ACS Visas

ACS Visas The place for professional immigration services. For visas, leave to remain, ILR, EUSS, nationality amd asylum we're here for you. Immigration and Asylum for UK.

We also advocate in the First and Upper Tier Tribunals. We specialise in complex cases and have a high success rate.

05/04/2026

Family Reunion Appeal heard after 5 years

Sorry, long read but worth it.

The Client was granted asylum in 2011 and called his pre-flight partner over in 2012. The intention was that they would both study, work and save hard so that he could also bring his 3 children from a former relationship to join. At that time the children were living with the client’s grandmother, or their great-grandmother. In 2017 she died and they were looked after by their aunt on the understanding that this was a 1 year arrangement and he will sponsor them.

However, his relationship with the partner broke down and he had to discontinue his studies on 2 occasions due to financial reasons. He also became homeless and was sleeping in doorways and parks. He also had mental health issues and the council did not support him.

His ILR application was refused since he used the wrong form when he applied himself due to not being able to pay a lawyer. When he went to solicitors they took 2 years, due to poor service, before it was regularised. He started getting his life together and sought help for his children’s applications from Bedfordshire University since they had a programme running. This was in 2020 and with the pandemic lockdown they said they could not support him.

Finally, applications were made just in time before the eldest turned 18 in July 2020 by another solicitor. Some of the information they entered in the application was wrong. They never got him to check the applications and said, “they knew best”. The application and supporting evidence was poor and, unsurprisingly, in October 2020 they were refused. Although they filed all 3 appeals, but only paid for one.

The solicitors would not communicate with him or another 2 solicitors he subsequently hired. Meantime the appeals were struck out since the solicitors never complied with the FTT directions. Quite a mess!

They came to me last year and I had the same difficulties with these solicitors. I then found out that they had been struck off by SRA. There was protracted correspondence with the FTT Legal Officers since they could not access the applications. The HMCTS IT teams were involved. It took 7 months to convince the FTT, some due to IT technical parts, to re-instate the appeals.

Forensically we went through the refusal letters to make sure all the issue were addressed. One of them was birth certificates issued 12 years after the births and the proof of relationship with the client. We also went through all the remittances sent as well as being received and what the money was used for. Detailed statement from the client running to 6 pages was drafted, statements from the young adults/children as well as the aunt, skeleton argument and supporting evidence was put together in the bundle.

I got the FTT to expedite the hearing since they were now waiting more than 5 years since the refusal and they were all over 18. Today, on Easter Sunday 2026, their appeals were allowed. Finally, nightmare over. The 1 year care arrangement was extended to 9. Let’s hope the HO do not seek to take this to the Upper Tier and permit them to rebuild their lives.

09/02/2026

Deportation appeal allowed on private life

The Appellant came to the UK at the age of 15 with his mother and stepfather and obtained ILR, but never sorted out British nationality. He had some motoring conviction and then a 13 year gap before a conviction for 2 years. This triggered a deportation order. In the meantime, he had married and had 3 BC children, with 2 under 18.

His relationship had broken down just before he went to prison. The divorce was finalised when he was inside. In these circumstances I encouraged him to obtain social services reports, but the family was not known to them.

I encouraged his mother to engage an independent social worker, but his ex-wife did not co-operate so there was nothing. She told the school that they should only deal with her, thus closing that door. Even his GP said he had been removed from their list and could not provide his medical records since he was no longer living at the home address, being in prison hundred miles away did not help.

The difficulties on the family life were insurmountable due to lack of evidence. The judge was not sympathetic to. The onus is always on the Appellant to provide the evidence.

However, he had been legally here more than half of his life, he had set up businesses and created jobs as well as purchased the family home. Evidence was patchy. Socially and culturally he was integrated. He could not obtain his father’s nationality since there had been no contact with him since he was 6. He did not know the language, religion or his culture. He could not go back to his mother’s country of nationality since she had no links to it having left it when she was 17. Again, he did not speak her language or have any connections. With good evidence and representations his appeal was allowed on private life basis.

It is possible to win these appeals but the real difficulties are the person inside cannot get the information they desperately need.

20/12/2025

Threat of nationality revocation

Client’s (C) British husband was not divorced when he married C. In fact he always told her he was single and declared it as such to the registrar. His divorce decree absolute/final order did not come through for another 7 months, again a fact he concealed from her. She was granted British nationality more than 20 years ago.

She started divorce proceedings when she discovered he had married, or was in a relationship with someone else. At this stage she became aware of his bigamy when he married her. She informed the HO of the position before he tried to undermine her status. The HO alleged fraud on her part and threatened to revoke the nationality within 2 weeks. She came to us highly distressed at this stage.

