Successful Appeal to Immigration & Asylum First-tier Tribunal – Leave to Remain

Our team of expert solicitors recently assisted a client (the Appellant) submit a successful appeal to the Immigration and Asylum First-tier Tribunal, challenging a Home Office decision denying the Appellant leave to remain as a partner of a British Citizen.  In our initial consultation, we discovered the Appellant had a complexed immigration history that added to the difficulties in submitting a successful appeal. However, after months of hard work and dedication, our team of solicitors and barristers were able to get the Home Office decision overturned and the appeal allowed. Our client was ecstatic with the outcome and she has now been granted her leave to remain in the UK.

The case for Leave to Remain in the UK

In our initial consultation, we addressed the issues surrounding the Appellant’s immigration matter. It was evident from the outset that despite her complex immigration history, the Appellant had strong merits for an appeal as it was clear the Home Office had interfered with the Appellant’s Article 8 ECHR rights in a way which was disproportionate and not in accordance with the Immigration Rules and relevant legal authorities. After discussing the matter with our expert solicitors, the Applicant was reassured that our solicitors often assisted clients in similar situations to hers. The Applicant instructed us to prepare and assist her with the submission of her appeal to the First-tier tribunal.

The Appellant was a Filipino national who first entered the UK on a Work permit in (replaced by the Tier 2 visa categories). The Appellant then applied for an extension and was granted further leave to remain. Due to unforeseen circumstances, the Appellant could no longer continue to work and therefore applied for leave to remain on the basis of her relationship with her partner, who was a British Citizen. The Appellant’s application was refused with no right of appeal. The Appellant then submitted a fresh further leave to remain but this was also refused under Appendix FM and paragraph 276ADE of the Immigration Rules. This time she was given a right of appeal and exercised it.

How we can assist submit a successful Appeal to the Immigration & Asylum First-tier Tribunal

In this particular case, our solicitors and barristers were able to draft comprehensive and strong grounds of appeal challenging the reasons the Applicant’s application was refused, prepared a detailed, structured, indexed and paginated bundle of documents which were relied upon at the appeal hearing and drafted a comprehensive and strong witness statement in support of the Applicant’s appeal. These were the key ingredients towards the success of the Applicant’s appeal as the barrister representing the Applicant was well-prepared to argue her case at the Tribunal and persuade the Tribunal to allow the appeal in her favour.

Our solicitors and barristers successfully guided the Applicant through the appeal process ensuring the Appellant was kept up to date with the progress of her appeal. In addition to this, we also assisted the Appellant gather essential documentary evidence, providing multiple substantial reviews of her documents to give her the best chance of overturning the Home Office decision which denied her the right to be with her partner in the UK.  In our review process, we often discover that some of the documentary evidence provided is not sufficient or in fact may have an adverse effect on the outcome of the appeal, therefore, it is critical the correct documentary evidence is provided.

Applicable for Leave to Remain as Partner of British Citizen

To make a successful leave to remain application on the basis of your relationship with a British citizen, there are a number of stringent requirements which must be satisfied. Please see some of the requirements below;

• Your partner must be a person settled in the UK or hold British citizenship;
• Your previous relationship/marriage must have been terminated;
• You must be able to demonstrate that you have been in an ongoing relationship for a period in excess of 2 years or are married or in a civil partnership;
• You should have sufficient knowledge of Life in the UK and have passed an English qualification at the required level. However, there are some circumstances where you may be exempt from meeting this requirement; and
• Your partner must meet the financial threshold requirement; this varies depending on the route you are applying under. Your application may be considered either under the 10-year route, 5-year route or the 2-year route.

However, you should note that there are numerous ways you can satisfy these requirements. It is imperative you obtain the correct guidance before submitting any application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal.In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements.

Advice from UK Immigration Solicitors on submitting a successful Appeal

Our team of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK appeal to the First-tier Tribunal or Upper Tribunal. We can assist you with the preparation of your appeal and ensure that you have the best chance of success.

If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

If you need professional legal advice about submitting a successful UK Visa application please contact us for a case assessment on 02030110276. You can also reach us via our contact form.