Overstayed Leave to Remain

Correct Legal Advice Essential to Complex Spouse Visa UK Application

On March 08, 2018 | In Family Visas | By A Y & J Solicitors

Mrs A, a NON-EEA, entered the UK in March 2012 as the dependent spouse of her husband who was on a Limited Leave to Remain on a Domestic Worker Visa. She entered the UK along with her son. Due to limitations on her husband’s visa at the time, Mrs A and her son were only granted leave to remain for a period of six months. Despite this, they were assured by their previous legal representatives that they could extend their leave in the UK.

Incorrect Advice Creates Long, Unsuccessful Legal Battle

Prior the expiry of their leave to remain, the previous legal representatives advised them to apply for an extension of leave in a different immigration category (human rights claim) rather than the category they were previously granted. In July 2013, the Secretary of State refused their application with a right of appeal. In August 2013, an appeal was lodged against the Secretary of State’s decision to refuse their human rights claim. In June 2014, their appeal was dismissed by a First-Tier Tribunal Immigration Judge on the basis that they did not satisfy the relevant Immigration Rules. It was further stated that there were no compassionate or exceptional circumstances for them to be granted leave to remain outside the Immigration Rules.

Months later, our clients were encouraged to submit a fresh application to UK Visas and Immigration (UKVI) based on their family and private life in the UK. This application was subsequently refused by the Secretary of State in March 2015 without a right of appeal. Reconsideration was requested, however, the Secretary of State rejected the request. Soon after her appeal rights were exhausted Mrs A and her son became overstayers, but they were not aware of this issue. After receiving the reconsideration decision, our clients terminated the instructions with their previous solicitors.

While Mrs A and her child were going through this long legal battle, her husband obtained his settlement and eventually was naturalised as a British citizen.

While Mrs A and her child were going through this long legal battle, her husband obtained his settlement and eventually was naturalised as a British citizen. When we were approached by Mrs A and her family, she and her son were already overstayers and were looking to obtain the best legal advice as to how they could regularise their status in the UK.

Client Must Apply From Country of Origin for Spouse Visa Entry Clearance

During the consultation with one of our experts, we determined that any in-country applications Mrs A and her son were to submit would not be successful for two reasons: First because there were no compassionate and compelling circumstances for them to be granted leave outside the rules, and second their poor immigration history, followed by the findings made by First- Tier Tribunal Immigration Judge.

Expert Immigration Team Identifies and Resolves All Issues Being Proactive

Our team of experts advised Mrs A and her son to return to their country of origin and apply for entry clearance as the spouse and dependent child of a settled person. This would enable them to return to the UK legally. Despite them returning to their country of origin, Mrs A was subject to the Suitability requirements paragraph S-EC 1.5 of Appendix FM due to her previous immigration background. Also, Mrs A and her son had accessed the NHS while they were without leave to remain, and they needed to ensure that they had paid for these services before submitting their UK entry clearance applications. Information such as this is critical to a successful application, but many people fail to realise this without expert legal assistance.

A Y & J Solicitors prepared a detailed list of documents for the clients to gather, advised them on how to settle their balance with NHS, and prepared extensive legal representations to ensure that the application would not risk refusal due to the Suitability requirement.

Spouse Visa Approved – A Y & J Solicitors helps and the Family Gets Reunited

Although most applications like this are decided within 4 to 12 weeks, our clients’ application was pending with the Entry Clearance Officer for seven months. During this time, we maintained contact with the Entry Clearance Officer in Sheffield and kept our clients updated on their status.

The application was successful, and our clients’ returned to the UK. We are happy that we could assist this family to be reunited and their child can now continue his studies and life in the UK.

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

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