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Family and Spouse Visas
At OTS Solicitors, we understand the emotions involved in trying to bring your foreign-born spouse and/or family members to the UK to join you. If your spouse and/or family members come from outside the EEA, then they will need to apply for visas to enter and remain in the UK.
To talk to one of our award-winning immigration solicitors about applying for a family or spouse visa, please contact us on 0203 959 9123 to make an appointment.
Spouse Visa
What is a Spouse Visa?
A spouse visa, (also known as a UK marriage visa), allows individuals who are married to a person settled in the UK – ie are not subject to any visa restrictions, to come to the UK to live, work and/or study.
How Long is a Spouse Visa Issued For?
It depends on whether or not it was issued inside or outside the UK. If it was issued whilst you were in the UK, (either residing or visiting), it will last for 30 months. If the visa was issued whilst you were overseas, the term of the visa is 33 months. After 33 months, you can apply for an extension, to take your total time in the UK to five years. Once you have completed five years on a spouse visa, you can apply for Indefinite Leave to Remain
UPDATE: Minimum Income Threshold Changes
The UK Government has amended the immigration rules surrounding the minimum income threshold to make it easier for some families to meet the requirements.
The changes made to Appendix FM-SE are as follows:
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In certain circumstances, the person deciding on the application (the decision-maker) may consider other sources of income, funds or financial support. The specified circumstances are that, firstly, the Minimum Income Requirement is not otherwise met and, secondly, it is evident from the information provided by the applicant that there are exceptional circumstances which could render refusal of the application a breach of Article 8 because it could result in unjustifiably harsh consequences for the applicant, their partner or a child under the age of 18 years who would be affected by the decision.
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The funds the decision-maker may consider can include a credible guarantee of sustainable financial support from a third party; credible prospective earnings from the sustainable employment or self-employment of the applicant or their partner; or any other credible and reliable source of income or funds available to the couple. There is prescribed guidance for the factors the decision-maker may consider when determining the genuineness, credibility and reliability of the other source of income, financial support or funds.
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If the applicant cannot meet the financial requirements, the decision-maker must go on to consider whether there are exceptional circumstances which would render refusal of the application a breach of Article 8 of the European Convention on human rights (ECHR) because it would result in unjustifiably harsh consequences for the applicant or their family. The test of proportionality will be used when deciding on whether entry-clearance should be granted on Article 8 grounds.
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The decision-maker must consider the best interests of any child who may be affected by the verdict made on whether entry-clearance will be granted.
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An applicant granted entry clearance or Leave to Remain as a partner or parent will be on a 10-year route to settlement (indefinite leave to remain), with scope to apply later to enter the five-year route where they subsequently meet the relevant requirements.
Other minor changes were also included to clarify certain sections of Appendix FM, including:
- “ensuring that children are granted leave of the same duration and subject to the same conditions as their parent, who is or has been granted leave under these Rules;
- ensuring that the partner of a person here with refugee leave or humanitarian protection cannot qualify for indefinite leave to remain before that person has done so; and
- clarifying the drafting of the English language requirement for further Leave to Remain as a partner or parent.”
What are the Requirements of a UK Spouse Visa?
To obtain a UK spouse visa, the following requirements must be met:
- You and your spouse must be 18 years old or over.
- You must have met each other and be legally married - this is to prevent arranged marriages.
- You must intend to live together permanently.
- You must have enough money to support yourselves (and any dependents) without claiming public funds.
- Your sponsoring partner must earn more than £18,600 per year or have enough savings to be able to sponsor you. The minimum financial requirement is higher if they are also sponsoring dependent children (see our section on Children’s Visas below)..
- You must have suitable accommodation for you, your spouse and any dependants.
- You must satisfy the English language requirements.
How Do I Apply for a Spouse Visa?
If you wish to apply for a spouse visa, talk to our expert solicitors, who will advise you on your position, and complete the forms and collate the documentation you will require to submit a successful application. If you are already residing in the UK under a different visa – for example, a student visa, then you may be able to switch to a spouse visa, as long as you and your spouse meet the eligibility requirements.
The application process can take between two to twelve weeks, and we will ensure we keep track of the process for you and answer any questions the UK Border Agency may ask on your behalf.
