Our client, a Ukrainian national, came to the UK many years ago on a visit visa and has stayed here since then. She lives with her daughter and her granddaughter who has been diagnosed with severe autism. Due to the child’s particular needs, our client provides round the clock care to her granddaughter for many years. She applied for leave to remain under Article 8 ECHR but the application was refused.
The Home Office stated that our client does not meet the Rules and the daughter could be helped by local authority care.
Sterling Law successfully appealed this refusal outside the Immigration Rules on the Human Rights grounds.
The judge adopted the entire skeleton argument from our lawyers as his own findings and accepted that:
- The granddaughter has formed the closest bond with her grandmother;
- The child has a very complex set of very special needs;
- The grandmother fulfils a parental role in upbringing her granddaughter;
- The Social Worker cannot find any replacement for Granny;
- It would be extremely cruel to take the central figure away from the child and the removal would be disproportionate in terms of both private and family life.
Thus, the Judge allowed the appeal on the Human Rights grounds. Our client not only obtained legal status in the UK but also got a chance to remain with her granddaughter and continue to provide her with necessary support and love.
Contact us should you have any immigration related question:
+44 (0) 207 822 8535