Our expert immigration lawyers were recently instructed to represent a client (“the Appellant”), who wished to appeal against the Home Office’s decision to refuse his application for Indefinite Leave to Remain in the UK under paragraph 276A of the Immigration Rules. The Appellant is a national of a non-EEA country and had been residing in the UK with over 10 years of lawful leave to remain. After receiving the Appellant’s instructions in an initial consultation with our expert immigration lawyer, we were instructed to appeal to the First-tier Tribunal against the Home Office’s decision to refuse the Appellant Indefinite Leave to Remain.
During our retainer, our immigration team worked closely with Counsel to ensure that the Appellant’s case was prepared to the highest standards. Last week, in a determination from an immigration Judge at the First-tier Tribunal, we received news that the Appellant’s appeal was allowed on human rights grounds (Article 8 of the European Convention on Human Rights) outside the Immigration Rules. The Appellant now hopes to continue to reside in the UK where he has established a successful business.
Home Office: Reasons for Refusal
The Appellant had lived in the UK since early 2000 during which time he had studied in the UK and established his own business venture and a large social network of friends. There were times during his long residence that he had left the UK due to personal circumstances. There were therefore gaps in his long residence when he had been absent from the UK (for 540 days)
The Home Office reviewed the Appellant’s case in line with their rules and guidance. The First-tier Tribunal found that the Home Office should have exercised their discretion to grant the Appellant Indefinite Leave to Remain, given the gaps in his long residence were due to matters out of his control.
The Home Office reviewed the Appellant’s case and considered the following:
- his age;
- his strength and connections he has to the UK;
- his personal history including character and employment record;
- his domestic circumstances;
- his compassionate circumstances and representations submitted on behalf of the appellant.
First-tier Tribunal: Determination
The immigration judge in the First-tier Tribunal considered the above factors and by considering the matter fairly decided that the Appellant would be an asset to the country. The immigration judge was persuaded by submissions from Counsel and exercised his discretion to find that the Appellant’s case should have been considered outside the rules. Taking into consideration the relevant case law, the learned Judge allowed the Appellant’s appeal.
UK 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.