Successful application for entry clearance as a spouse of a British citizen

Successful application for entry clearance as a spouse of a British citizen

On January 25, 2021 | In Spouse / Partner Visa | By A Y & J Solicitors

Background

Our client,Mr K,initially came to the UK as a student. While in the UK he submitted an extension application as a Student.  The extension application was refused, and he eventually became an overstayer in the UK. A few years later, he met his current wife, and they got married. He was advised by his previous legal representative to apply for leave to remain under family/private life route in the UK. The application was refused, and his previous legal representative filed a judicial review application. The judicial review permission was refused, and he submitted a new in country application which was subsequently refused. Mr K appealed against the decision, and the appeal was dismissed. Mr K sought our guidance in relation to his immigration matter, and eventually, he left the UK.

How we helped

Following consultation with Mr K, we advised him that he should leave the UK and apply for entry clearance as a spouse of a British citizen from abroad.

Prior to his departure, we prepared a detailed checklist for Mr K outlining the supporting documents he needed to gather for his spouse application, especially the records to prove his relationship to his wife. We helped Mr K collect several correspondence items addressed to him and his wife, showing that they previously lived together. We also provided their online chatting history to prove that they kept in touch with each other while being apart.

In respect of the financial requirement, Mr K was of an opinion that his wife does not meet the financial requirement because she was on maternity leave. We checked Mr K’s wife’s payslips and assured him that she met the minimum income threshold based on her last six-month payslips before the commencement of the maternity leave, which is how the Home Office will assess if a person is on maternity leave. We also helped Mr K’s wife to get a letter from her employer confirming certain information required by the Home Office.

Finally, we prepared detailed legal representations addressing Mr K’s previous refusal histories and overstay issue.

Result

Mr K’s visa application was approved within two months using the standard service. Despite his overstaying issue which has been addressed in our legal representations, we obtained a successful outcome.  Finally, Mr K reunited with his wife and their lovely baby. They can enjoy their family life in the UK now.

A Y & J Solicitors

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