this pretty quickly

All pending court cases are listed for schedule.
Cases that have been heard, even if just initial will then be referenced.

If this 'test-case' has been lodged there would be a reference.

As it stands it's difficult to see what the thrust of the case would be.

There would also be some mention somewhere in the public domain for UKBA or the Home Office.