Background:
There are several reasons why an individual may end up
Mr R, a Philippines national has a wife and two children (Mrs G, Miss A, and Master B), all British nationals, residing in the UK. Although they are a loving family who care deeply for one another, they are unable to be together. Mrs G, due to childcare issues and being responsible for full-time care of the young children, was working part-time as a support worker in a care home and thus could not meet the £18,600 financial requirement to allow her husband to come to the UK.
Mrs G’s sister, was willing and able to provide support to the couple. Although third-party support is allowed in entry clearance applications, the Home Office refused to accept the same resulting in the refusal of the application.
Mr R initially tried to navigate the immigration system himself and represented himself at the appeal stage. The appeal was initially allowed however the decision was later challenged by the Home Office resulting in him having to go through another appeal hearing. It was at this stage that Mr R contacted us to assist with the appeal, in the hope that he could finally be reunited with his wife and children.
The Challenge: The main challenge, in this case, was to convince the Judge dealing with the matter that the applicant’s circumstances were exceptional and that there were compelling reasons for third-party support to be considered and accepted when deciding if the applicant meets the financial requirement.
It was imperative that we fully explained the family’s circumstances, including the effects of the separation on both the parents and children in this matter. The family’s emotional distress and the strain of prolonged separation had to be clearly demonstrated, especially considering that Mr. R had never met his daughter, Ms. A, in person.
How We Helped: When Mr. R contacted us to help with the appeal, we first went through the entire history of the matter in minute detail to establish what had gone wrong before and how we could prevent it from happening again. This was followed by an in-depth call with all the parties in the matter to gain an understanding of their current situation. Lastly, we provided the applicant with a comprehensive list of documents we would require in support of the appeal to ensure the best possible chance of success.
The main point of focus was to clearly and succinctly describe why this family’s circumstances were ‘exceptional’ and why third-party support should be allowed, we focused on emotional factors in addition to focusing on why Mrs G was unable to work full time. We also focused on the fact that once Mr R was in the UK, his wife could work full time due to his support but also the fact that the applicant himself had managed to secure a full-time job offer in the UK. This all pointed toward the fact that they would not be a financial burden on the UK public funds, and it was in the best interest of the family for Mr R to be granted permission to come to the UK.
The Result: Due to our meticulous approach to the appeal and the ability to understand and focus on the main points, the case was presented in a strong manner. The end result was that the Judge agreed that third-party support should be accepted and the appeal was allowed. This victory marked the end of a long and challenging journey for the family, as Mr. R was finally able to reunite with his wife and children in the UK.
Why Choose Us? At our firm, we understand the complexities of immigration law and are committed to providing comprehensive support to clients facing challenging situations. If you are facing challenges with your visa application, trust us to guide you through the process and help you achieve your immigration goals.
Written by Mehak
