Tag Archives: Devyani Prabhat

The UK’s spousal and family visa regime: some reflections after the Supreme Court judgment in the MM case

By Prof Christopher Bertram, Professor in Social and Political Philosophy (University of Bristol School of Arts) & Co-Director of the Bristol Institute for Migration and Mobility Studies;
Dr Devyani Prabhat, Lecturer in Law (University of Bristol Law School) and Dr Helena Wray, Associate Professor (University of Exeter Law School).

For thousands of British citizens and residents separated from loved ones by the onerous financial requirements in the immigration rules, the headlines after the Supreme Court decision on 22nd February 2017 in the case of MM v SSHD were disappointing.[1]

The case concerned the entry criteria for a non-EEA national to join their British citizen (or long term resident) spouse or partner (“the sponsor”) in the United Kingdom. These include a requirement that the sponsor has an income of at least £18,600 per annum or substantial savings, with additional sums needed for dependent non-citizen children (“the minimum income requirement” or MIR).

As the press reported, the Supreme Court did not find the MIR incompatible with article 8 of the European Convention on Human Rights (the right to respect for private and family life) and therefore unlawful. However, hidden behind the government’s reported “victory” is a more complex legal and political picture which offers hope to at least some of those affected. Continue reading

Brexit and Notions of British Citizenship

By Dr Devyani Prabhat, Lecturer in Law (University of Bristol Law School).

DevIn a recent article, published in the inter-disciplinary journal Law, Culture, and Humanities, I have argued that a surge in number of cases of cancellation of British citizenship indicates a return to a loyalty-protection model of citizenship which was popular earlier during the two World Wars. Here, I will go further, and say that Brexit and the debates of exclusion of EEA nationals from the UK, are also influenced by the very same loyalty-protection view. The loyalty-protection view had become unfashionable in the aftermath of the Second World War but is now back in vogue. Continue reading