Earlier today we received the wonderful news that a client’s (the Applicant) UK Spouse Visa application had been successful. In our initial consultation with the Applicant and her partner, we had explored the options available to the couple as they had informed us that the Applicant had 4 previous UKVI Home Office refusals. We knew from the onset that this would be a difficult UK Spouse Visa application due to the Applicants adverse immigration history, however, our team of solicitors and barristers successfully guided the Applicant to a successful application.Â
The case for Entry Clearance as a spouse
The Applicant was a Ukrainian national residing in her home country. The Applicant and Sponsor met on holiday in India and started dating shortly after. Soon after they met, the couple instantly discovered their shared interests and mutual attraction for one another. During the time they spent together in India the couple’s relationship developed and as a result, they exchanged contact details at the end of their holiday. Over the course of their relationship, the Sponsor regularly visited the Applicant in Ukraine. In our initial consultation with the Sponsor, he had informed us that the Applicant had 4 previous UKVI Home Office refusals to her name. Our Solicitors reviewed the previous refusals and informed the Applicant of what work and documents are required to achieve a successful application. After speaking to our specialist immigration team, the Applicant instructed us to prepare an Entry Clearance UK Spouse Visa Application.
Overcoming Previous UKVI Home Office Refusals in a UK Spouse Visa Application
As mentioned above in this particular case, the Applicant had 4 previous UKVI Home Office refusals to her name as the Home Office was not satisfied that she met the Immigration Rules. The Applicant had submitted her previous applications without the correct legal guidance and therefore failed to submit the mandatory documents required for her applications. It is important to seek legal advice before submitting an appeal to the FTT as this is a lengthy process and only appeals with good prospects of success should be submitted.  In our experience, it may be more appropriate to submit a fresh application with specialist legal advice from our Solicitors and Barristers where an incomplete application was submitted and there limited prospects of success.
How we can assist in submitting a successful Entry Clearance UK Spouse Visa Application
Our solicitors successfully guided the Applicant through the UK Spouse Visa application process and prepared outstanding legal representations which focused on how the Sponsor satisfied the financial threshold requirement of £18,600. Our solicitors had to work closely with the Applicant and Sponsor to ensure they were able to collate all the mandatory documents required for the Applicant’s application. It was essential that a properly executed application that met all the requirements was submitted as the couple had already planned the Applicant’s visit to the UK. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the online visa application form and the financial requirements form.
On 10 August 2017, the much-awaited change to the UK Home Office Policy Guidance had been revealed. We previously wrote about the impact of MM Majid Javed v SSHD and the impending change to the Home Office Policy Guidance on meeting the Minimum Income Requirement under Appendix FM Immigration Rules for UK Spouse Visa Applications. The new Home Office Policy Guidance essentially introduces a new Unjustifiably Harsh Consequences Test by considering any interests of children and alternative sources of income in meeting the Minimum Income Requirement.
Using Legal Representation to Prepare a UK Spouse Visa Application
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 a UK Spouse Visa Application.
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 UK Spouse Visa Application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Spouse Visa Application meets the Immigration Rules.
Successful UK Spouse Visa Application
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 status and the merit of your UK Spouse Visa Application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Spouse Visa Application and ensure that you meet all the requirements of the relevant rules.
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 application. 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 UK Spouse Visa Application.
Contact our London immigration solicitors on 02030110276 or complete our contact form.