Tag: Leave to Remain

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

 

Appeal allowed for a further leave to remain based on private life in the UK and financially dependent child

Nollienne Alparaque and the team were recently successful in an appeal case in the First-tier Tribunal.

In this case, the client has appealed against the refusal for a further leave to remain in the UK, in which they heavily relied on their private life in the UK and their financially dependent child of 20 years of age. The applicant is financially self-sufficient and has owned her business for over ten years. The client’s son is a University student, who failed to obtain a student loan to pay his university fees, as he did not have a three year visa. Due to not being able to finance his own education, as he has no savings and assets, the client’s son seeks full financial support from his mother during his university years.

The judge has considered the fact that the applicant’s son has been living with his mother before going to university, and continues to do so throughout his university years, as he is wholly reliant on his mother and does not lead an independent life. Furthermore, it was found that there is a clear financial and emotional dependency enabling the applicant’s son to complete his education without the applicant’s support. The judge noted that if the client had to leave the UK, she would not be able to run her business, which would make it no longer possible to generate the income required to support and pay for her son’s university education.

The outcome of this appeal was successful, as the judge ruled that under those circumstances it would be a breach of the right to a family life and the client’s son would be deprived in the event of his mother’s removal from the UK to pursue his education and career.

Appeal withdrawn by the Home Office after reviewing the grounds and supporting documents

Due to the outstanding work of Oksana Demyanchuk and her team, another client of Sterling Law was saved from going through the lengthy and stressful appeal process. The Home Office withdrew the decision that was to be subject of appeal.

The appeal was due to be heard in November 2018. However, 3 months prior to the scheduled hearing date (in August 2018), the Home Office withdrew their decision. This was done upon reviewing the documents submitted in support of the appeal.

In doing so the Home Office instructed that leave to remain should be granted to our clients.

The Home Office conceded that the original decision was not appropriate and appeal should be withdrawn accordingly. It was down to the strength of the grounds of appeal drafted by Oksana Demyanchuk and her team.

The clients had originally applied for leave to remain in the UK on private and family life grounds. Their 2 children were born in the UK and have lived in the country for over 7 years continuously. The parents therefore asserted that it would be unreasonable for the family to leave the UK.

The initial application was refused and an appeal against the decision was lodged

The grounds asserted that in particular, there were no powerful reasons that required the removal of the children and so the decision was unlawful. An appeal bundle with countless documentary evidence was provided to the Home Office. Upon review of the documents together with the grounds of appeal, it was decided that a grant of leave was appropriate.

This excellent news mean that the clients will not be required to go through the costly and stressful process due to the hard work and dedication of Oksana Demyanchuk and her team.

 

Should you have any further questions, or would like to discuss your personal matter, please do not hesitate to contact us directly:

Oksana Demyanchuk

Email: oksana@sterling-law.co.uk

Tel. 020 7822 8535

 

 

 

UK Immigration Assistance

For expert advice and assistance in relation to your particular immigration case and to enquire about the immigration and legal fees, please contact our immigration lawyers on Tel. +44(0)20 7822 8535, Mobile / Viber: +447463382838, or via our online appointment booking form.

UK-Born Child Diagnosed with Autism Granted Leave to Remain

A child diagnosed with autism was granted permission to stay in the UK after initial refusal by the Home Office.

Oksana Demyanchuk, Immigration Lawyer at Sterling Law, and her team appealed to the Immigration Tribunal a refusal of the Home Office in order to protect rights of the child. Parents of the child, both Ukrainian nationals, were also initially refused to stay in the UK.

Their son was born in the United Kingdom and was diagnosed as autistic. The boy, aged 7, has never been to Ukraine and communicates in English with very limited understanding of the Ukrainian language. Moreover, the child requires special care, support and has additional educational needs. These would not be adequately met in Ukraine.

These obstacles were initially ignored by the Home Office which served as the basis for the refusal.

It was also claimed by the Home Office that parents failed to provide sufficient evidence that child’s safety and welfare might be compromised if the family returns to Ukraine.

After seeking advice from Sterling Law the family was able to collect more evidence related to the case.

Appellants provided NHS records containing evidence of communication difficulties. They stated that the child would benefit from future advice and consultations. Additionally, the parents enclosed the letter from child protection and family services officer from the child’s school.

The letter acknowledged that the diagnosis would affect every aspect of learning and life. It will also impact the boy’s mental health and well-being if he returns to the country of origin of his parents. It was also proved that in this case the child will not have access to the same level of language and speech support.

The judge acknowledged the difficulties the boy would encounter upon return to Ukraine, such as cultural and language adaptation challenges. It was ruled, that it is in the best interest of the child to stay in the UK together with his parents. The family therefore was granted leave to remain.

The appeal was allowed under the Immigration Rules and on human rights grounds.

It was also stated that the previous decision to refuse permit contradicted the Home Office’s own policies.

Should you have any further questions, or would like to discuss your personal matter, please do not hesitate to contact us directly:

Oksana Demyanchuk

Email: oksana@sterling-law.co.uk

Tel. 020 7822 8535

 

 

 

UK Immigration Assistance

For expert advice and assistance in relation to your particular immigration case and to enquire about the immigration and legal fees, please contact our immigration lawyers on Tel. +44(0)20 7822 8535, Mobile / Viber: +447463382838, or via our online appointment booking form.