Last week our Immigration Team received the wonderful news that our client (the Applicant) has been granted a further period of limited leave to remain in the UK. As the Applicant did not meet all of the Immigration Rules and requirements for his application, our Immigration Team put forward detailed representations outlining his exceptional circumstances and explained that refusing the Applicant leave would infringe his Article 8 European Convention of Human Rights (ECHR) rights.
The case for a Limited Leave to Remain
The Applicant is an Albanian national who initially entered the UK without the requisite documentation. He had since started a relationship with a British national and they have a young British child together. Before obtaining our services, he had already been granted a period of 30 months limited leave to remain in the UK. This was on the basis of his Article 8 ECHR rights, the right to respect one’s private and family life. The Applicant did not satisfy the accommodation requirements for the partner route as he was not living with his British national partner. However, he because has a parental relationship with their British national daughter; it would be unreasonable to refuse his visa or suggest that his daughter moves to Albania with him in order to continue their relationship. Therefore the Home Office decided to grant the Applicant a further period of 30 months limited leave to remain.
It is always best to ensure that you meet all of the requirements for whichever UK Visas and Immigration application you are making. It is only in the most exceptional circumstances where the Home Office can decide to exercise their discretion to grant a period of limited leave to remain.
What is Limited Leave to Remain?
If an Applicant does not meet all of the Immigration Rules for their application, but there are exceptional circumstances to the case and denying the Applicant leave in the UK would breach their Article 8 ECHR rights, the Home Office can decide to grant a period of 30 months limited leave to remain. The relevant Home Office guidance provides that:
“If an applicant solely for the 10-year private life route does not otherwise meet the requirements of those Immigration Rules, the decision maker must move on to consider whether, in light of all the information and evidence provided by the applicant, there are exceptional circumstances which would render refusal a breach of ECHR Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family. Where there are, leave to remain outside the Immigration Rules should be granted, on a possible 10-year route to settlement”.
If an Applicant wishes to apply for settlement (also known as Indefinite Leave to Remain) in the UK and they have been granted limited leave, then they will have to make a fresh application every 30 months for 10 years to then be able to qualify for settlement.
Our specialist Immigration Team prepares detailed and comprehensive representations to accompany applications that are made outside of the Immigration Rules in order to explain the Applicant’s exceptional and compelling circumstances. If you do not meet all of the Immigration Rules but feel you have exceptional and compelling circumstances as to why you think you should be granted leave in the UK based on your Article 8 ECHR rights, then contact our Immigration Team today to book a consultation to discuss your matter further.
Using Legal Representation to submit a Limited 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 Limited 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 Limited Leave to Remain 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 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 UK Standard Visitor Visa Application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.