We recently received the exciting news that our client (the Applicant’s) appeal at the first tier tribunal was allowed. This means that the Home Office will be directed to grant the Applicant indefinite leave to remain. The Applicant’s indefinite leave to remain application was refused on the grounds that the Applicant’s continuous leave had come to an end when she departed the United Kingdom to make a fresh student visa application after her in-country application was refused on a technicality. The Home Office claimed the Applicant did not meet the deadline to submit the fresh application and refused the Applicant’s application. It was clear from the onset that the Home Office had made numerous errors in calculating the Applicant’s continuous leave in the United Kingdom. The refusal letter also had several typographical errors i.e. incorrect dates and facts.
Background to indefinite leave to remain long residency appeal at First Tier Tribunal
The Applicant was from a commonwealth country and had applied for indefinite leave to remain on the grounds of long residency. The Applicant had spent 10 years in the United Kingdom on a number of different visas (student and work visas). The Applicant’s application was refused on the grounds that her continuous leave broke when one of her student visas were refused. The Home Office alleged that the Applicant failed to meet the deadline in either appealing or submitting a fresh application. However, after a detailed investigation into the refusal letter, we discovered that the Home Office had miscalculated the dates and in fact the dates on their database were incorrect. The Applicant had evidence that her application was submitted in time. On the day of the hearing, the Home Office conceded and offered to withdraw their refusal decision with a view to making a fresh decision. We declined their offer and asked the judge to make a written decision in allowing the appeal as this would ensure the case is resolved for once and all. If the Home Office reconsidered they may have refused the application on a different basis and we did not trust they would get it right the second time around. This case is a perfect example of why it is important to check dates and facts and not rely on information provided by the Home Office.
Absences which will not break the continuity of leave in your indefinite leave to remain long residency application
There is a misconception that anytime spent abroad will constitute a break in continuous residence or if an application is refused that this will break the continuous leave. Continuous residence is the time spent in the United Kingdom and continuous leave is having legal permission (a valid visa) to be in the United Kingdom. Applicants are entitled to spend time abroad as long as they do not spend any more than 180 days in a consecutive 12 month period overseas. In total in the qualifying period (10 years) Applicants should not have more than 540 days absences unless there are serious and compelling circumstances for the absences i.e. family bereavements, serious illness of the Applicant or a family member, employment outside the United Kingdom (if directly involved with activity in the United Kingdom), or a natural disaster preventing the Applicant from returning to the United Kingdom. Whilst it is true Applicants are required to have a valid visa for the entire qualifying period there are some circumstances which cover an Applicant even if they do not have a visa. For example, if an Applicant’s leave expired on 20 June 2018 and the Applicant submitted another application on 15 June 2018 and it was refused the Applicant would have had 14 days to submit an in-country appeal or a fresh application. If the fresh application was submitted before the prescribed 14 days there would be no issues regarding the continuous leave requirement. For more information on continuous residence or continuous leave please call our immigration to arrange a consultation meeting.
How to apply for indefinite leave to remain long residency?
In order to apply for indefinite leave to remain under the grounds of long residency, Applicants must meet the requirements listed under Paragraph 276A of the Immigration Rules. In addition to the Immigration Rules Applicants must be aware of the Home Office policy guidance as this document provides further information on how the requirements can be met. The policy guidance also provides information on areas not covered by the Immigration rules such as definitions of key terms. The basic requirements for indefinite leave to remain under the long residency route is that Applicants must show at least 10 years continuous lawful residence in the United Kingdom, must have regard to the public interest and there are no reasons why it would be undesirable for an Applicant to be given indefinite leave to remain on the ground of long residence and must show sufficient knowledge of the English language and Life in the UK. The Home Office will also take into consideration an Applicants age and strength of connections in the United Kingdom, personal history, including character, conduct, associations and employment record and domestic and compassionate circumstances.
Our Solicitors and Barristers regularly assist Applicants with successful indefinite leave to remain 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 long residency appeal
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 residency appeal.
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 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 residency appeal is successful.
Successful Indefinite Leave to Remain long residency appeal
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 appeal before your matter even reaches the Home Office UK Visa & Immigration department for reconsideration. We can assist you with the preparation and submission of your indefinite leave to remain long residency appeal 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 residency appeals. 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.