Family Visas
Family Visas can be separated into four categories of family migration; these include:
- Unmarried Partner Visas
- Dependent Child Visa
- Adult Dependant Relatives Visas
- Parents Visas
To find out more, please call our London office on 0203 959 9123, to speak to one of our top immigration solicitors.
Unmarried Partner Visas
What are the Eligibility Requirements for an Unmarried Partner Visa?
To qualify for an unmarried partner visa, you must meet the following criteria:
- You and your sponsoring partner must both be 18 years of age or over.
- You and your partner must intend to live together on a permanent basis.
- You must show that any previous relationship that you or your partner were involved in (whether it be as a married or an unmarried couple) has ended.
- You need to show that you have been living with your partner for at least two years in a relationship similar to marriage. You will need to provide documentary evidence confirming this.
- You and your partner must have sufficient funds to support yourselves (and any dependants) without claiming public funds.
- Your unmarried partner must be earning, at least, £18,600 per annum or have sufficient savings to be able to sponsor you. If they are also sponsoring children as dependents, then the financial requirement will increase.
- You must have suitable accommodation available for you, your partner and any dependants.
- You must also satisfy the English language requirements
How Long Can I Remain in the UK Under an Unmarried Partner Visa?
If you apply for your unmarried partner visa in the UK, you can stay in the country for up to 30 months. If you make the application outside of the country, your stay under the unmarried partner visa will be a total of 33 months. After 33 months, you will be able to extend for a further 30 months, and once you have been in the UK for five years, you can apply for Indefinite Leave to Remain.
Dependent Child Visa
The Eligibility Requirements for a Dependent Child Visa
To be eligible for a dependent child visa, to following criteria must be met:
- the child must be under 18 years; and
- must not be leading an independent life, be married or in a civil partnership and have no children of their own.
Are there any Financial Requirements Attached to a Dependent Child Visa?
Yes, there are. To bring dependent children into the UK, you must be able to show you have funds of:
- £3,800 per year for the first child
- £2,400 per year for each additional child
This is on top of the £18,600 requirement for a spouse or unmarried partner visa.
Adult Dependent Relative Visa
Can I Move an Adult Relative that Needs Care to the UK?
If you are settled in the UK and have an adult relative who depends on you for day to day support and care, then they can apply for an Adult Dependent Relative Visa, so they can join you in the UK for up to five years. After five years, your relative may apply for Indefinite Leave to Remain.
What Are the Eligibility Requirements of an Adult Dependent Relative Visa?
To be eligible for an Adult Dependent Relative Visa you must meet the following criteria:
- your family member must be over the age of 18
- he or she must be a close family member; ie a parent, grandparent, brother, sister, son, or daughter.
- as a sponsor, you must be a British citizen or at least settled in the UK with an Indefinite Leave to Remain
- the applicant must be outside the UK at the time of application
- your relative will need to provide evidence that he or she requires long-term personal care on a day to day
basis, including help with daily tasks such as washing and cooking. - the care needed must not be available or reasonably requested in the country where they reside either due to simple unavailability, unaffordability, or because there is nobody there who can provide it (such as close family)
- you will need to show that you can provide proper support, accommodation and care for your relative without claiming additional welfare or public funds to do so, and you must show evidence that you can continue this for a period of five years
Parent Visa
If you have a child in the UK, as a parent, you can apply for a visa to join them via the ‘Parent Route’.
What is the Definition of ‘Parent’ for the Purposes of a Parent Visa?
The term ‘parent’ is defined as:
- a natural (biological) parent
- an adoptive parent
- a step-parent where the biological parent has died
What are the Eligibility Requirements for Entering the UK via the Parent Route?
Eligibility requirements for entering the UK via the Parent Route depend on whether the child in question is British or ‘settled’ (meaning they have naturalisation or Indefinite Leave to Remain) in the UK.
If the child is British or ‘settled’ in the UK, then the applicant will need to show that they have sole responsibility for caring for the child, or have access rights to the child. They will then need to provide evidence that you can financially support themselves and any dependents and can speak English.
In cases where the child is not British or ‘settled’ in the UK, you must not only meet all of the above criteria, but the child in question must have been living continuously in the UK for seven or more years, and that it would not be in the child’s best interests leave the UK with you.
Why Choose OTS Solicitors to Assist you with Spouse and Family Visa Applications
At OTS Solicitors, our advisers are highly ranked as some of the best immigration and human rights lawyers in the UK. Known for their vast experience in successfully representing families of British nationals, it is the dedication of our solicitors, who get personally invested in every individual case and work to help the clients in all their family visa matters, which makes our firm stand out from the crowd.
