Appendix FM, family life as a Partner & Human Rights

Case facts

The Appellant applied to join his wife in the UK, referred as the Sponsor to the Appendix FM Partner application. The application for leave to enter as a partner was refused on 23rd May 2018, following the application being lodged on the 5th of February 2018. 

The application was refused on a number of legal grounds, including the Appellant's names, failure to provide the divorce document, relationship requirements and the financial aspect of the application. 

Following the refusal, we assessed the application file and found that the Entry Clearance Officer had erred in his decision. We advised that the appeal was the correct process albeit it was a long process. 

Outcome of the matter

As part of the appeal process, directions were served by the Tribunal, for both the Appellant & the Home Office to serve appeal bundles prior to the appeal hearing which was scheduled on the 2nd May 2019. At the time of lodging the appeal, the Entry Clearance Manager conducted a review of the decision and maintained the decision.

The First Tier Tribunal then listed the matter to be heard at IAC Taylor House on the 2nd of May 2019. 

We advised both the Appellant and Sponsor following a detailed assessment, a list of specified evidences to support the appeal bundle and drafted a number of statements including skeleton argument, which was submitted to the First Tier Tribunal. Once the extensive appeal bundle was prepared by ICS Legal, this was served to all interesting parties prior to the scheduled appeal hearing. 

Following the receipt of the prepared appeal bundle, the Home Office Presenting Unit withdrew from the appeal a day before the hearing which was good news for our Client, however we found this quite unfair, given the time spent on preparing for the matter. 

Tribunal informed ICS Legal on the 9th of May 2019 by way of writing which confirmed the withdrawl and the Appellant was granted a partner visa to join his wife in the UK.  

End.