Our expert immigration lawyers were recently instructed to represent a client (“the Appellant”), who wished to appeal against the Home Office’s decision to refuse her entry clearance to the UK, as an Adult Dependent Relative under Appendix FM of the Immigration Rules. The Appellant is an elderly national of a non-EEA country who has been residing in an EU country for some time, away from her family who are present and settled in the UK. After receiving the Appellant’s instructions in an initial consultation with our expert immigration lawyer, we were instructed to appeal against the Entry Clearance Officer’s decision with the First Tier Tribunal.
During our retainer, our immigration team worked closely with Counsel to ensure that the Appellant’s case was prepared to the highest standards. Last week, in a determination from an immigration Judge at the First Tier Tribunal, we received news that the Appellant’s appeal was allowed on human rights grounds (Article 8 of the European Convention on Human Rights). Our client now hopes to travel to the UK where she will be reunited with her family and spend her formative years with them.
Facts of Case
For many years, the Appellant had lived in the UK with her husband, a British national and their children. After her divorce, she left the UK and when she remarried, she began residing in an EU country. Following her husband’s death, her family continued to visit her and they tried to maintain a difficult long distance relationship. Unfortunately, the Appellant, who lived alone, had a long history of suffering from physical ailments and as she grew older, her condition worsened.
The Appellant, who was financially independent was often visited by carers but did not receive the level of personal care expected by her family in the UK and after some discussion they expressed their wishes to sponsor her to reside with them so they could take care of her day to day needs and give her the emotional support she needed. This led to the Appellant making an application for entry clearance to the UK as an Adult Dependent Relative which was refused and subsequently appealed.
First-tier Tribunal Immigration Judge’s Determination
The immigration Judge in the First Tier Tribunal held that this matter fell beyond the scope of the prescribed immigration rules and it was clear that the Appellant did not meet the same. However, the immigration Judge, following persuasive submissions from Counsel, found that the Appellant’s Article 8 rights had been engaged. Taking into consideration the relevant case law, the learned Judge allowed the Appellant’s appeal.
Expert Immigration Appeal Solicitors
If you have had a visa application refused and you have been given the right to appeal, contact our expert immigration team for legal advice. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through your appeal process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers.
Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our legal case assessment form and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment.