Case Study Three: A Marriage Disputed To Be Genuine

27th January 2016 by

In this immigration case, our client, an Egyptian national, approached us seeking assistance in gaining permission to live alongside his British wife in the UK.

Our client had met his wife, who was significantly older than him, whilst she was on holiday in Egypt. They began a relationship and later married in Egypt, the country where they had met.

Applying to live in the UK as a spouse

Shortly after the wedding, the wife of our client sponsored him to join her in the UK to live as her spouse. The applicant satisfied both the financial and accommodation requirements imposed by Part 8 of the UK Government’s Immigration Rules. These state that applicants must have adequate accommodation and be able to maintain themselves without recourse to public funds.

Despite our client meeting these conditions, the application was declined by the Home Office upon the decision that the marriage was not genuine. The core reason for this judgement was that the husband and wife did not share a common language. Our client could not yet speak proficient English and his wife spoke very little Arabic.

The outcome of the case

We appealed the decision successfully. In court, the wife of our client had given significant evidence that later persuaded the Judge to allow the appeal and decide that a common language was not the only deciding factor in whether or not a marriage was genuine.

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