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Waleed Hassan
Waleed Hassan, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 65
Experience:  I have extensive knowledge in Immigration, Nationality and Asylum law and have had conducted in lead cases.
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My husband and I recently got married about a month ago.

Customer Question

Hi Tom
My husband and I recently got married about a month ago. Prior to our marriage we had been in a relationship for 3 years. Before the marriage we applied for leave to remain for my husband under the partner for 2 years route. He had overstayed for 12 years. I am settled in the UK with indefinite leave to remain but not British citizen. In our application for leave to remain we provided evidence of our relationship and also told them of our intention to marry with the date. In order for us to marry we had to apply to the local council for special certificate. They approved this and said there was no reason to think marriage was bogus. So we went ahead. 3 days before the wedding the home office replied to our application for leave to remain for my husband and rejected it. Stating that there was no reason why we couldn't carry on our relationship back in our home country. I have been settled here in the UK for over 18 years. My life is fully based here and it is inconceivable that I can go back to my home country and make like there.
The lawyer who handled my husband's case sent a pre action protocol letter to ask that they reconsider the decision on the basis that we are now married and provided the marriage certificate and pictures from the wedding as proof. They have just written back refusing to reconsider their decision to refuse leave to remain.
What are our options now? We have been told that as our circumstances have changed (we are now husband and wife) we can apply again from scratch as married partners rather than cohabiting partners. Or we can seek a judicial review of our original application.
Can you please advise me? Based on what I have explained?? Please ask if anything isn't clear.
Submitted: 10 months ago.
Category: Immigration Law
Customer: replied 10 months ago.
I can send the per action protocol response letter we received from the home office if you need to see it. Please we are very desperate now and need to find a resolution. We are just married and don't want to start married life this way
Look forward to hearing from you. Thanks
Expert:  Waleed Hassan replied 10 months ago.

Thank you for your question.

You have not set out if the Home Office, when refusing the application, accepted that you were in a genuine and subsisting relationship. If they did, it is irrelevant if you are married. If they did not believe it, then you may have to consider submitting a new application so that Home Office can consider this aspect of your case.

Having said that, the rule on partner application is very tough now since 9th July 2012. Even if the Home Office accepted that there is a genuine and subsisting relationship, you have satisfy the Home Office of the following rule:

EX.2. For the purposes of paragraph EX.1.(b) “insurmountable obstacles” means the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner.

I am unable to comment on the prospect of your case at the Judicial Review stage. This really depends on the representation you submitted to the Home Office before your husband's case was refused.

Thank you for your query.

Customer: replied 10 months ago.
Can I attach the letter we received so you can read it? They accepted that we are in a genuine and subsisting relationship. They just said that we have not shown insurmountable obstacles to us conducting our relationship outside the UK.Would you advise that we file another application as a married couple?

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