Our immigration team was initially instructed to provide document checking service in relation to an extension application under the Sole Representative visa route. Having conducted a thorough review of the application bundle, it was ascertained that the client was not eligible to apply for an extension for the reason that one of the immigration requirements would not be met. Our ultimate goal was not just only to avoid the refusal, but also to not lose the time spent under the Sole Representative visa towards an ILR. Therefore, our advice was to switch to the Tier 2 General visa category.

Our immigration team was instructed to provide full representation service in relation to a Tier 1 Investor extension application. Having reviewed quarterly portfolio reports, we discovered that the balance on our client’s portfolio has dropped lower than the minimum threshold for at least two consecutive quarters at some point within the initial period of leave. With only weeks to go before the visa was due to expire, we decided to switch to European Regulations 2016. Our advice was based on the fact that our client was also a direct family member of an EU National who was exercising Treaty Rights in the UK. Our client’s Residence Card application was eventually approved within 2 months from the submission date.

In a recent case, we had the opportunity to represent a Russian client applying for a UK Spouse Visa. This situation brought to light the complexities that arise when interpreting the Home Office’s requirements. Our client encountered unique circumstances as they had gotten married at the Russian Embassy in London due to personal reasons. However, under the UK Marriages Act 1994, no diplomatic premises in the UK were approved for conducting marriages or civil partnerships, posing a significant challenge. To address this challenge, we confirmed the marriage registration and solemnization in Russia, following the law of the location where it occurred. In Russia, all marriages processed at Russian Consulates abroad are officially registered with the Civil Registry of the Russian Federation, gaining recognition by the Government of the Russian Federation.

The Home Office refusals of Tier 1 (Entrepreneur) visa applications have been widely discussed in recent years by different media. The Home Office had a tendency to refuse any prospective entrepreneurs, who, in their view, do not come across as genuine, in particular, following an in-person interview with an Entry Clearance Officer. One of our clients was not an exemption. Our Immigration Team was approached by an individual, whose Tier 1 (Entrepreneur) application was refused for the same reason. Following a thorough review of the client’s business plan, our advice was to pursue an Administrative Review, as the client’s business plan and business idea was, in fact, genuine and credible.