Tag: Immigration Tribunal

The royal engagement indicates how difficult it is for British citizen to get married with the foreigner

Many of British citizens, who want or ever wanted to wed a foreigner felt some sympathy for Prince Harry and his American fiancée Meghan Markle last year. Since 2012 it has become more difficult for the British to marry foreigners. There are various reasons for that. The first and foremost, an expensive test has caused many obstacles for British willing to connect their lives with the foreigners. Prince Harry was not an exception, he had a long interview with the Home Office. Also, Ms. Markle will not be able to avoid the procedure that most other foreign brides have to go through.

 

We believe that the first step for her is to obtain a fiancée visa, which will unite the couple and let them live together after the wedding. After that, Ms. Markle will be eligible to submit an application for leave to remain. Thereafter, she might be able to apply for a permanent residence after having resided in the UK for 5 years. Of course, this all is possible, if she will successfully pass the British life test. Another difficulty that we should admit, that this is a rather costly procedure and not many people can afford it. Roughly, it would cost nearly GBP 7000 all in.

 

However, not only foreign fiancée has to suit endless requirements for being able to become the wife of a British citizen. British husband/wife will have to pass a minimum income threshold. According to the new rules, a British national who wants to connect life with the foreign partner must have an income of approximately GBP 18,6000 a year. Saying from the start, 40 % of British citizens would not be able to pass this threshold, as their income is much less. The most interesting fact is that Prince Harry may also fail to succeed in this test, as since leaving the army in 2015 he has not done much work, but charity. Even so, they were able to get married due to having over GBP 62,000 of savings – this is what saved the legal part of their marriage.

 

Let us provide some statistics – in 2010 almost 41 thousand fiancée visas were granted, but 6 years later when the new rules came in, only 29 thousand of the lucky got a visa. This is a significant difference when more than a quarter of applicants were rejected. Rules on getting fiancée visa are getting tightened, which leave no other choice for British nationals but to give up their dreams to wed a special citizen of nowhere.

Two refusals yet not a final decision: Successful appeal on the basis of Article 8 of the ECHR

Sterling & Law Associates LLP were successful in the appeal at the First Tier Tribunal challenging a refusal of a clients application for a leave to remain.

The appellant, a citizen of Uzbekistan, entered the United Kingdom as a student in 2006 and she was granted further leave to remain in that capacity until 2013 when she was unable to demonstrate that she met English language requirements. The reason for this was that Home Office believed that the appellant used deception to pass her English language test.

She appealed against that decision and it resulted to be a further refusal with no right of appeal. She applied for permission to remain in the UK on the grounds of her family life with her husband, the UK citizen. She had been in the UK for 10 years, working, living a family life and also doing charitable work in her area together with her husband. Upon consideration of the appeal lodged by Sterling & Law Associates LLP on behalf of the client, the Judge held that despite the fact that she used deception in her previous application for a student visa, it would be unreasonable and unjust for the appellant to be forced to come back to Uzbekistan. It would be wrong to intervene the family life of this couple.

Therefore, the appeal was allowed on the grounds of Article 8 of the European Convention on Human Rights.

Successful appeal on the basis of Article 8 of the ECHR

Sterling & Law Associates LLP were successful in the appeal process at the First-tier Tribunal challenging a refusal of a client’s application for a Tier 2 (General) visa and of his dependants.

A victim of fraud by his previous legal representative, the appellant inadvertently submitted fraudulent documents to the Home Office with his Tier 2 (General) application. As soon as he realised the documents were false, he sought our advice and assistance. We immediately acted to inform the Home Office of the situation and made further representations on behalf of our client based on his family and private life in the UK.

The Home Office took a year to consider the outstanding application, but eventually refused the application due to the submission of the false documents.

Upon consideration of the appeal lodged by Sterling & Law Associates LLP on behalf of the client, the judge found that there was no public interest in removal of the person but, to the contrary, he was a witness in the criminal proceedings against his previous legal representative initiated by the OISC.

Therefore, the appeal was allowed on the grounds of Article 8 of the European Convention on Human Rights.