Case Outcomes

The last week was quite an interesting week for us as we received three decision on our applications to the same day premium service centre, Home office in Glasgow. The facts of the said three applications are discussed in brief below:

1. A Chinese married to a British citizen applied for indefinite leave to remain. The problem in this application was that she had received a civil penalty from the Home Office last year for employing two illegal people, so her application could have hit by not satisfying character requirement of the immigration rules. In our cover letter we explained that in her case discretion could be exercised because she does not fall under mandatory refusal (not having criminal conviction) and discretion should be exercised in her favour as she was new to the business and it was just an innocent mistake on her part and has paying the penalty without any default. The Home office granted her indefinite leave to remain exercising discretion in her favour.

2. A mother of two British children from Kazakhstan applied on FLR form for leave to remain in the UK. The problem was that she was on her visitor visa and the immigration rules do not permit any visitor to switch into any category of visas under the rules. The Home Office was not keen to grant the application but ultimately did allow it out of the rules because the best interest of British children would have suffered if the application of their mother was refused. The Immigration Act 2014 has inserted section 117B(6) in the Nationality, Immigration and Asylum Act 2002 which says that the public interest does not require removal of a parent of the British children. Here the applicant had not bad immigration history.

3. The Indian applicant on tier 1 (general) visa applied for Indefinite Leave to Remain. He owns 3 shops in Aberdeen. His earnings were as a self employed. We produced his business bank statements and the management accounts prepared by his accountant to demonstrate the net profit of his business satisfy the earnings requirement. The Home Office readily accepted the evidence of earnings and the applicant has now present and settled status in the UK.

The first two applications were complicated ones as questions of law were involved. Our job was to spot the problems in the applications and address them with what is stated in the policy guidance of the Home Office and relevant law. As fortunately we addressed the right problem areas concerning their applications before the applications were considered by the Home Office, our clients are happy now as their applications are successful. The third application was the least complicated out of the three but still right documents were to submitted in order to convince the Home office that the earnings were from a genuine business and not only for obtaining a visa. We had to liaise with his accountant in order to see if the applicant was satisfying the earnings requirement or not. The key was to identify which documents are required to be submitted as per the Home Office’s guidance and see if they meet the requirements of the immigration rules.

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