We recently received the good news that our client (“the Applicant”) has been granted further leave to remain in the UK. As the Applicant did not meet all of the eligibility requirements under the Immigration Rules for her application, our Immigration Team put forward detailed representations outlining her exceptional circumstances as to why she should not be refused leave. The Applicant was granted 30 months Further Leave to Remain in the UK and therefore on the 10-year settlement route.
The case for Further Leave to Remain in the UK
The Applicant is an Albanian national who initially entered the UK without any valid visa status. She then became the unmarried partner of a British citizen and they have since had 2 children together, who are also British. It was on this basis that the Applicant acquired valid leave to remain in the UK. The Applicant instructed us a couple of months before her 30 months leave to remain was due to expire, in order to give us enough time to thoroughly review all of her supporting documents and prepare a strong application and further representations. It is also important to pay the correct Immigration Health Surcharge (IHS) fee, otherwise, failure to do so could result in an application for further leave to remain in the UK to be returned as invalid.
It is always best to ensure that you meet all of the eligibility requirements for your UK Visas and Immigration application. It is only in the most exceptional circumstances where the Home Office can decide to exercise their discretion to grant a period of further leave to remain on the 10-year settlement route in cases where not all of the eligibility requirements are met. This is usually in the case where it is deemed that denying a person further leave to remain would be an infringement on their right to private and family life under Article 8 of the European Convention of Human Rights. Contact our specialist immigration team to book a consultation to assess whether you meet the requirements for further leave to remain in the UK or whether you have Article 8 arguments.
What is the Further Leave to Remain 10-year route to UK settlement?
The 10-year route to UK settlement as a partner or parent of a British citizen or person with settled status in the UK is when the Applicant can meet all of the suitability requirements under the Immigration Rules, but cannot meet all of the eligibility requirements that would otherwise qualify them for the 5-year settlement route. Under the 10-year route, Applicants will need to make an application for further leave to remain to extend their stay for a further 30 months, for 10 years before they can apply for indefinite leave to remain, providing they can then meet all of those requirements.
This long residence route can also be used for those in “exceptional” and “compassionate” circumstances. Applications for UK settlement on the 10-year route cannot be made from outside the UK and must be made from within the UK. Time the Applicant has spent in the UK with 3C leave also counts towards lawful residence.
Using Legal Representation to submit a Further Leave to Remain Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Further Leave to Remain application outside the Immigration Rules.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application has the greatest chance of success.
Successful Further Leave to Remain Applications
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration Application and ensure that you meet all the requirements of the relevant rules.
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. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your Further Leave to Remain Application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.