Successful case for a spouse of a UK citizen under Exception Ex.1 (based on Family Life)

By 1st 4Immigration - #1 UK Immigration Experts -
“I can't thank you enough for your hard work on this. I am so ecstatic I don't know what to say. I am actually in tears!!!”. Mrs A, national of Antigua & Barbuda who applied for a visa in the UK under the  Exception EX.1 for spouses of UK citizens applying on the basis of exceptional circumstances. In this case the Financial Requirement (£18,600) was waived as well as the requirement to be in the UK with a valid visa.

In this case our client entered the UK as a visitor (nationals of Antigua & Barbuda do not need a visitor visa), then made an application for an EEA Residence Card. Unfortunately, it was refused because EEA applications for spouses of EEA (non-UK) citizens while our client was married to a British citizen. This application took the whole 9 months (and was refused), so when it happened Mrs A contacted us for a professional advice.
We submitted application for a leave to remain (ie inside the UK) on FLR(O) form in the so called 10-year Parent/Partner route, even though such applications are discretionary (up to the Home Office to decide), the main thing to prove was that the couple had ‘insurmountable circumstances’ preventing from returning to the applicant’s home country and applying for an Entry Clearance from there.

Our client’s 4 children (all British citizens) had spent a whole year in their respective schools in England and were settled in their lives here. It would have been a disruption to their education. Furthermore, the Sponsor (UK spouse) in this case had a job but it was paying below the required Financial Requirement of £18,600.
This application has been successful and took only about 1 month, which is extremely fast for a postal application these days. The Home Office found the circumstances to be ‘insurmountable’ and also waived the Financial Requirement.

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 
If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CDP website: www.1st4immigration.com/training
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 
 
If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CDP website: www.1st4immigration.com/training


Popular posts from this blog

Updated May 2020: UK visa work continues - latest update

By -
UK immigration authorities continue to process visa applications, albeit not as fast as they normally would. The visa centres are beginning to gradually re-opening from 1 June 2020 in the UK and abroad. Regardless of when your particular centre re-opens, it is still possible to submit your application online. If your visa expires soon, you can apply for your next visa "on-time", i.e. before your current visa expires, by making such an application online and then waiting for the further steps. This keeps you within the Rules and does not make you an overstayer.  Even better, the actual documents (supporting evidence) can be submitted later, thus giving you even more time to prepare while remaining within the Rule on visa expiry dates. We usually have 45 days to provide the documents (ie upload them online to the Government portal) after the online "submission" mentioned above. This is extended for as long as it will take to clear up the backlog.  If you...
Read more

🇬🇧 Spouse vs Fiancée visa: pros and cons

By -
Image
    How are they different? What are advantages of each of them? Our helpful table below gives you the visa options for partners of UK citizens. Spouse visa (including civil partners) Fiancée visa Marital status Have to be married (or get married) and apply for a UK visa as a Spouse. Can come to the UK, get married within 6 months and then apply for a Spouse visa. Where to apply? Can apply outside the UK, in a country where a foreign spouse lives or works (but not visiting). Can switch inside the UK from most categories. Only outside the UK This includes a situation where the current UK visa allows switching to a Spouse visa but the couple has to take the Fiancée route (such as if they need time to meet the Financial Requirement). Duration of the visa 2.5 years, then extension for another 2.5 years, then permanent residency after 5 years. 6 months, then Spouse visa for 2.5 years, then extension for another 2.5 years, then permanent residency after 5 years on Spouse visas only ...
Read more

UK Visas and Immigration plans to go paperless in 2018. If it works, family visas – for spouses, partners, children etc – will be submitted online instead of the current paper forms and supporting documents.

By 1st 4Immigration - #1 UK Immigration Experts -
Image
How do we know? We, 1 st 4Immigration Ltd,   were chosen by the UKVI to take part in a survey to provide a feedback on the upcoming system. We are very honoured! As can be seen on the Home Office letter (pictured), we were selected as one of only approximately 50 firms in the whole country, following the request of the Home Office to the OISC. We had a visit from 2 Home Office officials in November 2017. What a great day and what a productive visit! The officials informed us they had been trying hard to promote the online application process for in-country applications, such as FLR(M) for spouses and partners of UK citizens. The online applications have existed for entry clearance (when applying outside the UK) for many years now. Yet the in-country online application process has so far been relatively unknown and unused. It can be found here: https://visas-immigration.service.gov.uk/product/family-routes At the moment most FLR(M) and FLR(FP) applications ar...
Read more