We recently received some delightful news that our client’s (the “Applicant”) indefinite leave to remain reconsideration had been approved by the Home Office and she had been granted indefinite leave to remain. This particular case had a complex immigration history and a Case Management Review (CMR) and a substantive hearing had been listed at the Upper Tribunal. The Applicant came to us with a refusal of her indefinite leave to remain application. The Applicant was informed that her case had a 40% chance of success via an appeal. The Applicant’s indefinite leave to remain application was refused on the basis that she had too many absences from the United Kingdom. In total the Applicant had over 740 days absent from the United Kingdom. After months of ongoing communication with the Home Office Presenting Officer (HOPO) the Applicant finally won her uphill battle.
Background to Indefinite Leave to Remain Long Residence reconsideration
The Applicant had applied for indefinite leave to remain and her application was refused on the basis that she had exceeded the permitted absences of 540 days in her 10-year qualifying period. The Applicant had built up over 740 days’ worth of absences in her qualifying period. Whilst there is discretion available for the Home Office to exercise on these types of applications, the caseworker reviewing this particular decided that there no reasonable explanation behind the Applicant’s absences. We appealed the decision at the First Tier Tribunal submitting strong grounds of appeal challenging the Home Office’s decision to refuse the application. The Applicant’s appeal was allowed on the grounds that the Home Office failed to take into account the exceptional circumstances in this particular case. The Home Office submitted an application to appeal the First Tier Tribunal’s decision on the basis that the First Tier Tribunal judge had made an error of law. The Home Office argued that there was no information or documents submitted with the application to show the exceptional circumstances behind the Applicant’s absences.
The Home Office were granted permission to appeal at the Upper Tribunal and a substantive hearing was set. The Upper Tribunal judge reviewed the Applicant’s Rule 24 response and declared that this was a difficult case because the Applicant did have exceptional reasons for her absences but also held that the information was submitted with the initial application, therefore, the Home Office, in theory, was correct to refuse the application. However, the judge was uneasy in dismissing the Applicant’s appeal and adjourned the hearing. The Upper Tribunal judge stated that the matter would be listed at the Upper Tribunal again for a CMR and then a substantive hearing. However, the judge also directed that we provide the new information regarding the Applicant’s absences to the Home Office to consider before the CMR and hearing.
Following the directions, we submitted further representations and documentary evidence to the Home Office to reconsider. After a week, the Applicant withdrew their appeal and granted the Applicant indefinite leave to remain.
When can you apply for reconsideration?
The Home Office has introduced the reconsideration option to avoid wasting costs on appeal matters and to save time. You can apply for reconsideration if you have appealed a decision at the First Tier Tribunal. The purpose of the reconsideration process is for Applicants to provide new information/evidence to the Home Office to consider. The Home Office will review the information/evidence and make a decision on how they wish to proceed. In our experience, if a strong reconsideration is submitted with strong evidence it is likely the Home Office will withdraw their original decision and grant the application.
What are the requirements for Indefinite Leave to Remain Long Residence?
To successfully apply for indefinite leave to remain under the Long Residence route Applicants must meet the following requirements:
- Show at least 10 years continuous lawful residence in the United Kingdom;
- Must have regard to the public interest there are no reasons why it would be undesirable for you to be given indefinite leave to remain on the ground of long residence;
- Must show sufficient knowledge of the English language and Life in the UK.
The Home Office will take into consideration the following:
- Age and strength of connections in the United Kingdom;
- Personal history, including character, conduct, associations and employment record;
- Domestic and compassionate circumstances.
Our Solicitors and Barristers regularly assist Applicants with successful indefinite leave to remain (Long Residence) applications. Contact us for a detailed case assessment on your case or if would like some assistance in the preparation and submission of your application.
Using Legal Representation to submit an Indefinite Leave to Remain Application (Long Residence)
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 an Indefinite Leave to Remain application (Long Residence).
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 Indefinite Leave to Remain (Long Residence) 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 Indefinite Leave to Remain (Long Residence) application meets the Immigration Rules.
Successful Indefinite Leave to Remain (Long Residence) Application
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 Indefinite Leave to Remain (Long Residence) application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Indefinite Leave to Remain 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 Indefinite Leave to Remain (Long Residence) 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.
Contact our London immigration solicitors on 02071830570 or complete our contact form.