One of our founding partners, Teni Shahiean, has been ranked by the Legal 500 as a recommended immigration solicitor from 2012 to 2015 and is highly accredited by the Law Society for her immigration knowledge and advice through the Law Society immigration and Asylum Accreditation Scheme.
We understand that immigration and visa problems are something that can take a toll on you and your family, so it is our endeavour to make all these matters easy and seamless for you. In some cases, we can provide a fixed fee to help you budget for your legal services, and we are always on hand to answer any questions you may have regarding your application.
To make an appointment at our London office or to talk to one of our immigration lawyers over the phone, please call our office on 0203 959 9123.
For a more detailed discussion regarding your case, or to book an appointment with a member of our Individual Immigration team, please call us now on 0203 959 9123
Family and Spouse Visas Success Stories
By Maryem Ahmed, of OTS Solicitors
Maryem Ahmed is a solicitor at OTS Solicitors and has extensive experience in immigration matters including; family visas, bail and detention, Human Rights and EEA residency and British Citizenship applications.
OTS Solicitors has been ranked highly by the Legal 500, and we have won numerous other awards for our immigration services (including a Global Excellence Award for the Most Trusted in immigration Law). OTS recently had an extraordinary success with an Adult Dependent Relative Visa being granted for the elderly relatives of a client.
About the Adult Dependent Relative Visa
Much has been made about the difficulty of getting an Adult Dependent Relative Visa granted by UK Visas and immigration. Since 2012, even the best immigration lawyers in London have found it almost impossible to gain entry into the UK under this category.
But our team is bucking the trend and able to point to success stories, which should provide hope to those who are desperate to bring sick and/or elderly relatives to the UK so that they can take care of them.
The rules governing the Adult Dependent Visa are exceptionally strict. To be eligible, the applicant must meet the following criteria set out in Appendix FM of the immigration Rules, namely:
E-ECDR.2.1. The applicant must be the-
(a) parent aged 18 years or over;
(b) grandparent;
(c) brother or sister aged 18 years or over; or
(d) son or daughter aged 18 years or over
of a person (“the sponsor”) who is in the UK.
E-ECDR.2.2. If the applicant is the sponsor’s parent or grandparent, they must not be in a subsisting relationship with a partner unless that partner is also the sponsor’s parent or grandparent and is applying for entry clearance at the same time as the applicant.
E-ECDR.2.3. The sponsor must at the date of application be-
(a) aged 18 years or over; and
(i) a British Citizen in the UK; or
(ii) present and settled in the UK; or
(iii) in the UK with refugee leave or humanitarian protection.
E-ECDR.2.4. The applicant or, if the applicant and their partner are the sponsor’s parents or grandparents, the applicant’s partner, must as a result of age, illness or disability require long-term personal care to perform everyday tasks.
E-ECDR.2.5. The applicant or, if the applicant and their partner are the sponsor’s parents or grandparents, the applicant’s partner, must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living, because-
(a) it is not available and there is no person in that country who can reasonably provide it; or
(b) it is not affordable
It is rule E-ECDR.2.5 which presents the greatest hurdle for applicants seeking an Adult Dependent Relative Visa to overcome. This is because part of the criteria for sponsoring an Adult Dependent Relative is that the sponsoring family member must show they can fully financially support and accommodate the family member for at least five years. Logically, therefore, it is very difficult to convince the Home Office that you can afford to look after a dependent relative in the UK but not in their home country.
The extensive evidence required to show the applicant meets the criteria is set out in Appendix FM-SE:
33. Evidence of the family relationship between the applicant(s) and the sponsor should take the form of birth or adoption certificates or other documentary evidence.
34. Evidence that, as a result of age, illness or disability, the applicant requires long-term personal care should take the form of:
(a) Independent medical evidence that the applicant’s physical or mental condition means that they cannot perform everyday tasks; and
(b) This must be from a doctor or other health professional.
35. Independent evidence that the applicant is unable, even with the practical and financial help of the sponsor in the UK, to obtain the required level of care in the country where they are living should be from:
(a) a central or local health authority;
(b) a local authority; or
(c) a doctor or other health professional.
36. If the applicant’s required care has previously been provided through a private arrangement, the applicant must provide details of that arrangement and why it is no longer available.
