UK Case Study: Successful Further Leave to Remain as a Student

Recently, our Immigration team were instructed by a client (“the Applicant”) in his appeal for Further Leave to Remain as a student. The Applicant was a non-EU national who entered the UK in 2003 as a dependent of his parents. He obtained a Tier 4 Student visa which was valid for three years and before the expiration applied for Further Leave to Remain under the same category, which was subsequently refused. However, after appealing the Home Office’s decision the Applicant was granted Discretionary Leave to Remain in order for him to complete his course of study. Before the Applicant’s Discretionary Leave expired he applied for Further Leave to Remain which was subsequently refused with a right to appeal.

Facts of the Further Leave to Remain Immigration Case

Our expert Immigration Solicitors reviewed the Applicant’s immigration case and after having a detailed consultation with the Applicant they were instructed to prepare his appeal for Further Leave to Remain. The reason the Applicant’s visa application was refused was due to the fact that Home Office had found that there was a period of time that the Applicant was living in the UK unlawfully. Although this was unknown to the Applicant himself as he was 16 years old at the time. Our Immigration team lodged an appeal at the First-tier Tribunal on behalf of the Applicant and when they received a notice of hearing they prepared a hearing bundle with the requisite documents that highlighted his education in the UK. The documents showed that the Applicant was doing valuable research now that he had graduated and furthermore showed his ambition as he had become a director of a restaurant.

In addition, to the preparation of the documents the Immigration Solicitors prepared witness statements that allowed the immigration judge to fully understand the complex circumstances of the Applicant’s immigration history. The Immigration Judge took all these points into account and was in favour of the Applicant. The judge formed the view that the Applicant was a hardworking young man carrying out an important function as a researcher thereby making a substantial contribution to society as a whole and was not at fault of what the Home Office was accusing him of.

Expert Immigration Appeal Solicitors

If you have had a visa application refused and you have been given the right to appeal, 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 your appeal process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers.

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 0845 8622 529 for a free telephone assessment and free case assessment.

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