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. Many people who contact us have already checked the general guidelines, or have been a step further and submitted an application that has been refused.
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, they use this to approach each case based on the unique circumstances. No two clients or cases are ever the same, so we go far beyond giving general advice by providing a bespoke service that achieves the best results.
So instead of just telling you about our successes, we want to show you…
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.
Unreasonable Deportation of an Illegal Immigrant
Our client was detained at an Immigration Removal Centre as a Pakistani national and illegal immigrant, and she was due to be removed from the UK on a charter flight. Acting immediately on the issue due to its urgency, our solicitor made representations to the Home Office to stop the removal, but did not receive a positive response.
However, using their knowledge and specialist experience, as well as the strength of being a fully qualified solicitor, our client’s dedicated solicitor adjusted their strategy and made a successful application to the court for an injunction against the Removal Directions.
The client’s removal was deferred just three hours before to the scheduled flight and she was released from detention on bail.
The Home Office has now agreed to reconsider her case.
Unreasonable refusal of a visit visa
Our team were recently contacted by a client who had been refused entry clearance in the UK as they attempted to come to the UK to spend time with her British Fiancé. They wanted our help to obtain a UK Visit Visa.
As soon as the client instructed our solicitors to act on her behalf, we quickly realised that the entry clearance officer did not follow the correct process, so the solicitor decided to challenge the decision by way of a Judicial Review (JR). The specialist solicitor drafted a detailed and persuasive letter that comprehensively set out the issues in the case, the correct decision that they were requesting the Government to make, and the reason why they were seeking a new decision. The Secretary of state agreed to reconsider the application and issued our client the UK visit visa.
The success did not end there. Our specialist immigration team also settled terms that held the Home Office liable to pay our client’s legal costs in the case.
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.
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.
Illegal Entrant Parent – Judicial Review (JR) (use of Human Rights Act)
Our Senior Solicitor was recently instructed to represent a client who lived in the UK with his wife and three British children. The client had no immigration status of his own and had made an application to the Home Office to obtain a legal immigration status, which was refused with no right of appeal.
The strategy that our team developed was to challenge the decision through the process of Judicial Review on grounds of Article 8 of the European Convention on Human Rights (the right to private and family life), and the Home Office’s failure to consider Section 55 (the Best Interests of the Child).
The Home Office were reluctant to allow the matter to go to a hearing in the High Court and instead settled the case, which meant our client succeeded in being granted a full right of appeal in the UK. We were then instructed to represent the client in the appeal, which was successful and allowed by the First Tier Tribunal Judge.
Our Senior Solicitor not only secured leave to remain for our client but also settled terms that held the Home Office liable to pay our client’s legal costs in the case.
Unreasonable Refusal of Entry into the UK
We were recently instructed by a client who was a New Zealand national that had arrived in the UK to visit her British partner. The UK Border Force refused her entry on the suspicion that she did not intend to leave the UK, which was based on the fact that she had strong family commitments to the UK. Consequently, the client was served with removal directions for the next morning.
The client’s partner instructed our solicitors at 6pm on the evening she arrived so our specialist team had to act promptly. Even though it was out of normal office hours, our solicitor gathered all the necessary documents from our client and wrote up his submissions for the Border Force. The solicitor then liaised directly with the Chief Immigration Officer to demonstrate that client was a genuine visitor with every intention to leave the UK after her visit.
This case was successful because the solicitor was able to work in partnership with the client to demonstrate, through the use of specific details and information, that there was no intention to remain.
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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