We are delighted with the news this morning that a spouse visa was granted despite the applicant having a tarnished immigration record. The Applicant had unspent convictions and had overstayed his permission to stay in the UK.
The client (a US national) came to see us for advice on applying for settlement. He was married to a British citizen and was in the UK with temporary admission, which he had overstayed. We arranged voluntary departure for him immediately and liaised with UKBA to negotiate with them to not serve him with the formal Notice to Remove that they had planned to. We can’t reverse anyone’s poor immigration record, but we can certainly try to limit the damage created.
When preparing this client’s fresh application for entry clearance, we made detailed and strong representations on his behalf. We wanted to put forward as many arguments as possible about why his application should be granted so this would weigh heavier in the balance when the entry clearance officer considered whether to grant or refuse him entry. We know that unspent convictions and breaches of the immigration rules are general grounds for a refusal and we warned the client to be prepared for a refusal and a potential fight at an appeal.
However, our strategy and robust arguments with his entry clearance application proved successful and our client is due to return to the UK next week, in time to join the Sponsor on her planned family holiday to Devon.
Win win all round – our clients have saved time and money avoiding the appeal process and it is another successful result for the firm with happy clients to boot!
If this situation applies to you, do not despair – get in touch for further advice.