Client Success: Overcoming Immigration History Challenges for a UK Spouse Visa
At Richmond Chambers, we are experienced in navigating the complexities of UK immigration law, including cases involving prior breaches of immigration conditions. Recently, Lucy Katko, Immigration Barrister at Richmond Chambers, assisted one of our clients to successfully obtain a spouse visa despite a challenging immigration history, allowing her to reunite with her British husband and begin a new chapter in the UK.
The Case
Our client, the Applicant, had previously been in the UK as a Visitor but inadvertently breached the conditions of her permission in several ways, including entering the UK with the intent to marry. She now sought to return to the UK on a spouse visa as the spouse of a British citizen, but her previous actions raised potential concerns under the suitability requirements of the Immigration Rules.
The Applicant was keen to avoid prolonged separation from her husband and had a lucrative job offer awaiting her in the UK. To minimise delay and the risk of an appeals process, we needed to address these suitability concerns comprehensively at the application stage.
Key Challenges in Securing a Spouse Visa
- Suitability Requirements: The previous breach of Visitor visa conditions raised potential issues under the Immigration Rules, which could result in the refusal of the spouse visa application.
- Avoiding Delay: The Applicant was eager to return to the UK promptly to begin her new job and reunite with her husband, making a quick and positive outcome essential.
Our Approach to a Successful Spouse Visa Application
We developed a meticulous strategy to mitigate the potential impact of the Applicant’s immigration history:
- Detailed Witness Statements: We worked closely with our client to prepare clear and compelling witness statements explaining the circumstances of the breach. This included highlighting her lack of awareness that entering as a Visitor with the intent to marry was prohibited.
- Evidence of Good Character: We presented extensive evidence demonstrating the Applicant’s otherwise good character, including her professional achievements, strong personal ties to her husband, and her commitment to abiding by future immigration conditions.
- Focused Advocacy: Our submissions emphasised the Applicant’s genuine intentions, her valuable contributions to the UK, and her family life with her British spouse, all of which weighed in favour of granting the spouse visa.
The Outcome: Spouse Visa Granted
The application for the spouse visa was granted quickly, without the need for an appeal. The Applicant is now happily reunited with her husband in the UK and has started her new job.
Reflections
Reflecting on the success, Lucy Katko, the Immigration Barrister who represented the applicant noted:
“This case highlights the importance of addressing prior negative immigration history comprehensively and persuasively. Where such issues arise, it is crucial to present a clear narrative supported by evidence to demonstrate why the applicant should still meet the suitability requirements.”
Client Feedback
The client expressed heartfelt gratitude for the support she received:
“We prayed and prayed and it went so smoothly. We cannot thank you enough. Throughout you have been reassuring and calming our worries. Choosing to go with your expertise was the best decision we ever made.”
Contact Our Immigration Barristers
At Richmond Chambers, we are committed to providing reassurance, expertise, and tailored solutions, even in the most challenging circumstances. This case is a testament to the difference that careful preparation and dedicated advocacy can make in achieving life-changing results for our clients.
For expert advice in relation to your spouse visa application, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.