UK Immigration Law Customer Cases

UK Immigration Customer Cases

Immigration law is extremely complex, and is constantly changing at SmartMove2UK, we know the immigration process can appear complex and confusing. With combined experience of almost a decade, between our Principal Directors, our firm provides clients with the confidence that their cases will be handled by an expert who understands their needs and how to obtain their goals.

We know there are endless questions about immigration and sometimes it is quite tough to find all of the answers alone. You may also come across several legal nuances while moving your base to the UK, whether it be permanent or temporary. Our featured cases are presented to highlight the different variations, it is recommended to be prepared to deal with these issues as immigration laws in the UK can be complex and thus, there arises a need for professional assistance.

Although the majority of our clients are in India, we have successfully represented people from all over the world, so please don’t hesitate to call us – we look forward to helping you.

In this section we feature some key cases that we have handled. Names are withheld to protect client identities.

Caselets

SmartMove UK Immigration practice

We all love happy endings but often times to get to these, people have to endure a long journey of trials. In our immigration practice we are proud to have been and continue to be a part of numerous clients’ happy endings.

Client with UK Spouse Visa Refusals

We had a client; a 49 year old, living with her 16 year old daughter, came into our office with UK visa refusals, notices in hand. She and her daughter had recently been refused UK Spouse and Appendix FM child visas respectively, for the second time.

We could sense that she was really anxious and utterly disheartened at the refusal. As we continued to talk to her, we came to understand the long arduous journey of her life. She explained to us that she had been married to her sponsor (a British national) for 4 years but has known him for over 7 years. She, as well as her sponsor, had been previously married but the marriages had not worked out and ended up in divorce. She described her previous marriage as abusive and traumatic. She had given up hope on finding a life partner and was ready to live the rest of her life focused on the upbringing of her daughter.

Read More…

Read – Option for UK Spouse visa holders who are victims of domestic abuse, violence or abandonment

Life had other plans though; she met the sponsor through family acquaintances on his (the sponsor’s) visit to her father’s house in 2012. She was cautious of him at first but after she observed how warm and friendly his behaviour towards her family was, she warmed up to him. They became friends first, exchanged life stories and eventually fell in love. Given their complicated histories (the client and the sponsor both had children from their previous marriages, the sponsor a son and the client a daughter) it took them quite a while to decide the future course of their relationship. Life had given them another chance at happiness and they finally took the leap and got married in 2015.

In 2016, the client and her daughter decided to apply for the appropriate visas to join the sponsor in the UK. Unfortunately, their applications were refused. This made her feel like her troubles have not left her life as yet but she described how supportive her husband had been during this time. They gathered the missing documents (which took almost 3 years) and applied again in 2019 but to their dismay, the second round of applications had also been refused as the client had not provided evidence of meeting the English language requirement and her relationship with the sponsor.

Read – What is the English Language requirement to get UK unmarried partner visa?

Client Successful UK Visa Application 2020

This time, we had taken on the task of working on their 3rdround of applications and we had left no stone unturned to facilitate the grant of their visas. Life had given them another chance at happiness and we were determined to not let it slip from them. We provided the client and the sponsor with a complete list of documents required in support of her and her daughter’s visa applications, including documents evidencing their relationship with the sponsor. We explained to them each of the requirements to be met under Appendix FM (family visas) of the immigration Rules and the right set of documents which would evidence meeting these requirements.

Client IELTS Test – UK Visa and Immigration

We also explained to her how meeting the English language requirement was a mandatory for persons aged between 18 to 65 years. The client informed us that she has never received formal education in English and had limited knowledge of the language thereof. This was first our challenge, we advised her that the level of English language proficiency required to be evidenced is basic and that she should be able to clear the IELTS test with a couple of months of practice. We also made it a point to help her with her practice by communicating with her in English as often as feasible. The client’s first attempt at the test was extremely stressful to her; she described it as being a horrible experience which she did not wish to undergo again. We did our best to console her and successfully persuaded her to attempt the test once again with further practice as we could see that she was able to understand and respond to us when we conversed with her in English.

The client re-attempted the test and once again described the experience as being overwhelming and nerve-racking. After two failed attempts at clearing the IELTS test the client was in inconsolable despair! She was extremely disappointed in herself, blamed herself for being unable to clear the test and was on the verge of giving up on her will to travel to the UK to be with her husband. The sponsor too was disheartened and was considering the possibility of resigning from his employment and moving to India to be with the client and his step-daughter!

UK Immigration rules 2020

UK Immigration Rules are extremely limiting in terms of allowing exemptions for the English language requirement. There have been numerous cases of refusals based on applicant’s inability to meet the said requirement. Numerous immigration lawyers and the ILPA (Immigration Law Practitioners Association) have raised valid objections to the said requirement but failed to convince the Home Office or the UK courts of its unnecessary inflexibility; it seemed like we had hit a roadblock.

