Time Stamped Show Notes:
7s: Louis explains that podcast will focus on tricky, complex spouse or partner applications.
20s: Louis introduces Priya and her specialism as an immigration barrister
2min 27s: Priya explains her own, and her chambers’, practice background in immigration, asylum and human rights.
4min 9s: Priya explains that, before moving on to complex matters, she will go through the more straightforward requirements for spouse or partner applications.
5mins 57s: Priya explains the harsher rules for those who are overstaying or those who do not meet the standard rules, including the ‘insurmountable obstacles’ and ‘unjustifiably harsh consequences’ tests.
7mins 28s: Louis notes that even so called ‘straight forward’ applications still have strict rules around evidence to provide.
8mins 56s: Priya gives examples of common reasons for spouse or partner visa applications being refused, including the tricky Financial Requirement and specified documents.
13mins 24s: Priya talks about problems that people have meeting the Relationship Requirement, including the ‘genuine and subsisting’ requirement.
14mins 44s: Priya talks through the Home Office policy guidance Family Policy, Partners, Divorce and Dissolution, and how it can be used to show you meet the ‘genuine and subsisting’ requirement.
20mins 31s: Louis and Priya discuss cases the types of cases where sponsors or applicants are interviewed by the Home Office in relation to the genuineness of a relationship.
23mins 39s: Priya talks about increasingly seeing refusals based on a person not meeting the Suitability Grounds and gives common examples.
25mins 53s: Priya goes through the English language requirement and how to rely on the exemption on medical grounds.
27 mins 31s: Louis asks Priya about more complex cases. Priya explains the Immigration Rules of EX.1(b) and EX.2 of Appendix FM and the ‘insurmountable obstacles’ test.
30mins 6s: Priya explains the recent Court of Appeal case of Lal and how this breaks down the ‘insurmountable obstacles’ test.
35 mins 5s: Priya explains about how cumulative factors can add together to meet the insurmountable obstacles test.
37 mins 56s: Priya notes that even if you make out the insurmountable obstacles test you still need to meet other key requirements of the Immigration Rules.
38mins 38s: Louis and Priya discuss how it is strange that those on a Visitor visa cannot rely on EX.1 whilst overstayers can.
40mins 12s: Priya explains how to meet the difficult ‘unjustifiably harsh consequences’ test in GEN3.1 to GEN3.3, including relying on alternative sources of income.
43mins 13s: Priya highlights how having a child significantly changes the basis on which you can apply for status.
45 mins 12s: Priya talks about GEN3.2 and how it allows you to try and show that the ‘unjustifiably harsh test’ can apply to other dependent family members, including children from previous relationships.
48mins 24s: Priya explains how the Home Office/tribunal must also consider proportionality under Article 8.
49mins 56s: Louis and Priya discuss supporting evidence, including how best to provide medical or country expert.
55mins 15s: Louis talks about how sometimes, when you are apply, you are really looking forward to a likely refusal and preparing an appeal.
1hour 10s: Priya discussed Home Office policy guidance which gives examples of what can constitute insurmountable obstacles or unjustifiably harsh consequences.
1 hour, 1 min, 50s: Priya and Louis talk about how the relative merits of making an appeal or submitting a new application, if your first application is refused.
You can find more about Priya, including her contact details, here. Incidentally, her twitter account is here.
For anyone who wants to read up on the Court of Appeal case of Lal, which Priya mentioned a few times, it is here.
More Immigration Law podcasts.
Sponsor Licence Compliance: A View from the Other Side, with Ashley Serr
In this podcast, Louis interviews Ashley Serr about sponsor licence compliance.
Louis MacWilliam – How to Make a Successful Spouse or Partner Visa Application
In this podcast, Truth Legal’s Head of Immigration, Louis MacWilliam, advises in detail on how to make a successful spouse or partner visa application.