Month: August 2019

FAMILY REUNION IN THE UK

PARENTS ARE ABLE TO JOIN THEIR CHILD WITH A REFUGEE STATUS IN THE UK

Our clients, who are Ukrainian nationals, were initially refused to enter the UK. They wanted to join their refugee child who was living in the UK with her grandmother. The grandmother had been struggling to provide adequate care for the child because she also cares for her husband who suffers from complex healthcare needs. The family’s separation was because of the conflict in Crimea, where our clients continued to live during the appeal process.

Sterling Law successfully appealed the aforementioned refusal.

In accordance with AT and another v Eritrea [2016] UKUT 227 (IAC):
Decision to maintain separation of the family is a disproportionate breach of the appellants’ Article 8 rights. The importance of the best interest of the child and the clear interest in maintaining the family unit outweighs the need to maintain immigration control.

The Judge accepted the applicability of the aforementioned case, and thus, despite the fact that

  • neither of the appellants spoke English and
  • both were dependent,

the Appeal was allowed on the basis of Article 8 ECHR and our clients where granted entry clearance in the UK and reunited with their child.

Similar immigration problem? Do you believe the Home Office made a wrong decision? Contact our experienced lawyers for professional advice.

Book consultation here:

Or book a free 15 min phone call with us!

Or just email us:

contact@sterling-law.co.uk

Leave to remain on the basis of private & family life

Leave to remain on the basis of private & family life granted to Oksana’s Demyanchuk client.

Our client, a Ukrainian national, entered the UK in 2011 with her parents and has resided in the country ever since. At the time of the application, she was under 18 years’ old and has been living in the UK for a period of 7 years continuously. Oksana Demyanchuk submitted an application on behalf of the client for leave to remain on the grounds of private and family life. (Paragraph 276 ADE(1)(iv) of the Immigration Rules).

The age of the child and the amount of time spent by the child in the UK were relevant to determining where the best interests of the child lie. The circumstances of our client were that she did not have a valid passport and was unable to obtain one.

 Oksana Demyanchuk has explained in her representations to the Home Office the particular circumstances of our client and submitted the alternative proof of ID.

Finally, the ongoing social and military crisis in Ukraine, including personal circumstances of this particular client meant that it would be unreasonable to expect the family to come back to Ukraine at this time.

 In such a manner, our client’s application was approved and she was subsequently granted leave to remain in the UK by the Home Office. There were no powerful reasons found to prevent the leave from being granted. Notably, it was approved within 3 months, which is very prompt to a case of such a complex nature.

WHEN THE HOME OFFICE SHOULD EXERCISE DISCRETION

Applicants under the Points-based system

  • Tier 4 students,
  • Tier 2 and Tier 5 workers,
  • Tier 1 visa holders,

must strictly comply with all visa requirements and supply certain specified documents in support of their applications. It is clear in “stark terms” under paragraph 39B of the Immigration Rules that ‘if the necessary documents are not provided, an applicant will not meet the requirement for which those documents are required as evidence.’ As a result, an application will not be successful.

 

However, in case of exceptional circumstances the Home Office should exercise discretion. Moreover, since R (Behary & Ullah) v SSHD [2016] EWCA Civ 702, it has been good law that the Home Office is obliged to consider discretional grant [outside of the Rules] ‘when expressly asked to do so’. The categories of exceptional circumstances are not closed. In the guidance, examples are given of what could constitute such circumstances, but each case depends on its facts.

 

For example, discretional leave can be granted if educational provider has its licence withdrawn or revoked during the period between an application for extension of leave as a Tier 4 (General) Student and the Secretary of State’s decision on the application (see Patel (revocation of sponsor licence – fairness) India [2011] UKUT 00211 (IAC)).

 

However, the Home Office is quite strict in exercising discretion, especially, in case of Tier 1 (Entrepreneur) extensions. Recent cases of:

  • R (Prathipati) v SSHD (Discretion – Exceptional Circumstances) [2018] UKUT 427 (IAC);
  • R (Sajjad) v Secretary of State for the Home Department [2019] EWCA Civ 720;
  • Khajuria, R (on the application of) v The Secretary of State for the Home Department [2019] EWHC 1226 (Admin)
  • Asiweh v The Secretary of State for the Home Department [2019] EWCA Civ 13

are good examples.

 

Thus, it is crucial to seek an immigration advice if not before submitting an application straight after receiving refusal. Our experienced Lawyers can assess the merits of bringing a judicial review claim and provide the best Immigration solution in case a judicial review would be waste of your time and financial resources.

 

I cannot provide all the documents to support my visa application, what do I do?

 

Are you currently on student, work, entrepreneur or any other point-based system visa and looking to extend it?

Or are you looking to apply for the first time?

You must strictly comply with the document list to support your application. Usually, the Home Office is very strict on this while they are evaluating your case, and if you do not provide a required document, your application may be refused.

However, sometimes, in case of exceptional circumstances, the Home Office may exercise discretion, and consider a grant.

There are several categories described in the guidance of such exceptional circumstances. However, each case should be evaluated on an individual basis.

Moreover, the Home Office is quite strict in exercising discretion, especially in case of Tier 1 (Entrepreneur) extensions.

We strongly suggest to seek legal advice before submitting such an application.

We can assess your case and evaluate your chances of getting visa.

However, if you already received a refusal, we still can help. Our lawyers will assess the merits of taking your case to the judicial review claim stage. If we think judicial review will not be successful, we’ll provide you other immigration solution.

The case was successful due to efforts of our Immigration Lawyer Oksana Demyanchuk and her team.

oksana@sterling-law.co.uk

+44 020 7822 8535

+44 7 305 966 531