SHEER DETERMINATION

UK MIGRATION LAWYERS – 1 February 2021

“So after speaking to Xxx advised that we may appeal or may do fresh application depending on the date they submitted their application and whenthe excemtption started to apply within the UK due to Covid.”

UK MIGRATION LAWYERS – 2 February 2021

“Advised that the app should either leave the UK and apply for EC – or appeal against decision – explained what the process was, attend court but this may not be F2F due to COVID-19.”

UK MIGRATION LAWYERS – 9 February 2021

“Discussed appeal – deadline tomorrow – timeframe is longer than 12 months and then wait for Judge to make a decision.”

UK MIGRATION LAWYERS COMPLAINT FEEDBACK – 16 June 2022

”Having reviewed your file, consultation notes and Client Care Letter, I am entirely satisfied that you were fully aware of the options open and available to you and Mr Xxx. Miss Xxx discussed Mr Xxx returning to South Africa and applying for entry clearance to the UK; appealing against the refusal of the application you submitted on 4th April 2020, or submitting a fresh application for leave to remain as a spouse.”

KENNEDYS LAW – 6 July 2023

“The Client Care Letter clearly set out the options/routes available to your Client. Amongst the three options presented, one option was to appeal the 27 January 2021 refusal. Your Client did not want to pursue that course. Miss Xxx rang your Client to check his instructions again before the deadline expired. He confirmed that he did not wish to lodge an appeal.”

AND

“As set out above, your Client chose not to appeal the earlier refusal.”

KENNEDYS LAW – 27 September

“To say that “Mr Xxx was misled into taking what he thought was the best course available to him…” is a nonsense. As the contemporaneous notes record, Miss Xxx clearly advised ‘the app should either leave the UK and apply for EC – or appeal against decision.”

AND

“The advice you say our Client ought to have given, was given. Your Client was advised he could either appeal the decision or leave the UK and apply for entry clearance from South Africa.”

AND

“Your Client did not wish to appeal the refusal decision and this was again checked prior to our Client submitting the application in February 2021.”

KENNEDYS LAW – 6 July 2023

“In terms of “improving the chances of success”, the earlier application your Client made himself had no prospect of success as it was the incorrect visa for him to apply for – as a visitor, he was not able to switch to another visa category without leaving the UK and applying for entry clearance from South Africa. It was bound to fail whereas the application our Client made had reasonable chances of success given the concession.”

HOME OFFICE GUIDANCE

Those wishing to come to the UK to settle here as a partner or parent should apply for entry clearance under the family Immigration Rules. In view of that, a visitor cannot meet the requirements of the family Immigration Rules to remain in the UK.