PERFECT PITCH

Perfect pitch – sold again!

The Exceptional Assurance Concession was in place and should have been used contemporaneously. However, UK Migration Lawyers entered the incorrect leave to remain date on the application, did not apply for exceptional assurance to prevent overstaying and spent the entire year telling us to prepare for a refusal and the need to leave the country. The reason given was because we had already overstayed.

There was no requirement to have had to leave the country. The application should have been made properly in country and therefore UK Migration Lawyers and Travellers Insurance are fully liable for all consequential damages resulting from breach of contract.

The decision for this application should have taken 8 weeks. Instead it took 53 weeks and 1 day to obtain a decision. The refusal was sent to us after 55 weeks and 2 days.

Motive does not need to be proven in court.

KENNEDYS LAW – 6 July 2023

“In the specific circumstances, making a fresh application was a perfectly viable option because of the Covid concession which was brought in subsequent to your Client making his first application.”

“The application our Client made had reasonable chances of success given the concession.”

“In light of your Client’s strong desire to remain in the UK and the availability of the Covid concession it was reasonable for our Client to present this option amongst the range of options available to your Client.”

”In light of the Covid-19 concession and the relevant Immigration Rules referenced above, advising your Client that he could remain in the UK whilst a decision was pending was correct and had he departed, the application would not have been considered.”

KENNEDYS LAW – 27 September 2023

“Miss Xxx applied under Appendix FM of the Immigration Rules using form FLR(M), for your Client to be granted leave to remain in the UK as the spouse of a British Citizen, under the COVID-19 concession.”

“Our Client made the relevant application on 9 February 2021 and your Client was able to rely on the concession at that time. Your Client alleges that the COVID-19 concession was not available to your Client by the time the second application was submitted. This is incorrect. Applications made by our Client under the COVID-19 concession were all successful, except that of your Client. The COVID-19 concession was in place and had been at the time the application for your Client was made.”

“We agree that when your Client made his March 2020 application, the Covid concession permitting the making of an in-country application had not at that time come into effect. Our Client made the relevant application on 9 February 2021 and your Client was able to rely on the concession at that time. Your Client alleges that the COVID-19 concession was not available to your Client by the time the second application was submitted. This is incorrect. Applications made by our Client under the COVID-19 concession were all successful, except that of your Client. The COVID-19 concession was in place and had been at the time the application for your Client was made.”

“We realise that there were variations of the COVID-19 concession published by the Home Office given the changes that occurred during the course of the pandemic. In practice at that time, for the Home Office to consider such an application as one for entry clearance it was sufficient to rely upon the concession and to mention the same in the application.”

“You state “Mr Xxx was led to believe that there was a viable alternative in making another application on those grounds and that he was in fact making a spouse visa application from inside the UK under a Covid concession”. Your Client was correct in his belief and this is the application that was submitted by Miss Xxx. She did not make “another application on the same grounds as already refused”. The application was submitted under Appendix FM of the Immigration Rules, it was clearly made under the partner route and under the COVID concession.”

OUR COMMENTS

It would have been easier and less time consuming to just have come clean in the beginning.