Mrs B was a Tier 4 (Student) Migrant. While in the UK, she extended her leave on various occasions as Tier 4 (Student). At the time of applying for further leave to remain as a Tier 4 Student, she submitted English test certificates to support her application, and her leave to remain was granted. After she completed her studies, her husband Mr J found a job in the UK and was sponsored by his employer. Following the new changes in her family circumstances, Mrs B varied her immigration status to leave to remain as the partner of Tier 2 (General) migrant.
Mrs B’s husband was later sent a letter informing him that he had been granted leave to remain as a Tier 2 (General) migrant. However, Mrs B was sent a letter informing her that her application as a Tier 4 dependant had been refused. This was on the basis that the UKVI alleged that Mrs B had used deception in her previous Tier 4 (General) application when she submitted a TOEIC certificate from Educational Testing Service (ETS). Mrs B was not given a right of appeal, and she was informed that she had the right to seek administrative review (AR) of the decision.
Mrs B approached A Y & J Solicitors for legal advice. During the consultation, she informed us that she had taken the English language test in good faith and there was no deception on her part during the TOEIC test.
After assessing the matter, we advised her to exercise the right to seek AR to refute the allegation of deception.
Unfortunately, the UKVI refused Mrs B’s AR application and maintained the refusal decision of her application for leave to remain. Following the refusal of her AR application, we found that the refusal decision of the UKVI was unreasonable based on the further documentary evidence provided by Mrs B. We advised Mrs B to challenge the unreasonable decision of not granting her leave to remain, by way of Pre-action Protocol.
The Letter Before Claim was submitted to the UKVI, together with the supporting documents. The Judicial Review unit of UKVI overturned the refusal decision after 14 days and following which, Mrs B was granted PBS Dependant leave. Both Mrs B and her husband were overjoyed. They could now enjoy their family life in the UK while Mr J is pursuing his career.