37. If the applicant’s required level of care is not, or is no longer, affordable because payment previously made for arranging this care is no longer being made, the applicant must provide records of that payment and an explanation of why that payment cannot continue. If financial support has been provided by the sponsor or other close family in the UK, the applicant must provide an explanation of why this cannot continue or is no longer sufficient to enable the required level of care to be provided.
If any of the evidence required is missing from the application, it is almost guaranteed to be refused. This is why it is crucial to instruct an experienced immigration solicitor in London to provide you with the best advice and collate the evidence that needs to be presented to support your submission to the Home Office.
BRITCITS v The Secretary of State for the Home Department
The case of Dasgupta (error of law – proportionality – correct approach) [2016] UKUT 28 (IAC), provided a ray of hope to those wishing to bring their adult dependent relative to the UK.
The judge in the First Tier Tribunal stated:
“I find that there are such exceptional circumstances here, particularly the fact that there are children that are affected and also the cultural aspects. I find that the decision is a disproportionate interference with the family life of the Appellant and the sponsor and her children and therefore infringes Article 8 ECHR.”
The Upper Tribunal dismissed an appeal by the Home Office, stating the appellant’s Article 8 rights were engaged and that the Home Office decision to deny an Adult Dependent Relative Visa was a disproportionate interference in the appellant’s family life.
In the recent case of BRITCITS v The Secretary of State for the Home Department [2017] EWCA Civ 368, the Court of Appeal considered the criteria for the Adult Dependent Visa.
Britcits, an organisation established to fight for the rights of migrant families, argued that the draconian criteria for obtaining an Adult Dependent Relative Visa contravened Article 8 of the European Convention of Human Rights, as they interfered with family life. Also, it was stated they defeated the purpose for which the law was originally made - to allow dependent adults who needed care to come to the UK. Although theoretically it is possible to sponsor an elderly or sick relative, in practice, the obstacles are almost insurmountable.
Unfortunately, the Court of Appeal ultimately rejected all of Britcits arguments.
Lord Justice Sales stated in relation to Article 8:
“If the care required by an elderly relative cannot reasonably be provided overseas the relative may well be able to succeed in gaining leave to enter under the ADR rules; conversely, if the required care can reasonably be provided overseas, it is likely that it will not be disproportionate to apply the ADR rules with full force and effect in such a case.”
Success story
We are proud to have recently achieved the successful application of an Adult Dependent Relative Visa for a client. The case involved two elderly relatives with impaired mental health, who had been looked after by friends in their home country. However, the friends were becoming too frail themselves to care for the pair.
We successfully provided expert medical evidence to show that even if care was available in the relative’s home country, both suffered from trust issues and would have likely have suffered severe trauma if they were forced to accept care from strangers.
Thanks to our detailed application and inclusion of all the relevant medical evidence, we were able to obtain Adult Dependent Relative Visas for both relatives to come to the UK and be cared for by their family.
OTS Solicitors is one of the most respected immigration law firms in London and is a Legal 500 leading firm. By making an appointment with one of our immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today. Contact us on 0203 959 9123 to speak to one of our immigration consultants.
Our client, KK, a national of Lebanon arrived to the UK in 2007 with his wife and two young children. He came as a work permit holder. During his stay in the UK, the employer became insolvent and the business was continued under different company. Our client was not correctly advised at the time of his obligations to inform the Home Office of his change of employer and carried on with his activities.
After reaching the required five year period for settlement, our client applied for Indefinite Leave to Remain. At this point he and his family had fully adapted to the British way of life and from an employee he had become a successful businessman, employing considerable amount of workers.
After a lengthy delay, our client's Indefinite Leave to Remain application was refused due to lack of compliance with his duties to inform the Home Office of change of employers.
Our client approached OTS Solicitors seeking advice and assistance on challenging the decision. As the decision was made under the old rules, it carried right of appeal and our immigration litigation lawyers advised the client on his options and grounds for challenging the refusal. Our client was advised that due to his lengthy presence in the UK, his family ties in the country, he had a strong family and private life grounds for challenging the refusal of his Indefinite Leave to Remain application. He was further advised that due to the length of his children's stay in the UK and their full integration into British society, the rule regarding the child's stay in the UK for more than 7 years was considerably adding weight to the strength of his family's case.
