Successful Resolution of a Complex Case for Obtaining Permanent Residence in the United Kingdom
In this article, we would like to share a successful example of our team’s work, which managed to handle a challenging situation when submitting an application for obtaining a settlement for one of our clients.
Visa Routes for Obtaining settlement
The United Kingdom offers numerous paths for obtaining settlement through various visa routes. Many applicants choose a direct path, for example, living in the country for five years on a Work visa and fulfilling all necessary requirements for obtaining settlement. However, there are other options as well, such as combining periods of living in the country under different visas.
Client’s Complex Path to settlement
Our client arrived in the United Kingdom over ten years ago on a Student visa, then switched to a Graduate visa after securing employment, and later to a Dependent visa. In his case, none of these routes allowed him to obtain a settlement through the standard scenario, but they could be combined to apply through the 10-year long residence route (Long Residence – 10 Years Route).
The Importance of Correctly Calculating Days of Absence
Although our client had lived in the United Kingdom for a sufficient amount of time, questions arose about the correct calculation of days absent from the country and choosing the start date of the 10-year period. Accuracy in this matter is extremely important, as according to long residence rules, an applicant cannot be absent for more than 180 or 184 days in each 12-month period. Incorrect calculations can lead to exceeding the allowable days of absence or an insufficient residence period.
Flexibility of Immigration Rules
Fortunately, the UK’s immigration rules allow choosing the most favourable option for the applicant. The 10-year period can start from (a) the date of application submission, (b) any day within 28 days after submitting the application, (c) the date of the decision.
Nuances and Errors in the Process
Our client travelled actively, which led to exceeding the allowable days of absence in some periods. We conducted numerous calculations to find the optimal window for submitting the application. By applying on a specific date, the client could avoid exceeding the absence limit over ten 12-month periods while having lived sufficiently long in the country. The application was submitted using a priority service, and the decision was expected within five days.
However, instead of the anticipated positive decision, we received a letter suggesting submitting an application through another visa route instead of the desired settlement. The error occurred due to an incorrect calculation of the long residence period by the caseworker, although our team was confident in the accuracy of our calculations.
Fighting for the Client’s Rights
In such cases, it’s important to assess the situation soberly, review the legislation, and seek assistance from qualified lawyers. We conducted a detailed analysis of the response and possible reasons for refusal, after which we submitted a request for a review of the decision, pointing out its illegality and unreasonableness.
Victory and Success
Two days after submitting the request, we received a letter acknowledging the caseworker’s error, and our client was granted settlement. Since there was no formal refusal, no negative factors entered our client’s immigration history that could have complicated the process of obtaining citizenship.
This case underscores the importance of timely seeking legal support from a professional team. We are proud to have successfully defended our client’s rights and ensured a positive outcome. This example confirms that even in the most complex situations, a professional approach and knowledge of the law can lead to a successful result.
