Summary of Case
This case concerned an applicant who entered the UK on a visitor visa and overstayed the period of her visit in the UK. The applicant was in a relationship in the UK with a British Citizen and the couple married each other in the UK. The applicant applied for leave to remain in the UK as the spouse of a British Citizen on human rights grounds as the applicant had no immigration status in the UK at the time of the application being made. The Home Office refused the application and the applicant appealed the decision. We successfully argued before the First Tier Tribunal that the applicant’s appeal should be allowed as there were very significant obstacles for the applicant returning to her country of origin and that it would be disproportionate for the applicant to apply for entry clearance to the UK as the spouse of a British Citizen.
How this case may apply to you
If you have made a Human Rights and Private Life Application and your application has been refused, you will be granted a full right of appeal. In order to ensure that your Immigration Appeal has the best prospects of success, you will have to submit strong grounds of appeal and have a well-prepared Immigration Appeal represented on your behalf at the Immigration Tribunal. The decision to grant leave to remain outside the Immigration Rules on Human Rights and Private Life grounds is a discretionary one and it is important that you are represented by highly skills and success court advocates to ensure that you achieve a successful outcome on your Immigration Appeal. Our immigration lawyers are at hand to help guide you through the Immigration Appeal process.
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