Our team of immigration lawyers specializing in appeals and immigration litigation took over the case and prepared the grounds of the appeal challenging the decision. After the hearing date was notified to our offices by the immigration and Asylum Tribunal, we worked closely with the client advising and assisting him in compiling the evidence to put before the Tribunal. Our team of lawyers also constantly liaised with the Counsel instructed by our firm on behalf of the client, to make sure that the client's and his witnesses' statements and evidence were covering all the issues to be raised during the hearing.
Our client's appeal was allowed on the grounds of family and private life as advised by our immigration litigation team, with considerable weight being given to the fact that he had extended family in the UK, who would be affected by their removal and with acknowledgement that our client's children would have succeeded in their claim to remain in the UK in any event, irrespective of the extended family presence, due to the length of their stay and degree of integration into this country.
This work was carried out by Principal Solicitor Teni Shahiean and immigration Lawyer Dr. Lusine Navasardyan.
To find out how we can help you with your immigration appeal, please phone our London office on 0207 936 9960, to talk to one of our experienced immigration Solicitors.
We successfully assisted a Jordanian national, who had recently married his EU National partner, with applying for a Residence Card. He was wrongly advised by his previous representatives which lead to his applications being refused and significant crdibility and evidencial issues at Appeal.
After our initial consultation a number of evidencial matters were clarified with the client and with our assistance a new set of documents were collate for their new EEA Application to the Home Office.
The Advantages of a Residence Card
If you are a family member of an EEA national, (as our client was), you can apply for a Residence Card. A direct family member, such as a spouse or a child of an EEA national does not have to apply for a Residence Card to stay in the UK; however, it can:
- allow you to re-enter the country more easily on returning from abroad
- prove to employers that you can work in the UK
- help you qualify for certain benefits and services
Further to submitting our client's new EEA Application and without the need for any further legal battles with the Home Office our client was soon provided a Residence Card which will last for five years, after which they will be eligible to apply for a permanent residence Card.
This work was carried out by Principal Solicitor Teni Shahiean and Senior Caseworker Nataliya Bondarets.
To find out how we can help you with your immigration issue, please phone our London office on 0207 936 9960, to talk to one of our experienced immigration Solicitors.
BA, who is originally from Nigeria, came to us after two discretionary leave to remain applications had been declined without right of appeal and the Court refused to grant her leave for a judicial review as to why a right of appeal was refused.
BA had been an overstayer in the UK for eleven years; however, she was married to a British national, and had a baby boy who was born in the UK.
How we Helped
If an individual has overstayed their visa entitlement, they are entitled to apply for Discretionary leave to remain in the UK on the basis that by removing them from the country, the UK Border Agency would be breaching the Government’s obligations under Article 8 of the European Convention on Human Rights. Article 8 states that a person has the right to a private and family life.
BA had clearly created a family life here in the UK; therefore, we made a fresh application under Appendix FM EX1. Paragraph EX1 can be used to apply for leave to remain in the UK by a person who has a genuine and subsisting parental relationship with a child, who is under 18 years, a British citizen, and for all intents and purposes, cannot be expected to leave the UK if the parent is removed.
Our application was successful, and BA now has leave to remain in the UK with her husband and son, free from any immigration worries.
This work was carried out by Principal Solicitor Teni Shahiean and Senior Caseworker Nataliya Bondarets.
To find out how we can help you with your immigration issue, please phone our London office on 0207 936 9960, to talk to one of our experienced immigration Solicitors.
Mr T, who is an Irish citizen, and his fiancé, a Mexican national, came to us for assistance with making an entry clearance application.
The Applicant’s Circumstances
The applicant had been previously married and had two children. He was now in a homosexual relationship with T. Unfortunately, he had a record of immigration offences in America, having worked there illegally numerous times.
How we Helped
All nationalities that require a visa to enter the UK must apply for entry clearance, even if they are only visiting the country on holiday. Citizens hailing from the Commonwealth and non-visa countries are given up to six months of entry clearance to come to the UK for tourist purposes.
We were able to gain entry clearance for Mr T’s fiancé, which will allow him to visit Mr T and apply for a visa to stay in the UK.
This work was carried out by Principal Solicitor Teni Shahiean with the assistance of Senior Caseworker Nataliya Bondarets.
To find out how we can help you with your immigration issue, please phone our London office on 0207 936 9960, to talk to one of our experienced immigration Solicitors.
