Sharan Rupra of Kangs Solicitors discusses a recent case involving the representation of a Commonwealth citizen who arrived in the UK on the 8th August 2013.
She enjoyed the benefit of a spouse visa which was valid for the period 5th July 2013 to 15th April 2016 and she wished to extend her leave upon the basis that she is now the spouse of a British National.
The couple married on 3rd September 2015 and they have one child who is a British Citizen.
Financial Requirement | Private & Family Life Provision
The client was advised that the couple would not satisfy the ‘Financial Requirement’ under Appendix FM of the Immigration Rules and their application would be refused.
However, as they had been living together since her arrival in the UK and had a child together they clearly satisfied the Private and Family life requirements.
The appropriate application was prepared and which required:
- consideration of the ‘Best Interest of the Child’,
- reliance on the leading supportive case of ZH (Tanzania),
- consideration of Section 55 of the Borders, Citizenship & Immigration Act 2009 covering ‘duty regarding the welfare of children’,
- consideration of the adverse effect the removal of our client would have on her husband and their son,
- An analysis of our client’s Right to Private Life in the UK.
Successful Result | Immigration Law Specialists
The Application was successful and our client was issued with a Biometric Residence Permit granting her further leave to remain in the UK from 6th October 2016 until 6th April 2019.
Our client’s husband commented:
‘….thank you very much for your hard work. I will definitely be recommending your firm to others’.
How Can We Help? | Kangs Immigration Solicitors
We have a proven track record of successfully advising and guiding clients through the immigration application and appeals process.
Who Can I Contact For Help? | Kangs Solicitors
Please feel free to contact our Immigration Team through the following who will be happy to speak to you and guide you: