Client success stories
from SSW India

25 July 2024

When applying for a UK visa from overseas, applicants are often required to submit evidence to support their application, proving that they meet the requirements of the route and that they are a ‘genuine’ applicant.

Visa applications are often approved or denied on the basis of the supporting documents provided. Gathering solid evidence to support your case is a crucial part of the visa application process and should not be overlooked.

SSW India recently demonstrated the importance of supporting evidence in two recent client success stories for UK entry clearance cases.

Case Study 1: PBS Dependant Partner

SSW India recently supported a private client in applying for a PBS Dependent Partner Visa to join her husband in the UK. This visa category permits the partner of someone living in the UK under the points-based system to join them, and also grants permission for the dependant to work and study in the UK.

During our initial assessment with the client, she provided us with all the background information and expressed doubts about her application being accepted by the Home Office due to her adverse immigration history.

The applicant had previously overstayed in the UK on a Student visa and had received a refusal on a prior PBS Dependant Partner application due to false information stated on the online application form.

The Home Office will often view both of these factors as potential red flags in any future visa applications, and may even lead to a ban on this individual’s future applications. The client was also recently married with no evidence of cohabitation with her spouse. Based on all this information, we advised the client that this was likely to be a complex case and the application may be viewed as ‘not straightforward’ by the Home Office.

However, as this was the client’s only option to be reunited with her husband in the UK, we began work on gathering as much evidence as possible to prove the applicant’s genuineness and achieve a successful outcome.

In total, we submitted over 40 documents to address the previous adverse immigration history and to prove she had a genuine relationship with her husband. After the SSW India team submitted the application on behalf of the client, we were anticipating some pushback from Home Office caseworkers, including requests for further evidence and a delay to the processing time.

However, as a result of the hard work in preparing the application and the extensive evidence provided, the Home Office approved the application within 8 working days. The client was delighted with the successful outcome after initially believing it would be impossible to join her husband in the UK.

Case Study 2: Child sole custody case

Another challenging case recently handled by SSW India involved a mother applying for a UK visa with her child, of whom she has sole custody.

In such cases where one parent will be taking a child to the UK, the Home Office will often require the applicant to show proof of ‘sole parental responsibility’ and consent from the other parent.

This case presented several complexities due to the client’s strained relationship with her estranged husband and a lack of evidence to prove sole custody of the child. The client was also applying from a war-zone location, making it difficult to obtain the necessary documents.

The client had received consent from the child’s father in 2018 to take custody of the child and live separately. However, the client had not applied for divorce from her husband and there was no separation document. Since the separation, the client and her child had been staying with her parents, with the child often cared for by the grandparents due to the mother’s work travel commitments.

SSW India advised the client that to build a strong case for the Home Office, we would need to provide evidence of both the separation and her sole parental responsibility for the child. As a result, the client obtained a court order for custody of the child and applied for a formal separation document.

Both pieces of evidence were then submitted with her application alongside a letter of consent from the father. Thanks to this evidence, the application was approved and the client was able to travel to the UK with her child.

Support with your UK visa application

If you have a complex immigration case you’d like our support with, we’d be delighted to help. Smith Stone Walters has offices across the globe in the UK, Germany, Hong Kong, India and the United States, meaning we can provide support to corporate and private clients all over the world.

To find out more about our immigration services and how we can help, please contact us today.

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