Mr B was a Nigerian national with four dependents, (a wife and three children). The entire family had overstayed their visa and were facing deportation.
We assisted Mr B in preparing a strong application to stay in the UK on Human Rights grounds with a view to being granted an appeal to challenge the Home Office decision. With sucessfully obtaining a right of appeal we worked along side the UK's best immigration barristers and a team of soliciotrs from our firm ensured that every detailed aspect of the case was presented to the immigration Judge for a sucessful outcome. We were pleased to inform our client shortly after the heaering that they had been sucessful on Human Rights grounds and the whole family had been granted leave to remain in the UK.
Applications under Human Rights Grounds.
Most applications brought by overstaying families who want to remain in the UK are made under Article 8 of the European Convention of Human Rights. Article 8 states that everyone has the right to a private and family life, free from state interference.
Applicants can appeal under Article 8 if they can show that removal from the UK would result in unreasonable disruption to their family life. In order to succeed with an Article 8 appeal, it is imperative to instruct a recommended immigration Solicitor who has experience in such cases as they can be complex. OTS Solicitors have a proven track record of successfully appealing decisions from the Home Office on Human Rights grounds and achieving the best outcome for their clients at immigration appeal hearings.
This work was carried out by Principal Solicitor Teni Shahiean with the assistance of our Appeal team and Senior Caseworker Nataliya Bondarets.
To find out how we can help you with your immigration appeals and Human Rights application, please contact our London office on 0207 936 9960, to talk to one of our recommended immigration Solicitors.
Acting for Kenyan national in a Court of Appeal case in relation to a Human Rights Application on both Article 3 and Article 8 of the European Convention on Human Rights. The Appellant fears return on account of his imputed political opinion and a challenge has been mounted with a view to Ordering the Secretary of State to reconsider the Appellant’s Human Rights and Asylum protection claim and to make a new decision in the best interest of the Appellant’s British children in the UK. The proceedings have been settled and the Respondent Secretary of State has admitted to conceeding that the previous immigration Appeal hearing was decided in error of the law. The Home Office have therefore addmitted that the case should be sent back to the previous court and have also confirmed the evidence that should be considered which they nor the court considered in unfairly refusing the clients case the first time. Home Office has also agreed to pay client's full legal costs subject to review.
Miss J, a Slovakian national, allegedly entered into a marriage of convenience. The arrangement was supposedly discovered by the Home Office following a rade. The Home Office attempted to remove her from the UK.
What is a Marriage of Convenience?
A marriage of convenience or a ‘sham marriage’ describes a marriage or civil partnership entered into for immigration advantage by two people who are not a genuine couple. Non-EEA nationals sometimes enter into these arrangements in order to stay in the UK.
How we Helped
We investigated the matter through numerous enquiries and freedom of infomration disclosure by the Home Office. Following out legal representation at Appeal in the immigration Tribunal Miss J was successfully allowed to remain in the UK and the decision to remove Miss J from the UK was quashed.
This work was carried out by Principal Solicitor Teni Shahiean and Senior Caseworker Nataliya Bondarets.
To find out how we can help you achieve the best outcome in your immigration appeal matter, please phone our London office on 0207 936 9960, to talk to one of our immigration lawyers..
Acted for client in judicial review proceedings against the Secretary of State for the Home Department (‘SSHD’) in connection to the correct application of the new Immigration Rule, and unlawful interference with client’s Article 3 [inhumane and degrading treatment] and 8 [respect for private and family life] rights under the European Convention on Human Rights (‘ECHR’). During the proceedings, through lengthy negotiations with the Treasury Solicitors, the SSHD conceded to reconsider client’s leave to remain application on both Article 3 and 8, and to waive any requisite fee for the application. The terms of consent settled by the parties also held the SSHD liable to pay the client’s reasonable costs.
As an immigration solicitor I never get use to the excitement and thrill of calling my clients and letting them and their family members know that they have been awarded their visa or settlement in the UK. In most cases they sense the excitement in my voice and they know before I’ve said anything. This is one experience every immigration solicitor can relate to, and year on year the satisfaction of telling the family you have worked so hard for to ensure they are finally allowed to remain in the United Kingdom lawfully and to make a positive contribution and enjoy a fulfilling life for themselves and their families becomes more and more rewarding.
