Chikwamba v SSHD [2008] UKHL 40

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.