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Case Scenarios
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You can read some of the case scenarios below.
Client’s Case:
A Nigerian man has been involved in a long term relationship with a British born lady for many years. The British lady travels frequently to Nigeria to visit her Nigerian partner and he also visits the UK to spend time with her. Whilst the Nigeria man is in the UK on a visit visa, they decide that she should try to obtain a settlement visa in the UK based on their relationship and as they want to live together in the UK; they do not wish to marry but wish to remain long term partners.
Client Instructed Greenfields Solicitors:
An application is submitted to the Home Office arguing that the English lady cannot re-locate to Nigeria due to her employment in the UK, her having a home and family in the UK and due to there being insurmountable obstacles in her having to leave the UK to live with her partner in Nigeria.
Case Outcome:
Visa is Granted.
The Home Office grant the Nigerian man with legal status to remain with his partner in the UK by allowing him discretionary leave to remain valid initially for a 2.5 year period.
Client’s Case:
A Mauritian gentleman is on a Tier 4 (General) visa and it is due to expire soon, he does not wish to study any further. During his time in the UK, he has established a serious relationship with a British lady but she does not earn the required £18,600.00 to sponsor him in order for him to remain in the UK. She has just found out that she is pregnant by him and the couple want to remain together in the UK to continue their relationship and for the Mauritian gentleman to help raise his child, as part of a family unit.
Client Instructed Greenfields Solicitors:
Greenfields Solicitors represents the client by submitting an application to the Home Office on his behalf, requesting that he be granted leave to remain in the UK outside of the immigration rules, on the basis of his British girlfriend being pregnant and as the child will automatically acquire British citizenship. A case is lodged under article 8, right to private and family life and with reference to the best interests of the child.
Case Outcome:
Visa is Granted.
The Home Office make a decision on the application within a matter of months and the client is granted 2.5 years discretionary leave to remain in the UK to continue his private and family life with his partner who has since given birth to their first child. He will be eligible for Indefinite Leave to Remain in the future.
Client’s Case:
A Jamaican man has overstayed his visit visa by 6 years. He is living with his English, British born partner and they have a 2 year old son together. The Jamaican man looks after their child whilst his British partner works to support the family. He has not been in trouble with the police during his time in the UK and seeks to obtain legal status in the UK.
Client Instructed Greenfields Solicitors:
Greenfields Solicitors submits an application to the Home Office on the basis of his human rights under Article 8, right to private and family life.
Case Outcome:
Visa is Granted.
The Home Office grant the Jamaican man with legal status by allowing him discretionary leave to remain valid initially for a 2.5 year period.
Client’s Case:
A South African lady has been in the UK for several years and was last employed on a Tier 2 (General) visa but is now made redundant. Before her Tier 2 (General) visa expired, she makes an application to remain in the UK on the basis of her private life and as she has no relatives and nothing to return to in South Africa.
Client Instructed Greenfields Solicitors:
The Home Office refuse her application but she is given an in-country right of appeal which she exercises and instructs Greenfields Solicitors to represent her in the appeal. At the appeal hearing, she is represented by a Barrister and explains to the Immigration Judge her circumstances in the UK and her difficulties in that she has nothing to return in South Africa.
Case Outcome:
Visa is Granted.
The Immigration Judge allows her appeal to be successful and she is granted with discretionary leave to remain valid initially for a 2.5 year period.
Client’s Case:
A Pakistani lady wants to join her British husband, who is self employed in the UK (and meets the relevant financial requirement), she wants to apply for a spouse visa from the British High Commission so that she may settle to live in the UK with her husband. However, she has a criminal conviction which she obtained a few years ago and she is concerned that this will adversely affect her visa application.
Client Instructed Greenfields Solicitors:
Greenfields Solicitors represent the Pakistani lady and argue her spouse visa case in depth and make reference to the relevant immigration rules and case laws supporting her case.
Case Outcome:
Visa is Granted.
She is granted a 2.5 year spouse visa by the British High Commission as a result.
Client’s Case:
A Chinese lady entered the UK on a visit visa with her British son, who is aged 2 years old and was born in China. The Chinese lady’s husband is British by birth and so the child also holds a British passport. Whilst in the UK, the Chinese lady overstays her visit visa as her son has started school in the UK and applies for leave to remain with her husband and child rather than returning to China to apply for a spouse visa, which is usually the required route.
Client Instructed Greenfields Solicitors:
Greenfields Solicitors represent the Chinese lady in making an application on a human rights basis arguing her family life with her British family members and based on the compelling circumstances of her case.
Case Outcome:
Visa is Granted.
The Home Office grant the Chinese national 2.5 years leave to remain in the UK to remain with her family.
Client’s Case:
A Ghanaian man has a young British child in the UK but he is not in a relationship with the mother of his child. He does see his son regularly and offers financial support and takes a parental role in his upbringing. The Ghanaian man has overstayed his last visa.
Client Instructed Greenfields Solicitors:
Greenfields Solicitors represent him in making an application based on the best interests of his British child and also argue various immigration laws and case laws which support the Ghanaian man in his case.
Case Outcome:
Visa is Granted.
The Home Office grant the Ghanaian man with legal status by allowing him discretionary leave to remain valid initially for a 2.5 year period.
Client’s Case:
A Filipino lady in on the UK on a Tier 4 (General) student. She has British sister in the UK who suffers from serious medical problems. The Filipino lady wants to remain in the UK to care for her British sister as there are no other family members that can look after her sister.
Client Instructed Greenfields Solicitors:
Following an appeal hearing, Greenfields Solicitors obtain for the Filipino lady discretionary leave to remain valid initially for a 2.5 year period.
Case Outcome:
Visa is Granted.
The Home Office granted the Filipino lady with legal status to remain in the UK by allowing her discretionary leave to remain valid initially for a 2.5 year period.
Client’s Case:
A Kenyan lady entered the UK in 2008 having obtained a student visa. She renewed the student visa several times and also obtained degree level qualifications. However, by 2015, she can no longer continue her studies and whilst she is in the UK, her parents and siblings have relocated to the USA; she therefore has no family left in her home country of Kenya and has no accommodation or employment to return to. The Kenyan lady fears she will be destitute if she has to return to Kenya and she does not wish to return there. She is fit and healthy and goes to Church often and is of good character having no convictions. She has both lived, studied and worked in the UK for several years and feels integrated into British society and wishes to make the UK her permanent home.
Client Instructed Greenfields Solicitors:
An application is submitted to the Home Office to request that he is granted leave to remain in the UK on the basis that there are very significant obstacles facing the Kenyan lady if she were to return back to Kenya. Evidence is submitted by Greenfields Solicitors to the Home Office to support that the lady has no remaining ties in Kenya as her family all live abroad. The Home Office are made aware of the client’s Bachelors degree qualifications and note she has worked in the UK as permitted by her visa and has made tax contributions over the years and that she is able to maintain herself with her funds.
Case Outcome:
Visa is Granted.
The Home Office make a decision on the application within a matter of months and the client is granted 2.5 years discretionary leave to remain in the UK to continue with her private life in the UK. She will be eligible for Indefinite Leave to Remain in the future.