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Our success with an Immigration Appeal case

Client came to us with wife and refusal letter of a spouse visa with a right of appeal. Following a same day service application for a spouse visa (after a Tier 4 visa), the Home Office reserved the decision and invited them in for interview. As the recorded notes from the interview showed, there were many inconsistencies. The couple claim this was owing to illness of the British spouse, of which was expressed to the Home Office but they nevertheless proceeded to give a negative decision.

They instruct us to appeal and if required (for a separate fee) attend the tribunal.

Pro's of the case:

  1. Can bring witnesses to confirm the relationship.
  2. British sponsor was ill prior to interview and had leave from work in proving this for two weeks. Grounds to argue that the interview should not have gone ahead
  3. When together and not under pressure, they appear to be able to speak clearly about each other although, to start with were nervous.
  4. Expecting a child, willing to do a DNA test (depending on the fee).
  5. All other requirements seem to be accepted.

Cons of the case:

  • When nervous, the couple are both unclear and say things incorrectly.
  • There are very many inconsistencies in the interview which a judge will need to determine.
  • She is registered with a GP where she used to live as she prefers this GP, although lives with her husband at another address.
  • She uses her maiden name

We advised on the entire appeal process and it out client came out on top; and their interests were well protected

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