SKILLS EVALUATION MULTIPLE CHOICE

SCENARIO

A client contacts you for help understanding a refusal – the refusal says that he has a right to appeal. If he does not appeal he must leave the UK. He had originally arrived in the UK as a visitor but was unable to leave because of the pandemic.

The client is concerned the Home Office has made a mistake with his application. There is an unprecedented pandemic and he is worried about travelling as the COVID-19 vaccination has not yet been rolled out.

He knows if he does not rectify the situation he will have to leave within 8 days. He says he does not want to appeal as the application was a mistake.

The client’s wife is worried that he will be banished from returning to the UK for 10-years as the refusal is very intimidating and she was told by your sales team he is already an overstayer. They have spent thousands of pounds moving to the UK and she is worried they will be forced to return to South Africa indefinitely. Israel is an option but the client was advised that he will not be able to live in Israel until he resolves his immigration status. Overstaying is a very serious crime in Israel.

What solution / solutions would you propose from the following options:

1. Explain your sales team has made a mistake – the client is not an overstayer and the refusal will not impact his return to the UK.
2. Appeal the decision.
3. Tell him to leave the UK immediately.
4. Apply for exceptional assurance until it is safe to travel.
5. Apply for exceptional assurance and a fresh 5-year entry visa application using the COVID-19 concession without explaining the application is for entry clearance.
6. Apply for exceptional assurance and a fresh 5-year entry visa application using the COVID-19 concession explaining the application is for entry clearance.
7. Apply for the 10-year leave to remain application that was previously refused.

ANSWER:

If you answered:

1. Correct – it is always good to be honest when a mistake has been made.
2. Incorrect – visitors are not allowed to switch to another visa category.
3. Correct – however you should not charge or present this as a solution as there is no value add.
4. Correct – this solution would give the client time to get the COVID-19 vaccination before returning to South Africa to apply for entry clearance.
5. Incorrect – the COVID-19 concession is not only for entry clearance and the Home Office will not understand the application.
6. Correct – however you must ensure the evidence is suitable for the application, process the application speedily, and upload the selfie so that there is no delay in the Home Office decision.
7. Incorrect – there is no value in submitting a repeat application with the same evidence.

EXAMPLE OF AN INCORRECT APPLICATION