Tag: Leave to Remain

Appeal withdrawn by the Home Office after reviewing the grounds and supporting documents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The Home Office conceded that the original decision was not appropriate and appeal should be withdrawn accordingly.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.