How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Immigration Law
Satisfied Customers: 11652
Experience:  Dual qualified Solicitor and Attorney
Type Your Immigration Law Question Here...
Jeremy Aldermartin is online now

In cases of family migration, if an applicant applies for

This answer was rated:

In cases of family migration, if an applicant applies for leave to remain under Appendix FM and his application fails because his partner/sponsor was not settled in the UK, but this same partner is granted indefinite leave to remain afterwards due to long residence, can the applicant (on appeal) still have the chance to be granted indefinite leave to remain or is it a perhaps a better option to appeal outside the immigration rules under article 8?
JA: Just to clarify, which visa specifically is he asking about?
Customer: No visa
JA: Has he already talked to a lawyer about the visa?
Customer: He was in the UK on a work permit
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The applicant and partner have a disabled child

Apply under article 8. They will not succeed appealing based on the indefinite leave to remain point because the appeal is based on the facts as presented at the time of the original application and at the time the spouse did not have ILR. I trust this assists

Jeremy Aldermartin and other Immigration Law Specialists are ready to help you
Customer: replied 15 days ago.
Thank you
Happy to help take care
Customer: replied 15 days ago.
Would this appeal under article 8 engage the ‘exceptional circumstances’ found in Appendix FM?

Yes. I trust this assists