Sharan Rupra was instructed to represent a husband (‘our male client’) and his wife (together ‘the couple’) of Iranian nationality in relation to an appeal against the decision of the Entry Clearance Officer (‘ECO’) to refuse them a visit visa to the United Kingdom.
The ECO was not satisfied that the requirements of Paragraph 41 of the Immigration Rules were met as the ECO alleged:
- our male client was not genuinely seeking entry for a short stay;
- the couple did not intend to leave the UK after this period;
- the couple were not able to maintain and accommodate themselves and any dependents adequately out of resources available to them without recourse to public funds or taking employment; or
- the couple will not, with any dependents, be maintained and accommodated adequately by relatives or friends;
- the couple cannot meet the cost of the return or onward journey.
The couple approached Sharan Rupra for help.
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Sharan Rupra took the couple’s instructions and fully prepared their case.
She represented the couple at the Immigration and Asylum Tribunal.
Sharan Rupra argued that the couple had previously visited the United Kingdom for a family visit having obtained a 6 month visit visa. The couple visited family in the United Kingdom and returned to Iran without breaching any immigration conditions imposed.
Our male client was a well established employee of a multi-national company in Iran employed as a Managing Director earning a good salary.
All evidence in relation to his employment was submitted with his appeal application.
Our male client’s circumstances had not changed since his last visit to the United Kingdom but the ECO chose not to verify the credentials of his employment (as they should have done if they had any doubts in this regard).
Instead the ECO proceeded to refuse the application.
The ECO maintained that because there was a doubt regarding his employment it followed that the male client did not have the required funds to finance the proposed visit to the United Kingdom.
Sharan Rupra set about collating evidence to clearly show that the male client was employed as claimed and he had sufficient funds available for the visit to the United Kingdom.
She also argued that the couple had travelled out of their home country to Dubai on two occasions, and also to Germany on two occasions without breaching immigration conditions and had returned to Iran on each occasion.
Sharan Rupra was able to produce evidence that these trips were also funded by our male client from his own resources.
It was argued on the couple’s behalf that:
- they had every intention to leave the United Kingdom on completion of their visit;
- they had no reason to remain here as they had strong ties to Iran such as their home, employment, family and social ties;
- there was no reason to doubt the sincerity of the application as they would leave the United Kingdom at the end of their visit;
- there would be a clear breach of Article 8 of the Human Rights Act.
The Result | Lessons Learned | Immigration Advice
Sharan Rupra won the Appeal.
The couple were allowed entry into the United Kingdom to visit family and friends.
It is clear that many decisions taken by the ECO can and should be challenged. This was a clear example of the ECO not subjecting the original application to a fair and proper assessment.
At Kangs Solicitors we are experienced in a wide range of Immigration Law matters and can offer early and effective advice to clients to allow their loved ones to come and visit their family members in the United Kingdom.
Please feel free to contact our Immigration specialist Sharan Rupra who will be pleased to assist you.