We have assisted a Moroccan national who arrived in the UK in possession of a Tier 4 student visa. He was then granted leave to remain in the UK as a Tier 1 highly skilled (post study work migrant) and thereafter remained without leave to remain. He then met a European national and the relationship began. They decided to get married and began cohabiting. He gave notice to the Registry Office of intention to marry and was invited to be interviewed. Following the interview, he was detained and was informed that he was liable to removal. We protested the detention, stating that it is not necessary because there is a reasonable alternative; That he is not likely to abscond if granted bail, and that his removal from the UK is not imminent.
We asserted that the couple were a genuine couple, and the only reason why he was being detained was because he had been residing and working in the UK illegally. The main legal arguments were that his detention was unlawful and there was no justification for the detention. We suggested that the Secretary of State review the decision, given the Secretary of State’s enforcement instruction guidance, which was last updated in February 2018 which suggested that there is a presumption in favour of temporary admission, or temporary release, and there must be strong grounds for believing that the person will not comply with conditions of temporary admission or temporary release for detention to be justified. He was released and consequently married his partner.