Firstly, we obtained an extension of time to better understand the case and develop a roadmap. We asked C to obtain letters from her employer, colleagues, family and friends confirming her good character and contribution to the UK. We also asked for other supporting evidence. She drafted a statement that we checked and advised to make sure the relevant points were addressed.

We pulled everything together with strong representations. Within 24 hours the HO withdrew the allegation and agreed that she can keep her British nationality. She was relieved and this allows her to move on.

24/09/2025

Family Permit Appeal allowed for a 70 year old

The applicant is in the Middle East with the daughter/EU sponsor in the UK. The applicant has a modest income from which she has to pay her rent, utilities, health needs, travel and normal living costs. The income was topped up by remittances from the daughter.

At the age of 70 she is unlikely to get another visa in the Middle East and would be forced to return to her home country where she has no support network of family or income. This was an added factor.

The applicant has no education and no concept of managing bank accounts. She uses cash and had limited receipts for healthcare.
We presented the case setting out the income, both hers and the remittances, and her outgoings with receipts wherever possible.

This showed she was reliant partially on the sponsor’s support. Appeal was allowed. We also felt the HO handled the case badly and are seeking redress.

21/07/2025

Importance of good immigration advice

I read many times over people on Facebook people saying that you do not need legal advice and you should do the application yourself, hence save paying lawyers fees. I do not disagree with this as long as people know what they are doing. On FB people give conflicting “advice”. Choosing the wrong option has consequences.

A client came to me where his EEA fiancée came in 2023; he had entered prior to Brexit and had Settled Status by then. They married in the UK and made a family member application; unsurprisingly this was refused.

They made an FLR(FP) application - never easy unless there are strong human rights - and was refused. She left the country and made a Family Permit application from back home; this was also refused.

Even her ETA to come as a visitor, although approved, was cancelled on arrival. She had no choice but to return.

The husband came to me and asked for assistance. I told him of the bad immigration history was a huge risk, but they felt they had no choice. An application was made and the ECO found no fault in the relationship, English and income requirement but refused it on “frivolous applications” being repeatedly made.

We shall be fighting an appeal and hope to overturn this decision. The lesson here is that if you are in doubt, seeking good immigration advice is key. Doing the wrong thing, even with the best of intentions, is no defence.

21/07/2025

EUSS Pre-Settled Status granted

You may well say, so what? In this case the couple had a 2 year multi-entry visit visas and their first entry – this is the watch word – was in November 2024. They went for Umrah and re-entered in February after 10 days, so this counts as the second entry. Why is this important?

On 10 September 2024, the HO changed the rules saying, “To require a joining family member to apply to the EUSS within three months of their first (not latest) arrival in the UK since the end of the transition period ”

In other words they should have made their application in the first 3 months; they did not. They came to me more than 4 months from the initial entry. The application had risks attached to it since this was no longer the first entry and it was not within the first entry. The clients were informed of these. Any refusal would also impact on their existing visit visas since they would be going over the 6 months stay as well as any future applications.

They decided to proceed. We did the usual due diligence and today they were approved.

20/07/2025

EUSS Settled Status applications approved despite excessive absences

One client had been absent for 1132 days (37 months) in the last 5 years and was approved. The other unrelated client was absent 1247 days (41 months) and also approved. Both were non-EEA family members.

Both applications were made in May, before the recent HO flexibility on absences. The Covid concession permits up to 12 months absence and anything over has to be made up i.e. extends the date when the person becomes eligible. In addition a further 12 months is permitted for an “important reason”. We relied on both and argued a strong case.

Success was down to an honest application, as always, good evidence and representations

02/07/2025

Entry Clearance appeal allowed for family with sponsor’s permission outside the rules

This is a tragic case where the sponsor came as a student in 2010 and suffered life threatening injuries in a horrendous road traffic accident. After many battles he was granted leave outside the rules (LOTR) in 2022 since a piece of medical equipment was not available in his home country. Credit goes to other legal representatives at the time.

His conditions have deteriorated significantly since and reports from a number of consultants and GP painted a bleak outlook. He had not seen his family since 2014. His own leave being extended is not a given when it is LOTR, but we managed to get this. When the Sponsor has only LOTR, the application and appeals rely on exceptional circumstances which, as the name suggests, is an elevated test and not easily granted. For him to gain ILR would be in 2032 which is a bridge too far.

Initially his family’s fee waiver applications were refused, but accepted on challenge. The entry clearance applications were refused after 6 months. The hearing date was brought forward following applications to the Tribunal; current timescales are a year to get a hearing date.

