This appeal relates to an application lodged by ICS Legal on behalf of the appellant under the spouse visa, Appendix FM and right to family life Article 8 ECHR, which was then wrongly refused by the Home Office and the First Tier Tribunal agreed with ICS Legal in allowing the immigration appeal.
Full facts of the case and what we did is enclosed. Please note due to data protection, the appellant's name or any relevant details are not enclosed.
Summary case facts
The appellant and her husband relocated from Singapore. However at the Border Control, they was advised to make a spouse visa application to remain on the spouse visa route, namely Appendix FM. Their initial application prior instructing ICS Legal was wrong.
They had chosen the wrong visa form, which meant that the first application could not be appealed and ICS Legal advised on a new application with the correct form & evidences to support the spouse visa application.
The application was lodged with the guidance of the Home Office and the Judge made the following statement:
"The first immigration advice they received was from the border officer at Heathrow airport who provided a six month visa and told them they could apply for a further visa online before the end of the six months. This was what they then did. They did not seek further legal advice and they simply looked at the Home Office website and then applied online. In such circumstances it is perhaps unsurprising that they applied for the wrong type of visa which is the main contention of the respondent now."
Appeal hearing at 2nd Aug 2022 at Columbus House, Newport
Home Office was represented by Counsel, it went before Judge of the First Tier Tribunal Lester. The appeal looked at whether the appellant met the requirements of the spouse visa and the refusal letter contained a number of legal errors.
ICS Legal presented the matter, with the protection of paragraph 39E of the Immigration Rules. Counsel for the Home Office could not argue on the point that the appellant had entered the UK as a visitor, but claimed she had overstayed her visa.
In doing so, Home Office had placed themselves in a position, where the appellant was able to switch through paragraph 39E of the Immigration Rules. The initial application the appellant and sponsor lodged was wrong. It was corrected using the 14 days rules which the Home Office accepted but failed to observe the appellant's immigration status. Nonetheless, the Counsel for the Home Office made no submissions.
A detailed chronlogy of events was presented, demonstrated that they had met all the prescribed immigration rules, namely the spouse visa under Appendix FM. Our submissions demonstrated that the Home Office erred in their decision making and the Judge allowed the appeal.
Immigration Deportation Order, First Tier Tribunal determination dated 14th January 2013
Appendix FM, family life as a Parent, First Tier Tribunal determination dated 5th Nov 2012
Adult Dependant Relative, Appendix FM Immigration Rules, First Tier Tribunal determination dated 11th Oct 2019
Adult Dependant Relative on Human Rights Grounds, First Tier Tribunal determination dated 11th Sep 2019
Private Life on Human Rights Grounds, First Tier Tribunal determination dated 20th Aug 2019
Appendix FM, family life as a Partner, First Tier Tribunal determination dated 22nd July 2019
Appendix FM, family life as a Partner, Appeal withdrawn prior First Tier appeal hearing 9th May 2019
EEA Family Permit, family life as a Partner, First Tier Tribunal determination dated 15th Dec 2019
EEA Family Permit, Derivative Rights as a Parent, First Tier Tribunal determination dated 31st January 2020
Indefinite Leave to Remain Appendix FM | Continuous Residence
UK Ancestry Visa | Continuous Residence | Break of Residency
Family Visit Visa Refusal | Family Life with British Citizen | Genuine Visitor | False Representation
An appeal related to a human rights application, refused on the grounds that the appellant did not meet the exceptional circumstances and then challenged whereby the appeal was then allowed.
An application as a carer in line with a person's private life & exceptional circumstances.
Adult Dependant Relative - ADR Immigration Appeal is a successful challenge on the decision made by the Home Office. The First Tier Tribunal allowed the appeal.
EU Settlement Scheme - Pre-Settled Status Immigration Appeal where the Home Office was wrong to refuse the application and appeal allowed by First Tier Tribunal Judge
In-country Adult Dependant Relative & Human Rights Claim decision was made by Mr T J Cary Judge of the FtT where the matter went at Taylor House Immigration Tribunal.
Spouse Visa Appeal & Human Rights, where the sponsor could not meet the financial requirements but in the appeal matter, the Judge accepted that the decision should be in favour of the appellant.
EU Settlement Scheme Appeal - EUSS refusal as a spouse of an EEA Citizen, which also considers the specified date of marriage and relationship.
EU Settlement Scheme, Unmarried Partner & Covid where the matter went before the First Tier Tribunal.
Adult Children, Article 8 ECHR [Family & Private Life], an appeal went before the First Tier Tribunal. The appeal was allowed under human rights grounds.
Spouse Visa Appeal, Appendix FM & Article 8 ECHR where the matter related to immigration status, covid and also right to family life.