Phong Ma, a Solicitor within our Immigration law team, lodged an appeal on our client’s behalf against a Home office decision following a refusal of his Article 8 human rights claim. Our client had entered the UK as a visitor, however he had married his settled spouse months prior to his arrival in the UK and as such did not have the requisite entry clearance visa in the spousal category. Upon refusal, the Home Office maintained that our client was not entitled to remain in the UK as he was considered to have bypassed the immigration rules and should return to his country and apply for entry clearance as a spouse. At the time of the hearing, our client’s spouse was a few months pregnant with his child. It was successfully argued on our client’s behalf before the Tribunal that there was no sensible reason for requiring our client to return to his country to apply for entry clearance, more so when he was in the UK already enjoying his family life here and expecting a child with his spouse. Furthermore, as his spouse was in long term viable employment in the UK and the parties originated from different countries it would be unreasonable for our client and his spouse to continue their family life abroad. In addition, as our client’s spouse also had British children of her own in the UK who were in education here and had never left the UK, the expectation that the entire family relocate abroad would have unjustifiably harsh consequences as there were exceptional circumstances applicable in this case. The Tribunal allowed our client’s appeal. Despite the clear arguments in favor of this case, the Home office appealed the Tribunal’s decision. Although permission was granted by the First Tier Tribunal, the Upper Tier Tribunal had no hesitation in upholding the initial decision allowing our client’s appeal and based their reasons on the original legal arguments put forward by Miss Ma on our client’s behalf. theflp.co.uk/our-services/first-immigration
Posted on: Fri, 28 Nov 2014 14:00:01 +0000
Trending Topics
Recently Viewed Topics
© 2015