Successful Article 8 Human Rights Application

Oksana Demyanchuk, Michael Carter 21.12.2021

Successful Article 8 Human Rights Application under paragraph 276ADE (1) of the Immigration Rules

More good news for Sterling Law as an application under paragraph 276ADE (1) (iii) of the Immigration Rules was successful in the Home Office in only three months.

Paragraph 276ADE (1) (iii) provides for Applicant’s who have resided in the UK for a period of 20 years continuously to be granted leave in the UK:

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 with 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), who’s 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 leave to remain in the UK.

Should you have any questions regarding applications under paragraph 276ADE of the Immigration Rules, or would like a free assessment of you particular personal circumstances, please do not hesitate to contact us on oksana@sterling-law.co.uk and michael@sterling-law.co.uk.

 

+44 020 7822 8535

 

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