R (on the application of Reah) v Secretary of State for the Home Department IJR [2016] UKUT 55 (IAC) (13 January 2016)

Heard at Cardiff Civil Justice Centre

The applicant is a citizen of Canada who was born on 6 September 1967. In these proceedings she challenges the decision of the Secretary of State taken on 8 November 2014 refusing to grant her leave to remain under the Immigration Rules and Art 8 of the ECHR. Permission was granted by HHJ Curran QC on 1 April 2015.

Background
The applicant came to the United Kingdom in August 2008 with entry clearance based upon her UK ancestry. Prior to coming to the UK, she had known a British citizen, Ian Reah. Shortly after arriving in the UK, the applicant and Mr Reah began a relationship. Mr Reah had four children (Neil, Jasmine, Nicholas and Jessica).

At the end of 2006, the applicant and Mr Reah moved in together living with three of his children (Neil, Nicholas and Jessica). At that time they were 15, 12 and 11 years old respectively.

In early 2009, Mr Reah was diagnosed with motor neurone disease. This is a terminal condition and Mr Reah's condition gradually deteriorated. Having spent some time in hospital, Mr Reah returned to his home where he was looked after by the applicant with some professional support.

In 2012, Mr Reah passed away. Shortly before he died, the applicant and Mr Reah were married.
Throughout this time, Mr Reah's three children continued to live with the applicant and, following his death continued to do so. At the time of his death, the children were aged 18, 15 and 13 respectively. They are now 24, 21 and 20 years old respectively. They continue to live with the applicant.

The evidence is that Nicholas suffers from ADHD and until 2012 was in receipt of DLA because of his condition.

The applicant's initial leave to enter the UK was extended until 1 August 2011. However, that leave expired without her seeking to renew it. As a result, she became an overstayer on 2 August 2011.

In 2011, the applicant formed a relationship with a new partner, David Ladd who is a British citizen. He is separated from his wife with whom his young son lives.

On 15 August 2014, the applicant applied for leave to remain on the basis of her private and family life. She relied both upon her "family life" with her three stepchildren and with her new partner and his child.

On 8 November 2014, the respondent refused the appellant's application. First, the respondent concluded that the applicant could not succeed under the "partner" route under Appendix FM as she was not married to Mr Ladd and they were not living together so as to meet the requirement of cohabiting for at least two years in a relationship akin to marriage. Secondly, the respondent concluded that the applicant could not succeed under the "private life" rule in para 276ADE(1). She could not establish that she had been in the UK for at least twenty years and it had not been established that there were "very significant obstacles" to her integration into Canada if she were required to leave the UK. Thirdly, and finally, the respondent concluded that there were no "exceptional circumstances" to justify the grant of leave to the applicant outside the Immigration Rules under Art 8 of the ECHR.

Find full details of this case on Bailii’s website here.