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on October 31, 2022
The client sought our assistance after their initial spouse visa application was refused due to insufficient documentation. The client was considering appealing against the decision but was undecided.
The client was an Australian national who met her partner while she was working in the UK. Prior to the pandemic, the applicant and her partner married each other in the UK and initially looked to apply from within the UK. However, her mother fell ill in Australia and the couple decided to apply from outside the UK. That application was unfortunately refused.
The immigration team at Cranbrook Legal reviewed the refusal reasons and identified areas for improvement. With respect to the appeal, we advised that an appeal was unlikely to be successful as the client had not provided evidence considered to be “mandatory”. This would leave little room for the immigration judge to exercise discretion and would ultimately lead to a refusal of the appeal.
We advised that it would be better for the client to gather the correct documents and resubmit the application, which we were confident would enable the client to secure the visa. We provided the client with a complete documents list, with emphasis on the documents that should have been provided the first time.
We worked closely with the couple to gather additional evidence, including a detailed cover letter addressing the previous issues, and resubmitted the application. The caseworker at the Home Office returned with some enquiries, to which we were able to respond diligently as our casework team had worked side by side with the applicant during the application process.
After a period of nine weeks, the Home Office notified us that the applicant had been successful with her application and was free to collect her passport from the visa application centre.
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