July 20th, 2012 | Posted by admin in Articles

Our client ‘ME’ who wishes to remain anonymous entered the U.K in December 2001.  She was granted leave to enter for a period of six months.  Our client lost her first passport in 2004.  She was however able to apply for further leave to remain as a student and was granted leave to remain in 2002.  She continued to extend her leave to remain as a student until 2009.  At this stage she was unable to renew her student visa and applied for further leave to remain outside of the immigration rules.  This application was refused in 2010.

Our client has been involved in the appeal process to challenge the Home Office’s decision.  Her matter was referred to the Home Office for a fresh decision to be made and this was subsequently made in September 2011.  We started helping our client prior to the second decision being made in her application for leave to remain outside the immigration rules.  We managed to argue that her matter should be adjourned as the Home Office had failed to take into consideration paragraph 395c. Our client’s matter was adjourned until she was able to reach 10 years lawful residence in the U.K.

We made a separate application under SET (0) and our client was successfully  granted indefinite leave to remain.  The obstacles that we faced in this case was that our client did not have her original passport however, we were able to get her original landing card from the airline which she flew with to the U.K.  RBM showed innovation and initiative in obtaining evidence to co berate that our client had entered the U.K  in 2001.  We were able to obtain evidence from her G.P to substantiate that she had lived in the U.K for ten years on a lawful basis.

RBM also successfully argued that our client had completed 10 years lawful residence whilst her case was going through the various appeal processes.  Our client’s last leave to remain was in 2009 and she was involved in the appeal process for three years.  RBM Solicitors were able successfully argue that this client should be granted indefinite leave to remain.

RBM Solicitors have vast experience and success to advise anyone who has lived in the U.K lawfully for a period of ten years or with a mixture of unlawful and lawful residence for a period of 14 years.  It is important to know that the laws in relation to 14 years long residence will be changing on 9th July 2012 and therefore it is important for anyone reaching years long residence in the U.K to submit their application before the rule has been withdrawn.  Our client has now been granted indefinite leave to remain and is very happy as the flowers will show.


You can follow any responses to this entry through the RSS 2.0 Both comments and pings are currently closed.