Applicant who has resided in the UK for 20 years continuously granted leave to remain in the UK

Leave was granted in under 3 months.

Successful Article 8 Human Rights Application under paragraph 276ADE (1) of the Immigration Rules, which provides for Applicants who have resided in the UK for a period of 20 continuous years to be granted leave in the UK:

Paragraph 276ADE (1) (iii)

276ADE (1). The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:

(i) does not fall for refusal under any of the grounds in Section S-LTR 1.1 to S-LTR 2.2. and S-LTR.3.1. to S-LTR.4.5. in Appendix FM; and

(ii) has made a valid application for leave to remain on the grounds of private life in the UK; and

(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment)

However, the difficulty many Applicants face in making an application under 276ADE (iii) is one of evidence. The burden is on the Applicant to show that they have resided in the UK for at least 20 years continuously when submitting an application. Therefore, it is key that any applications under 276ADE (iii) are accompanied by sufficient evidence.

This did not prove to be an issue for our client as, due to the meticulous and thorough work of Oksana Demyanchuk and her team, the Applicant was able to submit more than sufficient evidence to satisfy the Home Office that they met the requirements of 276ADE (iii), whose application was approved by the Home Office at the first instances in under three months.

In granting leave to remain, the Home Office noted that

“we are satisfied that you meet the requirements of paragraphs 276ADE (1) of these Rules”.

This means that now, after 20 years of uncertainty our client has the leave to remain in the UK.

 

Contact us should you have any immigration related question:

 

Oksana Demyanchuk

Email: oksana@sterling-law.co.uk

Tel. 020 7822 8535

 

Michael Carter

Email: michael@sterling-law.co.uk

Tel. 020 7822 8535