Student Visa | Spouse Visa
Sharan Rupra was instructed to represent a Pakistani National who was a student and whose studies had been extended as the result of the closure of two colleges with which he had enrolled during the course of his education.
During the period of his studies he married a British National and in view of this change in his circumstances he submitted an ‘IN TIME’ application to the Home Office on 8th September 2014 seeking further leave to remain in the UK as a spouse.
His application was refused on 22nd September 2014 and he appealed against this decision.
Immigration Appeal | Immigration Solicitors
The appeal was heard before the Immigration Tribunal in Birmingham on 15th December 2014 when it was submitted on behalf of the applicant that the refusal decision was inchoate in relation to the financial considerations set out in the rules.
As the result of such submission, the matter was remitted to the Home Office as there was an obvious error of law.
Solicitors Dealing With Home Office Cases
The Home Office reconsidered the case on 19th January 2016 but continued to refuse our client a spouse visa alleging he had engaged a proxy to take the English Language Test.
Accordingly, a further appeal was lodged against this latest decision of the Home Office.
Immigration & Asylum Tribunal | Immigration Appeal Solicitors
Sharan Rupra took the client’s instructions and fully prepared his Appeal hearing which took place on 31st August 2016.
The work undertaken included:
- Drafting all witness statements
- Collating the evidence
- Dealing with the issues that had been raised by the Judge in the previous decision remitting the application back to the Home Office
- Preparing detailed court bundles
- Examining Appendix FM of the Immigration Rules governing applications for leave to enter or remain as a spouse,
- Dealing with the accusation made by the Home Office that our client had not sat the English Language test himself.
Sharan Rupra informed the Home Office that we were going to represent our client at the hearing on 8th August 2016 and requested service of the bundle of documents, which was never received.
In the circumstances, Sharan Rupra prepared the evidence on behalf of our client from documents he had in his possession.
The Appeal Hearing | Visa Application Solicitors
On the date of hearing the Home Office made an application for an adjournment on the basis that it was not ready to proceed with the case.
Sharan Rupra opposed this application on the following grounds:
- The Home Office had failed to serve its bundle of documents.
- Any adjournment would penalise our client with the incurrence of further costs.
- Our client, his wife and child had been requested to attend the court for the hearing and they were present in the court building.
- Any request for an adjournment should have been made before date of hearing. Our client had had the continuing uncertainty of his status for a long period and it was unreasonable to adjourn any further.
- The Home Office had not dealt with the requirements of the previous Judge’s decision.
- The Home Office had been notified that our client is the father of a child born in the UK and it had failed to address the issues arising from such birth.
- The Home Office had also failed to consider our client’s Human Rights position in the UK.
The Judge agreed with these submissions, refused the Home Office application for an adjournment and proceeded with the hearing, thereby allowing Sharan Rupra to present our client’s application.
After hearing Sharan Rupra’s presentation, the Judge reserved her Judgement to a later date.
The Successful Outcome | Spouse Visa Solicitors
That Judgement has been received and the Appeal has been allowed.
Our client commented:
‘I’m so grateful that I had a good firm of solicitors preparing my case and representing me in court. The credit goes to Kangs Solicitors. Hopefully I can now get my life back on track’.
How Can We Help You With Immigration Law Problems? | Kangs Immigration Team
The Home Office frequently reaches incorrect decisions and fails to follow the prescribed procedures and this case is a typical example.
Our experienced Immigration Lawyers will ensure that any failings by the Home Office are brought to the court’s attention and that our client receives a fair hearing.
Please feel free to contact our Immigration Team through one of our specialist lawyers who will be pleased to assist you: