ONCE BITTEN TWICE SHY

UK MIGRATION LAWYERS INTERNAL NOTES

”App can remain in UK until a decision is made – if need to make app for EC then because stayed in UK after visitor visa ended can come back as partner but not in another category – banned. Will be able to live in the UK if apply for EC – need to meet rules for application if not refused.

Not usual for EC app to be refused due to making app in UK – could occur but not happened to clients previously.”

KENNEDYS LAW – 27 September 2023

“The delayed submission of an application to return to the UK was/is a choice Mr Xxx has made however our Client cannot be held liable for the alleged resultant losses. Clearly it would have been prudent to mitigate his losses by applying for entry clearance to the UK shortly following his return to South Africa.”

OUR COMMENTS

UK Migration Lawyers admitted, in writing, the potential of a refusal, due to overstaying they orchestrated. The Covid-19 concession and exceptional assurance was in place as per UK Migration Lawyers, Kennedys Law and Garden Court and therefore the return to South Africa should not have been necessary.

We were advised, by law abiding counsel, not to risk a third refusal:

“Although we are presenting mitigating circumstances, it is prudent to wait until the 12 months have passed to ensure the application doesn’t fall at the first hurdle without consideration of the facts.

Note that, even when an application is made outside the relevant time period, an application may still be refused where the applicant has previously breached immigration laws. We will however present the best case possible in the hope that a pragmatic view is taken, and the application granted. We are aware this is not guaranteed, but more likely than if the application is submitted in advance of the one-year anniversary of Xxx leaving the UK.”