At this stage, it had already been over 7 months since the client approached us with her case. We understood that this should not be the reason for the family to take such life altering decisions and grew more determined to address their issue.We began looking into the exemptions for meeting the English language requirement.

Read – UK Marriage Visa Consultant on English language Requirement

We recollected the client’s description of her feelings during the testing process and explored whether there could be a medical reason behind her inability to clear the test. We recommended the client to a psychiatrist for an evaluation, to determine whether there were underlying mental health conditions at play which could possibly explain her difficulty to successfully attempt the test. Sure enough, the psychiatrist diagnosed her with a condition which interfered with her ability to undertake the English test. With this information, we decided to claim for an exemption to meeting the English language requirement under Appendix FM, in her application. The challenge now, was that there was no mention of this mental condition in her previous applications to the Home Office under the said categories of visas. However, we decided to go forward with claiming the exemption and submitted their applications (9 months after her initial consultation with us), supported by medical evidence relating to her condition and a carefully prepared representation letter; ensuring that it details all the particulars of the case and explaining how the applicants meet all other requirements of Appendix FM and how the client stands to be exempted from meeting the English language requirement.

The client and her daughter received a decision on their applications, 7 months after filing them (owing to processing delays caused by the Covid-19 pandemic). They have been granted the visas, the family was elated! It was such a rewarding and memorable moment; we had done it again; the SmartMove2UK is a part of another family’s happy ending! Our journey with this client and her daughter’s applications lasted over 1.4 years and was an absolute roller coaster ride, the amount of hard work, determination, patience and trust which went into their applications was absolutely worth it.

Check – Your UK Spouse Visa requirements 2020 today!

Should you need help with understanding the requirements of the UK Spouse and Child of a settled person visas or require assistance with the entire application process, fill out your details in the form below. One of our expert Immigration advisors will get in touch with you at the earliest. Alternatively, you may give us a call!

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Being an entrepreneur or a business man starting a new venture is a busy time and the focus then is to build a clientele and get more business.More often than not businesses are started with borrowed capital. In such a situation proving your credentials to establish ‘genuiness’ can often be a challenge.
One of our clients had quit his job six months back to start his business and to fund his business he had also taken a personal loan. He needed to visit a client for business development perspective and was hesitant because he did not have any financial documents.
Our Solicitors worked with him to collate evidences of his financial situation and obtaining evidences from his business partners affirming his credibility.
If you have started your own business and do not have any savings but have to travel for business purposes, then you can call us on +91 22 2850 9883 or +91 98191 27002 or email: info@smartmove2uk.com

In India if you are working in the creative industry or as a freelance contractor then chances are that you are more often than not being paid in cash. So when you apply for UK visa you are required to demonstrate that you have a regular source of income and that you have strong financial ties to return to your home country.
Our Solicitors routinely advise young professionals to deposit funds in their account to prove their genuiness as working professionals. In addition it is always a good idea to obtain certifications or licenses related to your profession.
If you have started you are working in the creative industry and being paid in cash on a irregular basis then you can speak to our experts for advise, you can call us on +91 98191 27002 or +91 22 2850 9857 or email info@smartmove2uk.com

The judicial system in India can be bit burdensome if for some unavoidable reasons you have been charged with an offence. At times you may have been charged with an offence that may be under investigation by the Police but no case is filed. In such a scenario it may be difficult to apply for a UK visa as the entry clearance application forms require you to declare all cases even where there is no conviction and just charges are being framed.
This is often a challenging area and rather than assume that you may not be allowed to file an application it would be worth to get a qualified opinion on the same, because the UK Immigration rules do provide that certain acts that may be classed at offence in your home country may not be an offence in the UK. In such a situation the British Deputy High Commission can take the same in to account and grant the visa.
If you have been charged with an offence in India or have an conviction speak to our experienced experts to get objective advise on the merits of your case. You can call us on +91 22 2850 9883 or +91 98191 27002 or email: info@smartmove2uk.com

It is often seen that when the applicant has been granted a 6 month visit visa, they construe it as permission to stay in the UK for a continuous period of 6 months. However if this has not been their stated intention at the time of applying for the visa then the same can present a challenge when applying for a fresh visit visa.
UK Visit visas are intended to enable the applicants to visit the UK on a regular basis within the 6 month period, even if the visit visa is approved for a higher duration i.e. 1 year, 2 year, 5 year or 10 year visit visa in such cases the applicants total stay cannot exceed 6 month in a 12 calendar month period.
One of our clients had entered the UK to appear for his examinations, since it was a multi part exam the student stayed back in the UK, in addition when he returned to India he applied for a fresh visit visa and it was granted to enable him to take his exams. However on the second occasion too the student stayed in country for almost 5 months. Predictably the next visit visa application was refused as the applicant’s intention were not clear to the Entry Clearance Officer.
It can be frustrating for genuine students who had stayed back in the UK to focus on their studies and were not violating any other conditions of the stay (e.g.by working or being self employed).
If you have been refused visa to enter the UK or would like to consider applying for visit visa and have stayed for longer duration (but within the period of leave granted) then speak to our experienced experts to get objective advise on the merits of your case. You can call us on +91 98191 27002 or +91 22 2850 9857 or email info@smartmove2uk.com

Rule 320 7B is applied in cases where the Entry Clearance Officer feels that deception has been used to obtain UK visa. Whilst deception is not the only ground it is a key ground for refusal.

