Mrs S first arrived in the UK on Tier 4 (General) Student visa. She was granted further leave to remain as a Tier 4 (General) Student. When she then applied for further leave to remain as Tier 4 General migrant, the application was refused by UK Visas and Immigration (UKVI).

Seeking Expert Advice During Pending Appeal of Tier 4 Student Visa

Mrs S appealed the refusal decision to the First-Tier Tribunal Immigration and Asylum Chamber. While her appeal was pending, she sought legal advice from us about the prospect of her appeal being successful. An initial consultation was arranged, and we assessed the chances of her appeal by analysing the refusal letter. Having considered the reasons given by UKVI, we were of the opinion that the chances of her appeal being allowed were slim.

Leave to Remain as an Unmarried Partner within the UK

We considered other options for Mrs S to remain in the UK. After asking questions about her circumstances in the UK, Mrs S informed us that she was in a genuine and subsisting relationship with a Tier 2 Migrant leave holder. She was not aware that she could make an application as such. Mrs S assumed that she would have to go back to her country of origin to apply and because she had received a refusal letter for her Tier 4 visa. She was concerned that she may not be allowed to return to the UK to be with her partner.

New Unmarried Partner Visa Application Using Premium Service Same day

We advised Mrs S that her prospect of securing leave to remain as a PBS Dependant of a Tier 2 Migrant was much greater if she withdrew her appeal and made a formal application to Home Office on the grounds that she is an unmarried partner of a Tier 2 Migrant. Mrs S did not have strong evidence of the relationship with her partner, which UKVI normally seeks. Furthermore, she had been previously married, and that relationship had ended acrimoniously. As a result, UKVI would have viewed her application with greater scrutiny.

We gave Mrs S a comprehensive checklist which was unique in her case to obtain sufficient evidence and supporting documents.

Detailed representations were submitted to show that Mrs S was in a relationship with her partner for more than two years and independent evidence was provided to the UKVI. Arguments had to be raised that Mrs C could submit the application even though her previous Tier 4 visa was refused, and she had appealed the decision.

Normally, such applications are not suitable for a quick premium decision. However, Mrs S was very confident in the way we presented her case and she continued with the Premium Service Centre application so that she could receive a swift decision. Mrs S trusted the quality of advice and service provided by A Y & J Solicitors, and her application was approved by UKVI.