Mrs A has been a long-standing client. She arrived in the UK on a Tier 4 (Migrant) Visa and soon after met and fell in love with Mr A, a British Citizen. When they got married, Mrs A returned to A Y & J Solicitors for expert advice and representation for an application for Leave to Remain in the UK as a spouse. Her first spouse application was successful, and she was granted 30 months on the five-year settlement route.
Before her visa was due to expire, she again returned to A Y & J Solicitors for assistance. We successfully applied for a further thirty months Leave to Remain.
Again, shortly before her visa was due to expire, she returned to A Y & J to assist her with her application for settlement in the UK as a spouse. In our experience, it is such applications that can be refused if the correct evidence is not submitted.
Assessing financial eligibility for Settlement
Mrs A had to satisfy all requirements stated in Section R-ILRP of Appendix FM of the Immigration Rules. One of the most important criteria to be met in this application was the minimum income requirement; £18,600 in this case. As Mrs A’s salary was less than the minimum income threshold, we elected to rely on her husband’s income from his self-employment.
To assist Mrs A in succeeding with her settlement application, we prepared a detailed checklist outlining the specified documents required from her and her husband in order to satisfy the Immigration Rules.
Mrs A’s husband was not sure what his income was and feared it would not be sufficient to prove they could meet the financial requirement. They also knew that any missing specified evidence could lead to Mrs A being granted further leave to remain on the basis of her family life, and refusal of settlement.
Our expert lawyers reviewed all of the financial evidence provided by Mrs A and her husband and were able to assure them that with the correct interpretation of the complex calculations for the financial requirement, the minimum income requirement would be met. Calculations of the financial requirement for self-employed individuals can be extremely confusing; it is therefore always strongly recommended that you consult an expert.
Dealing with the change in Home Office application processes
It was during the preparation of Mrs A’s application that the Home Office closed down their Premium Service Centres and outsourced part of the application process to a third-party. They now offered a ‘Super Priority Service’ to replace the Premium Service. We immediately informed Mrs A of the changes and how we could proceed in light of these.
Mrs A decided to use the new super priority service as she wanted the decision as soon as possible. We helped Mrs A to book her appointment and uploaded all documents in advance to their system.
With our help, Mrs A submitted her application with ease and received the decision on the same day.
With our help, Mrs A submitted her application with ease and received the decision on the same day. Her residence card confirming her settlement arrived two days later.
We are proud to have been part of Mrs A’s immigration journey and to have provided a seamless service to her. We look forward to working with Mrs A again soon when she completes her immigration journey by applying to be naturalised as a British Citizen!