Our client, a national of Uzbekistan, applied for indefinite leave to remain in the UK to join her mother, who was settled in the UK. Although the client was living in Uzbekistan with her grandparents, her mother while living in the UK had continued to provide financial care for her daughter as well as remaining responsible for the major decisions in her life.
In accordance with paragraph 297 of the Immigration Rules the requirements to be met by our client seeking indefinite leave to enter the United Kingdom as the child of a parent present and settled in the United Kingdom are that:
(e) this parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing.
The Home Office refused our client’s application on the basis that:
at the very least the client’s care had been shared between her mother and her grandparents (since she was living with them), as a result, her mother could not show sole responsibility.
An appeal was lodged with the First-tier Tribunal (IAC) against the refusal. While waiting for an appeal date, our client turned 18 years of age. However, this did not affect our client and Sterling Law successfully appealed the decision.
In view of all of the evidence submitted in support of the appeal, which was thoroughly prepared by Oksana Demyanchuk and her team, the judge found that
- the sponsor [client’s mother] has had sole responsibility for the appellant;
- that responsibility lasted for a significant period of time;
- therefore, the appellant satisfies the provision of 297(i)(e) and the appeal should be allowed on the human rights grounds.
Thus, after around a year of uncertainty, our client is able to join his mother in the UK.
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