UK Case Study: Successful Further Leave To Remain Application

Our expert immigration lawyers were recently instructed to represent a client (the Applicant), who wished to make an application to remain in the UK under Appendix FM of the Immigration rules as the unmarried partner of  a British Citizen. The Applicant is a national of a non-EEA country and had been residing in the UK for almost 5 years after being granted Entry Clearance as a Points Based migrant. The Home Office had made several decisions to refuse the Applicant’s applications for Leave to Remain in the UK mainly due to insufficient evidence and poor representations by previous representatives. After receiving the Applicant’s instructions in an initial consultation with our expert immigration lawyer, we were instructed to make a Further Leave to Remain application.

During our retainer, our immigration team worked closely with the Applicant to ensure that his case was prepared to the highest standards. Just in time for Christmas in a decision from the Home Office, we received news that the Applicant’s application was successful and he was granted Leave to Remain. The Applicant now hopes to continue to reside in the UK where he has established a private family life with his partner and young children.

Home Office Reasons for Refusal

The Applicant first entered the UK around 5 years ago as a Points Based migrant. The Applicant then made further applications to extend his leave but unfortunately was unsuccessful. The Home Office refused the Applicant’s application and were not satisfied that the Applicant had met the requirements of the Immigration Rules.

Following the refusal, the Applicant appealed to the First-tier Tribunal against the Home Office decision but the appeal was dismissed. The Applicant subsequently made an application to the First-tier Tribunal for permission to appeal to the Upper Tribunal which was refused. The Applicant then made a further application to the Upper Tribunal for permission to appeal which was also refused. The Applicant was dismayed following the rejection of his immigration matter at both the First-tier Tribunal and Upper Tribunal and had incurred substantial legal fees.

Facts of Case

The Applicant had met his partner (the Sponsor) a British national when he arrived in the UK and their relationship had developed into a romantic one. The Sponsor soon fell pregnant and wished for the Applicant to continue living in the UK with her and her family. The Home Office reviewed the Applicant’s case in light of our detailed legal representations which highlighted other similar case law as precedent and formed the opinion that the family should not be separated and granted the Applicant Further Leave to Remain.

Home Office Decision

The Home Office decision maker considered our legal representations and submissions and decided that the Applicant would be an asset to the country. The Home Office decision maker was persuaded by the legal representations made by our expert immigration solicitors and found that the Applicant meets the requirement of the immigration rules as per Appendix FM. Taking into consideration the relevant rules, the Home Office allowed the application and granted the Applicant Further Leave to Remain.

UK Expert Immigration Solicitors

If you have had a visa application refused 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 the application process step by step and limit the possibility of failure by complying with the strict letter of the law.

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 02071830570 for a telephone assessment and case assessment.

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