on May 4, 2022
Our client approached us with a refusal of her application for indefinite leave to remain on the basis of her absences from the UK during her residency in the UK.
Our client applied for ILR on the basis of her 10 years’ lawful ‘long residence’ in the UK. She was a frequent traveller and had several absences from the UK during her qualifying period of residence.
The application was refused by the Home Office and our client was granted a right to appeal the decision. Our client instructed us that on one occasion she had to visit her mother who was terminally ill, and therefore spent a number of months outside the UK. She also informed us that since then her mother had sadly passed away.
Our team explained the relevant qualifying period and the rules regarding the absences from the UK during her qualifying period. We calculated her absences carefully and it appeared that she had more absences in the year she was in her home country with her mother.
We advised our client to provide her mother’s medical reports and the death certificate which would explain the reason for her visit. Our client gathered all relevant documentation, and our team compiled a detailed bundle of documents in support of her appeal. We assisted our client in preparing a witness statement in which we explained her immigration history and her absences in detail.
Our team worked hard to collate documents that proved and supported that there were no reasons why it would be undesirable for our client to be granted indefinite leave to remain in the UK.
We represented our client at the hearing and successfully argued our client’s case in the Tribunal. The judge was convinced that there were compassionate circumstances which resulted in our client’s absences being over the limit.
The appeal was considered by the First-tier Tribunal and after strong submissions provided by the barrister representing our client, the immigration judge allowed our client’s appeal. Our client was overjoyed at the decision and commented on how much attention to detail we paid to the documentation.