on May 6, 2022
We were approached by our client, whose entry clearance Spouse visa application was refused by an Entry Clearance Officer (ECO).
The ECO refused the application despite accepting that our client and his wife were in a genuine marriage, that she could financially support and accommodate him, and that he had successfully passed the English language test. The application however was refused on the basis that our client had previously overstayed and lived illegally in the UK.
Our client had previously entered the UK on a Tier 4 visa, but encountered difficulties in paying his tuition fees. Following the unresolved dispute, our client remained in the UK beyond his visa in an effort to resolve the issue. During this time, our client married his partner, but was not sure whether he should make an application from the UK or India. Unable to resolve the issue, our client opted to return to India and submit an application for a Spouse visa from India. This was then refused.
Our expert team reviewed the decision and the documents submitted in support of the application. We advised our client that the ECO had unlawfully refused his application as the refusal was discretionary and it was unclear that our client had deliberately frustrated his removal from the UK. We advised that there were strong merits to his application.
We prepared detailed grounds of appeal as part of the appeal to the Tribunal. Given our belief that the appeal had strong merits, we advised our client that we should write to the Home Office requesting for them to review the decision in light of the unlawful decision. The benefit of such a review would be to avoid taking the matter to the Tribunal for a hearing which would, in the long run, save our client both time and money. Our client agreed and instructed us to request the review.
We prepared detailed legal representations which included comprehensive details about our client’s dispute with his university, along with a chronology of events. We provided evidence of this to the Home Office and invited them to review the decision in light of the fact that they had already accepted the requirements for the Spouse visa.
After a wait of approximately two weeks, the Home Office responded to our request for a review advising that they would be withdrawing their initial decision to refuse the application and that they no longer wished to pursue the matter to the Tribunal.
Once the appeal was withdrawn, the Home Office changed their decision and granted our client his visa to enter the UK.