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on May 2, 2022
We were approached by the sponsor, whose wife’s entry clearance application had been refused by the Home Office.
The application was refused since the Home Office was unable to contact the sponsor’s employer. The Home Office contacted the employer via telephone on two occasions; however, they were unable to reach the employer to verify the sponsor’s employment.
Our client was employed by a small fast-food restaurant, and the employer provided his personal mobile number for the Home Office to contact him. Due to the nature of the business, the employer had a policy to not answer any calls from withheld/private numbers. The Home Office contacted the employer from a withheld number, and hence the call was not answered.
Our expert team reviewed the decision and the documents submitted in support of the application. It appeared that our client provided all the relevant documents and the Home Office acknowledged that the applicant met the relationship, accommodation and English language requirements. The only requirement they raised a concern about was the financial criteria, and this was only due to the fact that they were unable to verify the employment via telephone.
Our experienced immigration team provided detailed grounds of appeal and submitted the appeal on behalf of our client. We advised the sponsor to provide a letter from the employer explaining the circumstances surrounding the unanswered call.
Helpfully, the employer was also willing to attend the hearing and provided a witness statement in support of the appeal. We also advised the sponsor to obtain HMRC records in relation to his employment which would verify his employment, salary and the taxes he had paid.
We prepared a detailed bundle of documents in support of the appeal and instructed a Barrister to represent our client at the Tribunal.
We successfully argued in the Tribunal that the Home Office did not consider the documents which were provided in support of the application and the refusal was solely based on the fact that they were unable to contact the employer via telephone.
We received the decision from the Tribunal 14 days after the hearing, and the appeal was granted. The applicant was granted entry clearance and she has now joined her husband in the UK.
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