Legal advice that protected Sokha’s 5-year route to settlement 

One of the core principles of the rule of law is that the law is accessible to everybody and that it should be intelligible, clear and predictable. Unfortunately, the immigration system is not built to those standards. We as immigration lawyers often support and advise those who have made applications themselves and then get caught in the confusion of the Immigration Rules when preparing their application. 

A recent client of ours, Sokha (not their real name) tried to make an application to extend their status in the UK, only to discover that the rules and process were not as straightforward as one would think. 

Before coming to Seraphus, Sokha had previously been granted 2.5 years leave to remain under the 10-year route to settlement as a partner. After being granted  leave to remain, they switched to the 5-year route to settlement as a partner so they could apply to settle in the UK earlier. We have previously written an article discussing this scenario which you can read here.

Having successfully switched to the 5-year route to settlement, Sokha needed to make an application to extend their leave under the 5-year route as a partner for a further 2.5 years. As before, they had planned to make the application themselves because they did not have sufficient resources to afford legal representation. As a result, Sokha had made an application for a fee waiver, before subsequently withdrawing this and then submitting a leave to remain extension application on the day that their leave to remain in the UK expired. 

Sokha got in touch with us after submitting the online application form to the Home Office. They were not confident that the forms had been completed properly and they were unsure of the evidence required for the application. Sokha asked for our help to ensure that they could remain on the 5-year route to settlement as a partner.

As Sokha had already submitted the online application form to the Home Office, our first task was to review it to ensure that it had been completed correctly. We could then establish the evidence that would be required to ensure that they remained on the 5-year route to settlement. 

We recognised that an error had been made on the form and that Sokha had put down the wrong financial evidence details to support their application. We explained the mistake to them and the risks of not correcting it, including the application either being refused or that they would be moved back to the 10-year route to settlement. This would lead to a longer route to settlement, which would mean significant additional Home Office fees for the additional immigration applications. We had to fix this.

We got to know our client and their immigration history very well. This revealed a different set of financial rules that they could meet which, although more complicated, meant it would be possible for them to stay on the 5-year route to settlement. This would avoid costly extension applications under the 10-year route to settlement. 

We supported our client in obtaining the evidence needed to satisfy the alternative financial requirements and prepared detailed legal representations to the Home Office. In these representations, we explained that they had submitted the application themselves, had made errors in the form, and now were making amends with our advice and support. We explained our client’s situation and why they should remain on the 5-year route to settlement – giving them the best possible chance of success.

Sokha’s application for an extension of leave to remain was granted under the 5-year route to settlement. As a result, they are now able to apply for indefinite leave to remain at the end of their current leave. This means they no longer need to worry about accidentally switching back to the 10-year route to settlement and facing additional costly Home Office application fees. 

Without this timely intervention, Sokha would have at worst had their application refused due to not understanding the requirements or, at best, been granted an extension of their leave to remain but under the 10-year route to settlement.

This case is a great example of how getting qualified legal advice can be essential and life changing, especially if you are making a complicated application and you are unsure about the required evidence. It can be very challenging to understand and the processes are not set out to be intuitive which means you can make the most thorough application to the best of your ability and still make mistakes that put your application at risk of refusal. 

However, with our knowledge and experience of Home Office requirements we were able to ensure Sokha had a successful application and they can now look forward to apply for indefinite leave to remain as soon as possible. By working quickly, precisely and thoroughly with our client, their future in the UK was secured.