Fatima Ali, R (on the application of) v Secretary of State for the Home Department
[2023] EWHC 1615 (Admin)
Glydelyn Mae Caguitla v The Secretary of State for the Home Department
27 April 2023
[2023] UKUT 116 (IAC)
Upper Tribunal
A's mom got British citizenship, meaning she no longer had the required immigration permission. Because of this, A (who was over 18) didn't meet UK rules to stay, so her application was denied.
Key Facts
- •Glydelyn Mae Caguitla (A), a Philippine national, applied for indefinite leave to remain in the UK.
- •A's mother (M) initially entered the UK as a domestic worker and later obtained British citizenship.
- •A's application was refused because she did not meet the requirements of paragraphs 197 and 199 of the Immigration Rules.
- •A was over 18 at the time of application and her mother was a British citizen, not holding leave under the relevant paragraphs of the Immigration Rules.
Legal Principles
To meet the requirements of paragraph 197(ii) of the Immigration Rules, an applicant must be under 18 or have current leave as the child of a person with leave under paragraphs 128-193.
Immigration Rules, paragraph 197(ii)
To meet the requirements of paragraph 197(i) or 199(i), the parent must have leave; British citizenship does not satisfy this requirement.
Immigration Rules, paragraphs 197(i), 199(i)
Leave is a concept applicable only to those who are not British citizens (Immigration Act 1971, s.3(1)).
Immigration Act 1971, s. 3(1)
Outcomes
Appeal dismissed.
A did not meet the requirements of paragraphs 197(ii) and 199(i) of the Immigration Rules because she was over 18 and her mother was a British citizen (not holding relevant leave). The Tribunal found no disproportionality in refusing her application.
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