One of our clients had applied to study in the UK, as part of his application he has submitted two primary degrees. His application was refused on the grounds that one of the degrees was false and the ECO felt that deception had been attempted. The applicant was refused under rule 320 7B for a period of 10 years. A feature of 320 7B is that all future applications will also fall for refusal in most cases.

However, our Solicitors reviewed the client’s case and felt that that the client had some merits as he was unaware that one of the degree was false. Our Solicitors questioned the client in detail and worked with him to file a Judicial Review petition with the relevant authorities. The reviewing officer agreed with our assessment and overturned the country ban on our client, subject to the applicant appearing for an interview.

In addition our Solicitors also worked with the client to help him present his case in a better light to the British Deputy High Commission when he was called for an interview. So if you feel that you have been wrongly refused and have been awarded a country ban, speak to our Solicitors to get an assessment of the merits of your case. You can call us on +91 22 2850 9883 or +91 98191 27002 or email: info@smartmove2uk.com

With the increasing focus on money laundering and frauds, there is a greater emphasis from Entry Clearance Officers to view unaccounted money sources with suspicion.

One of our clients had been refused her visitor visa application as she had unexplained cash deposits in her account. The Entry Clearance Officer reviewing her case had rejected the application on the grounds that the applicant was working in a teaching job in India and the monies in her account were disproportionate.

When she came to us, our Solicitors advised her to file a fresh application, on having discussed the case with the client we were able to ascertain the source of the cash deposits and advise the client to produce the relevant paperwork in support of the same.

The end result was that the client was granted a visa to go visit her husband.

So if you feel that you have been wrongly refused, speak to our Solicitors to get an assessment of the merits of your case. You can call us on +91 22 2850 9883 or +91 98191 27002 or email: info@smartmove2uk.com

The UK Visitor visa categories are intended to serve a particular purpose, the idea is that an applicant enters the country with a specific objective, that is either to study short courses, for business visits , as a academician, for medical visits or just for tourism.

Sometimes applicants state that they would stay in country for a few weeks and on coming to UK realise that there is so much to do that they may stay back longer, whilst this is legal – if unexplained then it would cause suspicion with the Entry Clearance Officer for deciding fresh applications.

One of our clients a senior citizen, widower had a similar experience where her application was refused as the ECO was not sure what she did of her time in the UK. Consulting with our Solicitors, ensured that we were able to highlight the reasons to the ECO in the fresh application and demonstrate that our client had not violated any immigration rules. The client was thus granted a visa to visit the UK again.

So if you feel that you have been wrongly refused, speak to our Solicitors to get an assessment of the merits of your case. You can call us on +91 22 2850 9883 or +91 98191 27002 or email: info@smartmove2uk.com

Applying for permission to visit the UK even for shorter duration requires that the applicant ascertain their eligibility and present all credible documentation. When submitting an application the applicant has to ensure compliance with all immigration rules and also preempt any questions that the ECO would have on reviewing the application.

One of our clients wanted to visit the UK, they were studying in India – but being single, female and of marriageable age seemed to work against them (it was an opinion they had formed when their visitor visa applications had been turned down thrice). When our Solicitors spoke to them, they had completely lost all hope at that stage. However we meticulously reviewed their previous reasons for refusals and worked on preparing a fresh application for them.

It is quite critical in such cases to present affirmative evidence to the Entry Clearance Officer to convince them of the intentions of the applicants to visit the UK for a short duration and that they will return to India at the end of the visit.

Think that your UK Visitor visa has been wrongly refused or you feel that you may not be eligible to apply, you can call us on +91 22 2850 9883 or +91 98191 27002 or email: info@smartmove2uk.com

One of the criteria on being granted a UK Visitor visa is that the applicant has enough money to support and accommodate themselves without working or help from public funds and that they can meet the cost of the return or onward journey.

Most of the self employed people in India who run small businesses rely heavily on cash transactions and are not very familiar with UK Immigration requirements. Consequently when they make an application it gets refused on the above grounds.

In such cases our Solicitors work with the applicants and their Accountants to help validate the proof their businesses and their intention to visit the UK and return to their home country, we have successfully represented several clients who are in such positions.

So if you are self employed or are running a small business and have plenty of cash funds and want to understand how to present your case to the British High Commission, you can call us on +91 22 2850 9883 or +91 98191 27002 or email: info@smartmove2uk.com