Proposition: “SB” has separated from her husband (but not divorced). “SB’s” children, 2 daughters and 1 son (under 18 years old) are British citizens because of their father’s British Nationality and had relocated to the UK in 2010 without her. “SB” applied for spouse visa in the past when she was separated from her husband. However, she could not prove that her relationship with the husband in the UK was subsisting. “SB” did not appeal at that time.

“SB” was desperate to be with her children and had made UK visit application twice after the refusal of spouse visa however on both occasions she was refused visit visa to the UK for general reasons. “SB” and the consultants advising her were not aware that they were applying for UK visa in a wrong category.

Advice: “SB” was required to fulfill relevant UK Immigration Rules and make her application in the right category. We advised “SB” about the documents and information required. However her husband was not co-operating with her and it took her longer to arrange all the paperwork. “SB” was required to provide evidence that she had access rights to her children in the UK and that she was taking and intend to continue to take an active role in their upbringing in the UK. We prepared the right application under right category for her after having obtained contact order from the UK Civil Courts.

Conclusion: “SB” got visa and was reunited with her children in the UK.

Please note that at the time “SB” made her visa application; knowledge of English was not required.

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