uk immigration lawyers

Immigration application based on private family life

Our client thought that he had ILR and didnt t realise he had overstayed his visa until his employer received a letter from UKVI asking if he was still employed by the them. 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 bread winner 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 Right Convention and 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 (https://www.publications.parliament.uk/pa/ld200708/ldjudgmt/jd080625/chikwa-2.htm) in which the judge ruled in favour of the applicant.

Some of the documents we relied on inlcuded: -

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 us to discuss the full list of documents, especially as it applies to your case. It is important to note that we draft 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 send us an email on info@reissedwards.com.

 

 

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