on March 20, 2022
Our client, a Bangladeshi national, was delighted to hear that following years of failed applications through previous solicitors, her application for entry clearance as the spouse of a person holding indefinite leave to remain had been granted.
Our client had applied on three previous occasions through another immigration solicitor for a Spouse visa but had been refused on each of those occasions. Surprisingly, the Home Office seemed to raise a different issue on each occasion. Naturally, this left the client and her spouse frustrated and tired as they were unsure as to what the Home Office required from them.
On two occasions, the Home Office doubted whether our client’s spouse could financially maintain our client if the visa was granted as he could not show that he met the financial requirement demonstrating that he was earning £18,600. On the final occasion, the Home Office was not provided with the mandatory documents which meant that her application was refused automatically.
Our client had consulted with a number of other immigration advisors who advised that the future chances of success were low given the amount of times the application had already been refused. We advised our client that each case is decided on its merits and as long as we could show the Immigration Rules were met at the time of the application, this should lead to a successful outcome.
Our client was unable to provide us full copies of the previous applications so we arranged to have an electronic copy of her file sent to us from the Home Office which detailed her previous applications. After reviewing her case file, we noted that the Home Office was in fact wrong to refuse one of the previous visa applications.
We advised our client of the documents that would be required for the application, not only to support the current application, but also to counter the point raised by the Home Office previously. It was important for us to provide the Home Office with as many documents as possible to support this application as our client would be submitting this application having already been refused three times. If the application was not backed up with key evidence, the Home Office could take the approach of “skimming through” it on the basis of previous points not being addressed.
Our client provided all her documents and together with the file we received from the Home Office, we prepared our client’s application supported by detailed legal representations outlining our client’s circumstances, as well as how the supporting documents showed that she met the Immigration Rules.
Following a wait of just four weeks, our client was contacted by the visa application centre in Sylhet to collect her passport. The client was relieved to find that she had been granted an entry clearance visa as a spouse. The client was extremely thankful for the assistance and advice from Cranbrook Legal. She had lost all hope but together with our detailed approach, we were able to restore hope and successfully apply for her visa.
Unsuccessful applications do not necessarily mean that your future application will be refused. If you have had a previous application refused by the Home Office, contact us today so that we can discuss how we can prepare a successful future application.