In this case I was instructed by the client in judicial review proceedings against the Secretary of State for the Home Department (‘SSHD’). The main issue in this case related to the correct application of the new Immigration Rule, and unlawful breach of client’s Article 3 [inhumane and degrading treatment] and interference with Article 8 [respect for private and family life] rights under the European Convention on Human Rights (‘ECHR’). During the proceedings, and through lengthy negotiations with the Treasury Solicitors, the SSHD conceded to reconsider client’s leave to remain application on both Article 3 and 8, and to waive any requisite fee for the application. The terms of consent settled by the parties also held the SSHD liable to pay the client’s reasonable costs. Following the judicial review and upon review by the Home Office of her decision, my client was granted leave to remain with her daughter also obtaining the same leave in line with her mother. My client recently received her biometrics residence permit and it was always very rewarding to work for her. Today she is in a position to make positive contributions to UK society and raising her daughter in a safe and stable environment.
Client A, a national of India had leave to remain as a Tier 2 (General) worker, but had reached ten lawful years of residence in the UK through various visa routes they had been granted whilst in the UK. A also had a dependant wife in the UK. A instructed the head of our immigration department, Teni Shahiean to assist and prepare the client's Indefinite Leave to Remain application in the UK based on his long residence. This was granted to him within a very short time. Miss Shahiean then advised the client on an application under Appendix FM for his wife to gain leave to remain which would lead to her own Indefinite Leave to Remain in the shortest time. The client and his wife were pleased with the advice and instructed our team to then apply, this time the spouse of a settled person for his wife. With our assistance the client collated all the evidence under Appendix FM and we provided advice on including evidence to meet the financial, English language and accommodation requirements and B was successfully granted her leave to remain as a spouse for 30 months. After 30 month our client will be eligible for Indefinite Leave to Remain.
Client A approach Teni Shahiean of OTS Solicitors to represent her in an application for entry clearance from Thailand as the spouse of B. Shortly before this application, A had been refused entry clearance to the UK as a visitor where she had stated B to be a friend and not a spouse. This discrepancy could potentially have caused the application to be refused on credibility grounds, as A could be considered by the Entry Clearance office as not being truthful in her previous application and therefore her current application could also be considered as implausible. However, with the assistance of strong substantive evidence and detailed legal representation to support our client’s evidence, the Home Office granting our client her visa to join her partner in the UK without the Entry Clearance officer raising any issues on her application.
Your Questions & Our Answers about Family and Spouse Visas
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039 599123 or contact us here: https://otssolicitors.co.uk/contact
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Thank you for your enquiry. We can certainly book a meeting to discuss this matter with you. However, please note if you intend to apply as unmarried partner, you will need to show that you have been living together for 2 years akin to marriage. If you have not, you will not qualify to bring him as your dependent. Please contact our office to speak with one of our solicitors if you need further advice. Please kindly phone us on 02039599123 to book an appointment.
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Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039 599123 or contact us here: https://otssolicitors.co.uk/contact
[This question has also been answered by our lawyers privately by e-mail]
Thank you for your email. You must demonstate that you have been living with and/or dependant on your EEA family member for the continuous 5 years period. Should you wish to discuss this further, please do not hesitate to contact us on 02039 599123 and we would be happy to assist you.
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Thank you for your email. There are options we can consider, however, this type of application is complex. We would recommend that you contact our office directly on 02039 599123 to discuss your matter in detail and for us to advise you on the best way forward.
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Thank you for contacting us with your enquiry. We need to gather further information from you to understand the case. Please contact us on 0203 959 9123 to arrange an initial meeting to discuss your matter.
[This question has also been answered by our lawyers privately by e-mail]
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039 599123 or contact us here: https://otssolicitors.co.uk/contact
[This question has also been answered by our lawyers privately by e-mail]
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
[This question has been successfully answered by our lawyers in a private e-mail]
[This question has also been answered by our lawyers privately by e-mail]
Thank you for your enquiry. As an EEA national you can apply for family permits for your family members to come to the UK. Please call us on 02039 599123 to discuss the specific requirements for your parents and your sibling. We look forward to hearing from you.
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Thank you for your enquiry. If at the time of your daughter's birth, you were a British national, your daughter is British by descent and you should make a UK passport application. You need to make an application for your wife to enter as the spouse of a British National and she needs to meet all the requirements under Appendix FM. please contact our office to speak to one of our lawyers on 02039599123.
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