Spouse Visa Refusal Successfully Challenged

Oksana Demyanchuk, Immigration lawyer (OISC Level 3) successfully represented the client in a difficult case and helped to challenge the Home Office’s refusal of the UK entry clearance – spouse visa application.

The basis of the spouse visa refusal was that the appellant has previously entered the UK on false documents and that she had used deception in a previous application by failing to declare that she was previously refused entry clearance.Therefore, deception was alleged by the Home Office and her application refused under both Appendix FM and paragraph 320(11) of the Immigration Rules.

After hearing the evidence from the sponsor of the applicant and upon reviewing evidence put forward by Sterling & Law Associates LLP, the Judge allowed the appeal on the grounds of Article 8 of the European Convention on Human Rights.

Private & Family Life

Article 8 of the European Convention on Human Rights provides a right to respect to individual’s private and family life. It was held that if our client’s husband relocates to Ukraine he would potentially be subject to military service. Our client was subsequently granted an entry clearance visa, as it was held that her husband cannot be reasonably expected to relocate to Ukraine to live with his family.

The judge had also taken into account the fact that the appellant had previously voluntary returned to  Ukraine and her intention to set matters right by making the proper entry clearance application from abroad.

The appeal was allowed on Article 8 of the ECHR grounds.