Leave to remain under the parental route

STERLING LAW 01.04.2021

Two successful applications for leave to remain under the parental route.

Our clients both parents of children in the UK had no status in the UK when they approached Sterling Law.

One of our clients was the parent of a British child, although he was no longer in a relationship with the other parent, our client maintained a relationship with his child and was involved in her upbringing. The other clients were the parents of a child who had resided in the UK continuously for 7 years.

Accordingly, applications were made on behalf of our clients for leave to remain in the UK on the basis of their family and private life, and in particular on the basis of their parental relationship with their children.

In order to be successful in an application for leave as a parent of a qualifying child[1], it must be demonstrated by the Applicant that it would be unreasonable for the child to leave the UK. This is enshrined in section 117B of the Immigration Act 2014

117B (6) Immigration Act 2014:

In the case of a person who is not liable to deportation, the public interest does not require the person’s removal where—

(a)the person has a genuine and subsisting parental relationship with a qualifying child, and

(b)it would not be reasonable to expect the child to leave the United Kingdom.

Therefore, Applicant’s must ensure that they provide the Home Office with sufficient evidence to demonstrate their claim that it would be unreasonable for their child(ren) to leave the UK as this is vital to the success of the application.

In both the above cases, upon the advice of Oksana Demyanchuk, our clients were able to provide ample evidence that it was unreasonable for their children to leave the UK and therefore, their applications were successful and leave to remain was granted. Even more impressively, the applications were processed within 6 weeks!

[1] A qualifying child is a child that is a British citizen or has resided in the UK for 7 years continuously.

 

Oksana Demyanchuk

Email: oksana@sterling-law.co.uk

Tel. 020 7822 8535

Michael Carter

Email: michael@sterling-law.co.uk

Tel. 020 7822 8535

Recent news
BRP card expiry 20.05.2021
If you have been granted indefinite leave to remain (ILR) in the past few years, you will probably have been issued with a Biometric Residence Permit (BRP) with an expiry date o...
STERLING LAW 15.01.2021
What documents are now required by EU citizens to confirm their right to work in the UK?  The Home Office has confirmed that employers at present have no right to demand that EU...
LONG RESIDENCE APPLICATIONS: GAPS IN LAWFUL RESIDENCE 01.07.2021
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 lea...
STATUTORY DEMAND 17.05.2021
If you have an undisputed amount due to you or to your business (e.g. an unpaid invoice) then you can file a form called statutory demand requesting a debtor to settle the debt....
A VICTORY FOR OUR CLIENT IN THE EMPLOYMENT TRIBUNAL 01.07.2021
Our client was employed as a bus driver and had 18 years of continuous employment. He had a clean record with no warnings or incidents.  While driving in the rain, he had bee...
ASYLUM APPEAL OF A NEPALESE NATIONAL AND HER SPOUSE 01.07.2021
Our immigration team has achieved a successful decision in the asylum appeal of a Nepalese national and her spouse. According to the Immigration & Asylum Upper Tribunal, the...
Request consultation







    opening hours
    Mon-Fri:9am-6pm