After a bumpy ride by the HO and a month’s wait from the Tribunal the appeals were allowed. I cannot express the relief the family is feeling.

08/05/2025

Adult Dependent Relative, but not requiring personal care, and minors whose exclusion is undesirable

Apologies in advance for the long post, but hope you find it useful.

I have just had an appeal allowed where the four Afghan siblings, who had located to Pakistan 3 years ago, were being sponsored by their elder brother in the UK. Their previous applications, made through high profile lawyers, and appeals represented by again well-known barristers in the First and Upper Tier Tribunals were refused.

Even this time the application was done by another lawyer and the brother in the UK came to me for the appeal. There are many challenges in such situations and the judge’s starting point was the previous decision - Devaseelan principle for the nerds. In other words why the previous decision (refusal) should not continue to be maintained. It’s an uphill struggle.

One of the siblings came under the ADR rules, but as someone not requiring personal care. The test was if the refusal would be “unduly harsh for the applicant…” This is set out in GEN 3.1-3.3. We relied on his mental health and the need for support from the UK sibling.

The test for the under 18 siblings was “exclusion undesirable”. This also needed to be well evidenced and presented.

So where do we start? This requires a forensic, line by line reading of previous decisions and the latest refusals. This highlights the important issues, but these are not the only ones. One has to think outside of the box and consider what else is relevant and may come up e.g. consequences of relocation to Afghanistan or continue to live in Pakistan. The evolving political situation is always relevant. All this requires a lot of time to understand the issues and research.

A disappointing aspect was the lack of a covering letter supporting the application, something which we see regularly. There were a few cursory words here and there in the application. The adequate maintenance calculation was not provided with an expectation the ECO will be able to work it out. We owe it to our clients to always provide a covering letter addressing the requirements supported by relevant information. This makes the ECO’s task easier in assessing and hopefully approving application.

We also support clients in drafting their statements to make sure that they address the refusal reasons from their experiences. We keep them well away from quoting the immigration rules or caselaw since they could be cross-examined. This applies to some applications, but certainly for all appeals.

The sponsor and his wife performed well in court and this in part is putting them at ease and explaining the processes, especially when there is an interpreter. The decisions came through this morning. Now we wait to see if the HO will challenge a well-argued decision in the next 28 days.

30/04/2025

Importance of payslips and money paid into a bank account

The client came to me about a year ago where her son was denied entry clearance. This is a child from a former relationship. He is a vulnerable child but the rules are rules, so said the judge. The case was highly complex.

On filing the bundle and appellant’s skeleton argument (ASA) backed up with good evidence and cogent arguments, the Home Office accepted sole responsibility by the mother. The stumbling block was meeting the financial requirement. Her husband, the sponsor and not the parent o the child, had filed tax returns and the accountant’s letter showed that the minimum income was met. This was not so easy to explain.

He did a couple of food delivery jobs as self-employed as well as PAYE employee. He lacked credits from the food delivery in his account and there were unexplained large cash credits. He even said these were loans from friends! This undermined the case since this does not count as income. He gave contradictory accounts of the source which did not help. He lacked payslips and the matching credits in his bank since these were received as cash.

My argument was that since he had declared the incomes in his tax return and paid the tax, then this should suffice. The judge did not entirely accept this.

The appeal was allowed in court – which is unusual - on human rights grounds due to the gravity of the child’s health, but it would have been so much simpler if the sponsor’s financial records were good.

The moral of the story is that cash in hand is not a good idea. It raises doubts about the person’s credibility and risks refusal. That is not where you want to be.

29/04/2025

EUSS Settled Status granted with 2 years absence

Client left a month after arriving in the UK in September 2019. He did the smart thing and applied for Pre-Settled before leaving. He left in October 2019 and was granted PSS while he was still out. He returned to the UK 2 years later.

We made his Settled Status which was granted yesterday. The HO in its finite wisdom extended his PSS! Of course, the latter is superfluous.

26/04/2025

EUSS decision and supervening events

I want to highlight the downside of an application that took 3 years to decide due to criminal charges and conviction. Normally a Pre-Settled Status application is granted with minimal fuss if you meet the requirements. But what happens when someone has a conviction while the application is under consideration?

The application is put on hold and the criminal proceedings take precedence. These can be delayed in magistrates and crown courts due to their timetables and workloads. A conviction means the Police National Computer, where all the records are held, is updated at some stage. The sentence has to be spent before the immigration matter is revisited. The EUSS only seeks an update from the PNC after 6 months, You can be proactive and make SARs and provide the HO with the latest information, which is what we did.

The moral of the story: stay out of trouble

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