Mr L was a student based in Myanmar who wanted to come to the UK to study a master’s degree. Mr L had a troubled immigration history and was concerned that this would cause his Tier 4 (General) visa application to the UK to be refused. Indeed, Mr. L was rightly concerned as third-country immigration offences are treated with due weight by the Home Office and often lead to refusal.
Mr L had previously studied for an undergraduate degree in the United States of America on a F category visa. During his degree, Mr L made an asylum claim on the basis that he feared politically motivated persecution should he return to Myanmar. However, Mr L’s claim was refused and, partly due to the stress of the refusal, Mr L was unable to successfully complete his degree and lost his student status. Mr L subsequently breached the conditions of his F visa by overstaying in the United States for more than 12 months due to his legitimate fear of returning to his home country.
The Home Office view previous breaches of immigration law that occur in third countries in a poor light and may choose to use their discretionary grounds of refusal to refuse subsequent UK visa applications. Tier 4 (General) visas are especially difficult to obtain in these circumstances due to the historical abuse of this route by immigration offenders. The Home Office will want to be certain that the applicant is a genuine student and is not attempting to enter the UK and overstay permanently.
Where an applicant has an adverse immigration history, there is a high likelihood therefore that the Home Office will invite that applicant for an interview to assess the genuineness of the application. The Home Office interview has a high failure rate and it is, therefore, crucial that applicants seek the counsel of a seasoned immigration lawyer with relevant experience.
A Y & J Solicitors crafted powerful legal representations that sought to persuade the Home Office that Mr L was a genuine applicant who was not a threat to the UK immigration system. Mr L’s expert lawyer also used his substantial experience to prepare Mr L for the Home Office interview.
However, the Home Office were successfully persuaded by A Y & J’s legal representations and approved Mr. L’s application without undertaking an interview in less than a week. The representations illustrated a deep knowledge of immigration law that formed the basis of a powerful justification for Mr L’s past behaviour. Mr L considered that A Y & J’s advice was invaluable in obtaining this result.