Spouse Visa Appeal
On 21 March 2018, we had an appeal hearing where the Presenting Officer (the Home Office Lawyer) took an adjournment for considering a new ground raised by us. On the date of refusal decision, our client was married to a British national but had no children. The Home Office refused the application holding that their marriage was a marriage of convenience and their relationship wasn’t genuine and subsisting. A week before the appeal hearing, he became a father of the British child. Without any delay, we raised a new ground with the Home Office. We believe the Home Office will now withdraw the refusal decision and grant our client leave to remain. If it does not withdraw, then the Home Office should provide the Tribunal consent to consider the new ground which our client is becoming a parent of the British child. We will keep you updated with respect to the stand of the Home Office. Where the Home Office issues a Section 120 Notice along with the refusal decision or later, the appellant should raise a new ground as soon as possible with the Home Office.