Appeals Cases

UK Immigration Solicitors receives hundreds of calls or contact form requests for appeals cases every day and each one of them has its own unique circumstances. Our specialist team of expert solicitors have over 50 years of combined experience in UK Immigration law and, as you will see in the examples below, one of our most outstanding areas of expertise is in cases of appeal.

So instead of just telling you about our successes, we want to show you…

Example 1.

An Appeal against refusal of a Spouse Visa

Our client was a Pakistani national whose spouse visa application to join her British husband had been refused due to:

  • her own English language qualifications;
  • her sponsor’s income.

Our client instructed our solicitors to represent her during the appeal. Her dedicated solicitor worked closely with her and our team of barristers to prepare the case to the highest possible standard. This included preparing a customised appeal that was tailored to our client’s specific circumstances and making written submissions on her behalf.

In most circumstances it takes between 9-12 months to appeal a case from overseas but to avoid such a lengthy delay – which would have been a great strain on her family – the solicitor decided to bypass this by making direct representations to the Entry Clearance Manager at the British High Commission in Pakistan. The strategy used by our specialist solicitor resulted in securing the spouse visa for our client in just 4 weeks.

Example 2.
Unreasonable Refusal of Further Leave to Remain
Our senior solicitor was recently instructed to represent a client who wished to appeal against the Home Office’s decision to refuse his application for Further Leave to Remain (FLR) in the UK.

The client was living in the UK on a Tier 1 General work visa and wanted to apply for Further Leave to Remain (FLR). His first application was refused on the basis that he had overstayed for more than maximum 28 days discretionary period. However, when our solicitor examined his documentation in more detail became clear that the client had not in fact overstayed and the original application was actually made within the required time-frame.

Our team prepared the case in significant detail, making the specifics that had previously been missed or ignored by the Home Office, clear and transparent.

As a result of this thorough action, the immigration judge was persuaded by our solicitor’s submissions and exercised his discretion to review the client’s case in line with the Home Office rules and guidance.  The judge overturned the refusal and issued the further leave to remain (FLR) for our client.

Example 2.
Unreasonable Refusal of Indefinite Leave to Remain
One of our senior solicitors was recently instructed to represent a client who wished to appeal against the Home Office’s decision to refuse his application for Indefinite Leave to Remain (ILR) in the UK.

The client was a national of a non-EEA country and had been living in the UK with over 10 years of lawful leave to remain. After receiving the initial consultation with our expert immigration solicitor we decided, in partnership with the client, to appeal to the First Tier Tribunal against the Home Office’s refusal of the ILR. Our specialist team of solicitors worked closely with the experienced barristers to ensure that our client’s case was prepared to the highest standards. The Judge at the First-tier Tribunal determined that our client’s appeal should allowed based on Human Rights grounds – which are not part of the Immigration Rules – our skilled solicitors had thought to use.

This client now continues to live in the UK where he has established a successful business.

This case is a good example of how our expert team is able to think creatively and use their legal expertise in each individual case to ensure the best possible chance of success for our clients.

Example 3.
Unreasonable Spouse Visa Refusal
Our client was a British citizen who had married a Moroccan woman he had met on holiday. He made an entry clearance application for her to join him for settlement in the U.K. Our client had a number of serious medical conditions and was in receipt of higher-level disability living allowance. Having heard the immigration rules require his wife to demonstrate competence in the English language, our client enrolled her onto a language course at a local school.

The Entry Clearance Officer refused the application on the grounds that the English language certificate was not from an approved provider. By the time the appeal was heard in the Tribunal, our Client’s Moroccan wife had enrolled onto an approved college and obtained an English language test certificate.

Our team represented her during the appeal, where our solicitor was able to successfully argue the British citizen sponsor’s rights under Article 8 of the ECHR (right to family and private life) had not been considered in the decision to refuse. The immigration Judge sent the case back to the Entry Clearance Office with the directions that it considers the new English language certificate, despite it being post-decision evidence. Our Client’s wife was granted her spouse visa without further objections.

This case shows how skilled and experienced solicitors who fully understand the rules of immigration law, and can relate them appropriately to human rights law, can even use delays in the procedure itself to ensure the best possible chances of successful applications.

It should also be noted that this case was successful because the clients had shown great detail and commitment to satisfying the specified criteria and worked carefully to follow all the advice of our specialist solicitor.  As a result they now lead a happy life together in the UK.

Why choose UK Immigration Solicitors?

  • Expert legal advice: over 50 years of combined expertise from an award winning solicitors firm;
  • Individual Service: professional legal advice tailored to your specific needs, no matter where you are in the world;
  • Affordable: fixed payment plan with no hidden extra fees;
  • Peace of mind: all of our solicitors are qualified UK immigration solicitors and regulated by the Solicitors Regulation Authority;
  • Confidence: we are proud members of Immigration Law Practitioners Association.

More examples of our solicitors work on appeal cases will be coming soon. This page will be updated regularly, so please come back to have another look.

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