Taking the immigration history
As with any area of immigration advice it is essential to take a detailed immigration history for your client to help you identify grounds for an appeal. This may be difficult if your client is not in the UK and may mean you are reliant on a third party who is often the sponsor. Ideally you should get copies of the following documents:
Passport with copy of all pages for applicant and sponsor with UK immigration stamps/entry clearances and the information page Refusal notice The completed form Copies of all supporting documents submitted with application Written summary of questions asked if entry clearance application
You will need to find out the following:
Date of application and refusal Purpose of application Previous visits/stay in UK Previous refusals Any breaches? Does applicant meet requirements of immigration rules? Is there a policy/concession upon which they can rely? Is the refusal based on lack of evidence? Is that evidence available? Are there any exceptional/compelling circumstances? Does s/he have any reason not to return to home country and/or human rights grounds?
In addition to an awareness of possible claims under the policies/rules and Human Rights grounds you should always consider the following rules when taking the immigration history of the client:1. Where a person is seeking leave to remain, they will be required to previously have had leave to enter. Many rules will also prohibit 'switching'. 2. Where a person is seeking leave to enter, they will generally be required to have entry clearance unless they are not a visa national and the category of admission does not require entry clearance. Without entry clearance there is no ' in country' right of appeal. 3. A person on appeal is entitled to raise rules not relied on in the original application.