A Y & J were approached by Ms E seeking advice on how she could obtain leave to remain in the UK as a spouse. She had entered the UK on Tier 2 (General) visa, permitting employment with only a single named employer and with no option to switch company. And to make matters worse, she had been advised by her employer that she could not switch into any other visa category.
Ms E attended a consultation with our Senior Immigration Solicitor at our Central London Offices. Relevant questions were asked, and information obtained. At the end of the consultation, Ms E was advised that she could, in fact, switch visa categories. There was nothing in the Immigration Rules, preventing her from applying to remain in the UK as a spouse, provided she could meet the requirements of Appendix FM. Ms E was delighted and engaged our services on the spot.
Gathering the necessary evidence to build a robust case
We firstly provided Ms E with a detailed list of documents that would be required for submission with the application. Ms E was anxious to start gathering as much evidence as she could before her marriage took place so that once married, she could apply straight away.
We liaised with Ms E regularly over the course of a few weeks. She was concerned that having never lived with her fiancé, she had no evidence of her relationship. Having read the Immigration Rules, she was under the impression that she would need to provide two years’ worth of co-habitation documents. The Immigration Rules are often unclear, requiring expert guidance to navigate. At A Y & J we have years of experience in this area and were able to reassure Ms E that all she had to do was provide us with the documents we had asked for and she could leave the rest to us.
Ms E duly provided us with all of the documents we requested. In addition, we assisted with obtaining evidence from her Fiancé’s employer and proof of the couples proposed accommodation.
Using the new Super Priority Service for the UK Spouse Visa
Once Ms E was married, we got to work booking her an appointment under the new Super Priority Service. She was concerned that at the date of the appointment, she would not have any evidence confirming she was living with her husband. Due to her work commitments, she had to remain in London during the week and returned to her new home on weekends. We assured her that we would explain the situation in our legal submission, which would be uploaded to the new website in advance of her application.
Fail to Prepare – Prepare to Fail!
The Home Office requires that documents be presented in a specific order, therefore we prepared what we would call an ‘Application Pack’, including legal representation and specified evidence to show she met all of the requirements of Appendix FM to be granted leave under the Five Year Route to settlement, in the required format. These documents were uploaded two days before her scheduled appointment.
Offering support and reassurance at every stage
Ms E was anxious about the appointment as feared she would be interviewed and would not be prepared. Her Solicitor spent time assuring her that she would not be interviewed and walked her through the appointment procedure. Ms E was provided with a complete copy of the Application Pack in case of any issues on the day.
Ms E’s appointment was at 11.30am, by 2.30pm we were calling her to deliver the good news that her application had been successful.
This case demonstrates unequivocally that a well-prepared application can assist in swifter decision making. If the documents are listed and laid out in the prescribed manner, the decision maker’s job is considerably easier.
We wish this newlywed couple a happy future together, and we are pleased to say that Ms E has already decided to engage our services to submit her next application as she felt so supported every step of the way.
If you require peace of mind and reassurance with your application, give us a call; we are here to help.