Our expert immigration team understand that an application can be refused where an Applicant lacks the correct understanding of the supporting documents required to satisfy the Home Office’s requirements. The UK Immigration Rules coupled with the Home Office’s supplementary Policy Guidance are complex and a failure to submit the correct documentation could lead to a UK visa refusal which can cause Applicants emotional stress and disruption for their families.
In a recent case of Taliban takeover in Afghanistan, the Home Secretary had seemed to waive a blanket requirement for Afghans to do biometric tests, who are applying to join their British family members in the United Kingdom, after it was challenged in the High court by an Afghan family in hiding.
What was the ruling regarding biometric tests?
The judge ruled that the mother and her five children who are currently in hiding, would not longer be required to do their biometric tests before attempting to move to the UK. The court took their circumstances into consideration as the family’s lawyer made them aware that leaving their hiding place in order to get their biometrics done in one of the neighbouring countries, could be dangerous for them.
The recent ruling on waiving the requirement of doing the biometric test could be beneficial for several families who are stuck in a similar situation, hiding in Afghanistan.
Our immigration solicitors are regularly instructed to assist in the preparation and submission of the Family of a Settled Person visa application for Applicants either in the UK or abroad. Our specialist immigration team are ready to meet with you in person or via Skype to consider with you whether you meet the eligibility requirements. As soon as you instruct us, we liaise with you in preparing your Family of a Settled Person visa application with the requisite supporting documentation.
Were entry requirements relaxed for Ukrainian refugees?
For most Ukrainian refugees, in particular, those with a valid passport, have been allowed to travel to the UK without having to do their biometric tests done. However, the same concession has not been applied to Afghan families who are dependants of a British citizen. The reasoning behind this is to protect immigration control and national security.
Nonetheless, after this issue was brought into the court, the home secretary conceded that Afghan families should be able to apply to come to the UK without having to submit their biometrics. Prior to the case being challenged in court, the home secretary explicitly cleared that the requirement of doing a biometric test would not be waived. However, the new ruling has been acknowledged by the judge, Mr. Justice Knowles in his judgement where he said that the change made by the home secretary was a “crucially important development”.
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a spouse visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
What is the current living situation of the family?
The father of the family who is also a British citizen used to spend half of the time with his family in Afghanistan and the rest in the UK. He was residing with his family in Afghanistan when Taliban took control. Consequently, he had to make the decision of leaving his family in hiding and return to the UK alone as he believed that being a British citizen, he would be putting his wife and children’s lives at an even greater risk if the Taliban found them.
The British authorities invited the family via emails to come to the city’s airport, a month after Taliban takeover however, the family was still not airlifted out of Kabul as there was a lack space in the evacuation flights. The wife and children are in hiding, currently living in a single room. The five children aged between eight to seventeen, cannot step outside to play in the fear of being identified.
The case was eventually brought against the Home Office, the Ministry of Defence and the Foreign Office. The two primary grounds of challenge were the biometric tests and the rules that do not automatically entitle the family to indefinite leave to remain in the UK, unlike most other groups of Afghans who were brought to safety. The judge found in favour of the government on the latter point.
A Home Office spokesperson said: “the taking of biometrics information, in the form of a facial image and fingerprints, is vital to protecting national security and our border.
In most circumstances, overseas applicants are required to enrol their biometrics before coming to the UK. However, those facing exceptional circumstances can request for the requirement to enrol their biometrics to be waived or deferred.”
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Why instruct our immigration team?
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a spouse visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your visa application.
Contact our London immigration solicitors on 02030110276 or complete our contact form.