ANOTHER VICTORY FOR OUR CLIENT IN AN ALLEGED ‘MARRIAGE OF CONVENIENCE’ CASE

Excellent news! After seven years of fighting with the Home Office, our client obtained Permanent Residence.

 

Our client, a national of Belarus, has been residing in the UK for more than five years as the family member of her EEA national husband. They had a genuine family relationship before their separation. Our client even became a stepmother to her husband’s younger children, collecting the youngest from school regularly and taking her to the dentist.

Having overstayed her visa for agricultural work many years before, upon entering into a relationship with her husband, she applied numerous times for a residence card and later for a permanent residence to obtain legal immigration status in the UK. However, the Home Office refused all her applications stating that our client’s marriage is a marriage of convenience.

The Home Office relied on an attempted home visit and neighbours’ interview when the appellant and her husband were not in. However, disclosure of records from that visit resulted in the ‘unsigned, undated typed note’ confirming that no proper interview (that can be used as an evidence of marriage of convenience) actually occurred.

 

Our client’s first appeal, lodged six years ago, was dismissed because the judge found that she was in a marriage of convenience. Nonetheless, she refused to give up and continued fighting for her right to live in the UK.

By the time of the latest appeal regarding our client’s permanent residence application, our client’s relationship with her husband had ended and she was undergoing divorce proceedings. However, the Judge was satisfied that the marriage had been genuine all along and our client’s marriage had endured for over five years, thereby resulting in our client acquiring permanent residence.

 

Sadovska and Another v SSHD [2017] UKSC 54:

If the appellant was not party to a marriage of convenience, she acquires permanent residence pursuant to paragraph 15(1)(b) of the 2016 Regulations.

 

Thus, the Judge allowed the appeal noting that:

          Although the marriage undoubtedly provides our client with an immigration advantage, this does not result in its characterisation as a marriage of convenience.

 

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