Appeal allowed on human rights grounds

Oksana Demyanchuk, Michael Carter 07.02.2022

Another victory from our the most successful immigration lawyer, Oksana Demyanchuk. Oksana and Michael are our best immigration lawyers with the highest success rate in the firm.

Our client is a mother of three children – one British, and the partner of a British citizen. The family resided together in our client’s country of nationality. Our client then entered the UK with her family as a visitor, along with a group of her student musicians to perform a concert.

While in the UK, our client and her children met with our client’s mother-in-law. Due to her poor health, and the close bond the children formed with her, the family decided to stay in the UK. Accordingly, once our client’s visitor visa expired, she applied to remain in the UK on the human rights grounds as the partner of a British citizen and as the mother of a British child.

The initial application was refused by the Home Office on the basis that the family previous resided outside the UK together and therefore, it was reasonable for the British child to leave the UK, and there existed no insurmountable obstacles to the family leaving the UK.

At this point, the client contact Oksana Demyanchuk to appeal the refusal of the Home Office to the First-tier Tribunal. On the basis of the evidence submitted, and submission put forward by Oksana Demyanchuk, the Judge found that our client satisfied the requirements of paragraph EX1 of the Immigration Rules, namely that it would not be reasonable to expect our client’s British child to leave the UK.

Accordingly, our client’s appeal was allowed on human rights grounds and our client can now continue her life in the UK with her family.


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