We value your time. After the consultation, we will let you know what the next steps are. We will request the documents we need, and only call you when necessary. We are proactive, will update you on your case as soon as we have any news so that you don’t need to call, meaning you can rest assured that no actions are needed from your side.
We haven’t forgotten about you, but we believe you’d rather spend time doing something that really matters than on the phone with a lawyer.
Our immigration team achieved great success in representing a client in her appeal against the Home Office’s decision to refuse issuance of the Residence Card as an extended family member of an EEA national.
Our client, a Ukrainian national entered the UK as a Family Permit holder and was residing in the UK as an extended family member of an EEA national (her father-in-law was Portuguese). Our client lived with her husband and son, whose residence in the UK was also dependent on the same EEA national.
The Immigration Rules regarding long residence provide that Applicants who have resided in the UK continuously and lawfully for 10 years are entitled to apply for indefinite leave to remain.
This begs the question: what if I have a gap in my lawful residence?
The Immigration Rules state as follows: 276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
Our client, a non-EEA national, initially obtained a residence card as the spouse of an EEA national. Our client subsequently divorced from his EEA national spouse and obtained a residence card under the Retained Rights route. The client then applied for permanent residence, which was refused and a subsequent appeal was dismissed by First-Tier Tribunal as the Judge wrongly thought the client needed to be a qualified person, not his EEA national spouse during the time their marriage lasted. Permission to appeal on this basis was granted.
Sterling Law has successfully challenged a decision by Student Finance England to refuse a student loan to a settled non-EU national because it was not believed that he met the lawful residence requirements.