Article 8 Application – Further Leave to Remain – Immigration Solicitors Birmingham
Our client had instructed us to assist him with his Leave to Remain Application on the basis of his child’s private life in the UK. The client and his dependents were all nationals of Pakistan.
Our client had initially entered the UK after applying as a dependent of his wife’s Tier 1 General Migrant Visa alongside their son. However our client and his partner then applied for their extension but did not meet the requirements for the Tier 1 General Migrant Visa, and were refused.
The Home Office had refused the applications because of the main applicant’s tax discrepancies due to which reason the Home Office refused the applications under Paragraph 322(5), and 245(CD) (b) and 245CD (e) amongst other grounds.
Our client prior to approaching us used their previous representatives to file an Administrative Review which was also refused siting that the Home Office was correct.
Unable to find a resolution and their whole life at risk of being turned upside down our client then approached us with very little time to deal with the matter and a complex case, and instructed us to find a resolution.
We analysed our clients personal circumstances and we advised our client to file an application for Judicial Review based on his refusal regarding the Tier 1 Migrant Visa as we felt in our professional opinion that there had been glaring errors made by during the application stage and the subsequent challenges as well as what the Home Office was alleging.
We also filed an Article 8 Human Rights Claim on the basis on his son’s private life in the UK as at the date of the refusal he had been in the UK for over seven years and was also a child under the age of 18 who was due to sit his GCSE exams.
Within the Article 8 Human Rights Claim we demonstrated that since our client having entered the UK with his family, his son had become well integrated into British society having enrolled into the education system and making friends he settled and considered the UK as his home.
Our client’s son also had medical conditions he suffered from which meant he was unable to relocate to Pakistan without having to face insurmountable obstacles in view of the situation that the child found himself in and what would happen if he were forced to leave the UK.
With all these factors taken into consideration it was acknowledged by the Home Office that our clients son had spent 7 years continuously in the UK and had in fact build his private life here, and for him to be forced to leave the UK and return to Pakistan would be a breach of his Article 8 Rights.
Successful Article 8 Application by Apply for UK Visa – Immigration Solicitors Birmingham
The client was successful in obtaining his Further Leave to Remain on the basis of his son’s private life in the UK, the child who had spent 7 years residing in the UK.
Following the successful grant of the visa the Home Office agreed to withdrawn the claim which we had filed against the Tier 1 refusal, as part of the negotiation we managed to claim back from the Home Office the legal fees which our client had spent to make a claim against the Home Office. This was done by way of a Consent Order with careful and diligent planning on behalf of our client.
Since being granting leave our client and the family now live in the UK and continue to lead their lives in the UK and were recently applying for settlement after having reached ten years lawful residence in the UK.
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