A Y & J Help Client Gain Limited Leave to Remain as the Spouse of a Person Present and Settled in the UK

A Y & J Helps Client Gain Limited Leave to Remain as the Spouse of a Person Present and Settled in the UK


Our client Mrs S met her husband Mr A in 2012; they got married in 2013.  After getting married, Mr A was transferred by his company to their branch in the Netherlands.  Mrs S then applied for a visa and joined Mr A, and the couple had been living there together since.  Last year, Mr A was transferred to the UK by his employer.  After careful consideration and discussion with Mrs S, they decided to relocate to the UK.  Mrs S applied for entry clearance and planned to come to the UK with Mr A.  However, the application was refused due to lack of evidence of their relationship.

After the application was refused, Mr A entered the UK first.  Mrs S then applied for a Tier 2 (ICT) Long Term visa as her company offered her an opportunity to relocate to the UK, and joined Mr A about two weeks later.

Mrs S still wished to apply for a spouse visa.  She then approached us for our advice.

How A Y & J helped our client achieve Leave to Remain

Compiling sufficient proof of relationship

Considering Mrs S’s refusal history, we had to provide sufficient documents evidencing her relationship with Mr A.  To assist Mrs S in succeeding with her application, we prepared a detailed checklist for her, outlining supporting documents she needed for the application; especially the documents showing their relationship was genuine and subsisting.  We obtained a copy of a tenancy agreement and bank statements in their joint name for the period when they lived in the Netherlands.  We also provided evidence of cohabitation in the UK.  In addition, we obtained letters from the couple’s friends and family in support of her application.  Mrs S also provided lots of photos with Mr A and their friends and family evidencing their relationship.  Their marriage certificate and their daughter’s birth certificate was also provided.  After reviewing all the documents, we are satisfied that it is sufficient to prove their genuine and subsisting relationship.

Resolving minor financial discrepancies

Another important requirement was the financial requirement.  Mr A had been working for his employer for more than 10 years, and his annual salary was more than sufficient.  However, when we reviewed his payslips and bank statements, we spotted a slight discrepancy between the net pay shown in the payslips and the actual amount paid into the Mr A’s bank account.  We requested a letter from Mr A’s employer who explained that it was simply due to rounding of numbers.  As this anomaly had occurred more than once, we were not satisfied with this explanation, but the employer could not give any other explanations.  In our legal representations, we explained the situation and argued that the net amount should be counted according to Paragraph 1 (k) of Appendix FM-SE if the Home Office did not accept the gross amount as shown in the payslips.  Even if only the net amount was counted, Mr A would still meet the requirement.

Paragraph 1 (k) Where the gross (pre-tax) amount of any income cannot be properly evidenced, the net (post-tax) amount will be counted, including towards a gross income requirement.

The Result: Our client successfully received leave to remain

Mrs S chose the standard service and five weeks later received the grant letter and BRP card from the Home Office.

A Y & J Solicitors

A Y & J Solicitors is a multi-award winning, 14+ years experienced, recommended by Legal 500, boutique UK immigration law firm based in Central London. Having assisted 5000+ clients, we are well equipped to help you with our ‘In It To Win It’ approach. For your assurance and confidence, we are pleased to share our trust rating of 4.9/5 based on 1000+ reviews on Trustpilot & Google.

Requirements for Applying UK Spouse Visa

Blog on Spouse Visa Refusal

Reasons For UK Spouse Visa Refusal
June 11, 2019

Experience Fast and Reliable Results

Click here to contact us Phone icon+44 20 7404 7933 WhatsApp icon+44 20 7404 7933
Contact us by mail iconContact us by phone iconContact us by WhatsApp icon