We received some brilliant mews earlier this week that our team of solicitors and barristers successfully appealed a Home Office refusal at the First Tier Tribunal. Our specialist immigration team assisted with challenging a Home Office decision denying the Appellant further leave in the United Kingdom as a spouse under the Immigration Rules. It was clear from the onset that the Home Office decision to refuse the application was flawed as it appeared the Home Office caseworker had relied on points that had been previously conceded by the Home Office.
Background to the Appeal to the Immigration and Asylum First Tier Tribunal
The Appellant was a Nepalese national who entered the United Kingdom on a Tier 4 Student visa. After his studies, the Appellant voluntary departed from the United Kingdom and submitted an Entry Clearance Fiancé visa application but his application was refused on the grounds of deception. It was alleged that the Appellant had fraudulently obtained a Test of English for International Communication (TOEIC) qualification. The Appellant had appealed the decision to refuse his application and had his appeal was allowed. The Appellant arrived in the United Kingdom on his Fiancé visa and married his partner. Following this, the Appellant had applied for Further Leave to Remain as a spouse and surprising his application was refused on the grounds of deception again. The Home Office relied on the grounds they had previously conceded and it was a contentious refusal. The Appellant did not want to submit a fresh application and wanted to challenge the Home Office decision and clear his name as the allegations against him were unfound and there was no concrete evidence to suggest that he had obtained an English language qualification fraudulently.
The case for submitting an Appeal to the Immigration and Asylum First Tier Tribunal
In our initial consultation with the Appellant, we reviewed the Home Office decision with his application and supporting documents. We also discussed the Appellant’s immigration history as it was evident that this was considered by the Home Office in refusing his application. In the Appellant’s refusal letter there had been a lot emphasis on his previous immigration history and the Home Office relied on reasons they had previously conceded on. It was a bizarre refusal and in some aspects a flawed refusal. However, there were some complexities in the Appellant’s case and it was important a well-planned action plan was put together to give the Appellant the best chance of success in his appeal. After months of hard work and dedication, our team of solicitors and barristers were able to get the Home Office decision overturned at the First Tier Tribunal. The Appellant was ecstatic with the outcome. The Appellant was also awarded some costs by the First Tier Tribunal judge.
Submitting a Further Leave to Remain application
To submit a further leave to remain application on the basis of your relationship with a British spouse, there are a number of requirements that must be satisfied. Please see some of the requirements below:
- Your partner must be a person settled in the UK or hold British citizenship;
- Your previous relationship/marriage must have been terminated;
- You must be able to demonstrate that you have been in an ongoing relationship for a period in excess of 2 years or are married or in a civil partnership;
- You must have passed an English qualification at the required level. However, there are some circumstances where you may be exempt from meeting this requirement; and
- Your partner must meet the financial threshold requirement; this varies depending on the route you are applying under. Your application may be considered either under the 10-year route, 5-year route or the 2-year route.
However, you should note that there are numerous ways you can satisfy these requirements. It is imperative you obtain the correct guidance before submitting any application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements.
How we can assist submit a successful Appeal to the Immigration & Asylum First Tier Tribunal
Our solicitors and barristers drafted comprehensive and strong Grounds for Appeal challenging the defective reasons for refusal. In addition to the Grounds of Appeal, our solicitors and barristers prepared a detailed, structured, indexed and paginated bundle of documents which were relied upon at the appeal hearing. Further, our solicitors and barristers also assisted with the drafting of comprehensive and strong witness statements in support of the Appellant’s appeal. These were the key ingredients towards the success of the Appellant’s appeal.
Our solicitors and barristers successfully guided the Applicant through the appeal process ensuring the Appellant was kept up to date with the progress of his appeal. In addition to this, we also assisted the Appellant to gather essential documentary evidence, providing multiple substantial reviews of his documents to give him the best chance of overturning the Home Office decision. The key to a successful appeal at any court of law or tribunal is preparation and providing the correct documentary evidence in support of your case.
Using Legal Representation to submit a successful appeal at the Immigration and Asylum First Tier Tribunal
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an appeal to the Immigration and Asylum First Tier Tribunal.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your appeal matter has merit, you should seek legal advice from our immigration solicitors and barristers. In an instance where your case has no merits, our immigration solicitors can consider with you a fresh application with the correct documentation ensuring a positive result.
To submit a successful appeal at the Immigration and Asylum First Tier Tribunal you will need to obtain the correct documentary evidence in support of your appeal. The UK Immigration Rules are complex and a legal representative can help ensure that your appeal has sufficient grounds to appeal.
Successful appeals at the Immigration and Asylum First Tier Tribunal
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 immigration appeal at the Immigration and Asylum First Tier Tribunal before your matter even reach the tribunal. We can assist you with the preparation and submission of your appeal at the Immigration and Asylum First Tier Tribunal and ensure your case has the best chance of success.
We 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. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful appeal at the Immigration and Asylum First Tier Tribunal. 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.
Contact our London immigration solicitors on 02030110276 or complete our contact form.