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Immigration Application Based On Private Family Life

Our client thought that he had ILR and didnt realise he had overstayed his visa. We relied on Article 8 of the Human Right Convention and Chikwamba ruling.

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Our client thought that he had ILR and didn't t realise he had overstayed his visa until his employer received a letter from UKVI asking if he was still employed by them. The client wanted to make an out-of-time FLR(M) application on the basis of he cannot return to his home country to apply as he is the main breadwinner and primary carer of their child, who is British. His wife works for a UK airline and travels away from home frequently, she receives a salary of £12K p/a (plus commission). He earns more than £18,600, but his employment has now been suspended/terminated.

How We Helped

Our immigration solicitors relied on Article 8 of the Human Rights Convention and the Chikwamba ruling. The case, known in the legal industry as the MM, ruled that the Home Office must uphold the minimum income of £18,600 but must also consider the impact on children in the application.

We submitted an out-of-time FLR(M) application on behalf of the client. The application was made from within the UK and is reliant on the fact that the client had a private family life in the UK based on ruling in the case of Chikwamba (FC) (Appellant) v Secretary of State for the Home Department Read more in which the judge ruled in favour of the applicant.

Some of the documents we relied on included: -

Some of the document we needed from the Settled spouse

  • Passport photographs.
  • International passport
  • Evidence of Joanna's financial status
  • Letter from employer confirming employment
  • Letter giving a brief description of relationship to date

Some of the documents we needed from the Applicant

  • Passport photograph
  • International passport and current visa;
  • Evidence of financial status
  • Letter from employer confirming employment,
  • English language test pass notification
  • Letter giving a brief description of your relationship to date.

Joint documentation

  • Original marriage certificate;
  • Evidence of accommodation in the UK- e.g. tenancy agreement/mortgage statement or title deeds as applicable;
  • Selection of utility bills addressed to the couple jointly and separately at your current residential address in the UK. Please confirm if you are currently living together in the UK;
  • Evidence of joint assets or joint documentation (e.g. joint invitation, insurance, council tax, and any utility bills and bank accounts); and
  • Between 10 / 20 photos of you as a couple and wedding invitation.

Additional documentation:

  • The original British passport of your child;
  • The original unabridged birth certificate for your child;
  • Your life in the UK test certificate;

Contact our immigration solicitors to discuss the full list of documents, especially as it applies to your case. It is important to note that we draft a list of documents based on the facts and circumstances for each particular case. We made an application to the Home Office, and it was approved. Call us today on 02037442797 or email us at info@reissedwards.com.

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O.L

Andy Tieu is absolutely amazing.

As a lawyer myself I can categorically say that he knows his stuff, gentle, responsive, cares about you and not just about the money, very professional.
I mean I can go on and on!

Andy and the entire team at Reiss Edwards are amazing!

Thanks again Andy.

Kiran Sardar


I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case.

The way they dealt with my case during COVID19 Situation is highly appreciable. I would definitely recommend Joe D. and Anna F. Anna is an amazing lady, her patience is beyond my words.

Her hard work and professionalism have no boundaries. She is the right person for all type of cases.

Thanks to Anna and Joe for all your support and guidance which helped me fulfill my dream.

I would say Reiss Edwards is lucky to have Joe D. and Anna F. Great job Reiss Edwards.

thanks once again. Anna you’re a Gem and a Star.

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was outstanding. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. Her expert advice guided us successfully through some difficult times as a result of COVID-19. Some of the best service I have received for any service ever! Often replying to emails late at night, offering to send additional correspondence to the home office and going above and beyond in handling our case! Well done and thank you Reiss Edwards and thank you Anna!!".

Isaac .T

"Professional service. I was very impressed with the fact that my ILR application was successful 6 weeks after the submission amidst the COVID-19 pandemic. I also think the portfolio put together by the team at Reiss Edwards has played a big part in the quick turnaround of my application".

Reiss Edwards Reviews

O.L

"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...

Read More

Kiran Sardar

"I found Joe very helpful and tremendous patience which is a must in this profes...

Read More

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

Read More

Isaac .T

"Professional service. I was very impressed with the fact that my ILR applicatio...

Read More
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