Chikwamba v SSHD [2008] UKHL 40

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice. 17 October 2019

In this case the House of Lords considered whether someone with family settled in the UK should usually be expected to return to his or her home country to make an entry clearance application rather than being allowed to remain in the UK on the basis of Article 8. The House of Lords decided that, if Article 8 would otherwise entitled someone to remain in the UK, he or she should not ordinarily be required to go home in order to make an application to return to the UK – especially if there are children involved.