Successful case for a spouse of a UK citizen under Exception Ex.1 (based on Family Life) “I cant thank you enough for your hard work on this. I am so ecstatic I dont know what to say. I am actually in tears!!!”. Mrs A, national of Antigua & Barbuda who applied for a visa in the UK under the Exception EX.1 for spouses of UK citizens applying on the basis of exceptional circumstances. In this case the Financial Requirement (£18,600) was waived as well as the requirement to be in the UK with a valid visa. In this case our client entered the UK as a visitor (nationals of Antigua & Barbuda do not need a visitor visa), then made an application for an EEA Residence Card. Unfortunately, it was refused because EEA applications for spouses of EEA (non-UK) citizens while our client was married to a British citizen. This application took the whole 9 months (and was refused), so when it happened Mrs A contacted us for a professional advice. We submitted application for a leave to remain (ie inside the UK) on FLR(O) form in the so called 10-year Parent/Partner route, even though such applications are discretionary (up to the Home Office to decide), the main thing to prove was that the couple had ‘insurmountable circumstances’ preventing from returning to the applicant’s home country and applying for an Entry Clearance from there. Our client’s 4 children (all British citizens) had spent a whole year in their respective schools in England and were settled in their lives here. It would have been a disruption to their education. Furthermore, the Sponsor (UK spouse) in this case had a job but it was paying below the required Financial Requirement of £18,600. This application has been successful and took only about 1 month, which is extremely fast for a postal application these days. The Home Office found the circumstances to be ‘insurmountable’ and also waived the Financial Requirement. For an individual advice or to make an application please contact us: info@1st4immigration or visit 1st4immigration If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CDP website: 1st4immigration/training
Posted on: Tue, 19 Nov 2013 14:20:03 +0000
Trending Topics
© 2015