Sharan Rupra was instructed to represent an overseas national after his application for Further Leave to Remain under Article 8 ECHR was rejected under Appendix FM of the immigration Rules 2014.
The Home Office did not accept that our client and his partner were in a genuine and subsisting relationship and living with each other in a relationship akin to marriage for two years
Our client initially entered the United Kingdom as a student. He was granted an extension of stay in the United Kingdom as a Tier 4 General Student on two occasions.
He made a third Tier 4 General Student application before his visa expired (‘in time’).
Our client subsequently submitted an application for Leave to Remain as a spouse.
Due to the submission of this further application, our client requested the Home Office to not consider his student visa application as consideration was being given to his Leave to Remain application due to the change in his circumstances.
It transpired that the Home Office had not properly and fairly dealt with his Further Leave to Remain application under the Human Rights Act 1998 (Article 8 – the right to a private and family life).
The right to a private and family life would clearly have been interfered with if he had been removed from the United Kingdom.
The Immigration Appeal | Immigration Solicitors
The client approached Sharan Rupra and she agreed to act for the client.
The case involved taking the clients detailed instructions due to the protracted history of the matter, assessing the evidence in the case, preparing witness statements, collation of all the evidence into appropriate court bundles.
Sharan Rupra represented the couple at the Immigration and Asylum Tribunal.
She was able to prove that the couple was in a genuine subsisting relationship akin to marriage for a period of two years.
The Home Office suggested that the family move to our client’s country of origin and continue to enjoy their lives there as a family unit. Sharan Rupra argued that our client, his partner and children could not do so as our client’s partner had lived in the UK all her life and all of her family resided in the UK.
In addition, there were submissions with regard to the partner’s 3 children, their schooling, ties to the community and the detrimental impact of our client’s absence from the family home.
The Argument at the Appeal Hearing | Immigration Advice Solicitors
Sharan Rupra relied upon the Judgment by the Supreme Court in: ZH (Tanzania) (FC) (Appellant) v Secretary of State for the Home Department (Respondent),  UKSC 4, 01/02/2011 in which the Supreme Court unanimously held that the best interests of the child had to be considered and given paramount weight as part of the assessment of proportionality under Article 8 ECHR.
In light of the above and the decision in JO and Others (section 55 duty) Nigeria  UKUT 00517 (IAC) and ZH (Tanzania), Section 55, and Article 8 Human Rights Act 1998 Sharan Rupra submitted that our client be granted leave to remain in the UK if not within then outside of the immigration rules.
Sharan Rupra argued that there would be a clear breach under the Human Rights Act 1998 Article 8 – Right to Private and Family Life as enshrined by the ECHR given the strong ties our client had to the UK which clearly outweighed those to any overseas territory.
The Successful Result | Immigration Appeal Victory
The Appeal was allowed.
The Judge was satisfied that the family satisfied the requirements under paragraph 276 of the Immigration Rules and Appendix FM
Our client was issued with a three year discretionary leave to remain visa.
The couple can now continue their private and family life in the United Kingdom.
Immigration Solicitors here to help you | Kangs Solicitors
At Kangs Solicitors we are experienced in a wide range of immigration law matters and can offer early and effective advice to clients to safeguard their immigration position and remain with their family members in the United Kingdom.
We provide a national service to all clients from our offices in Birmingham, London and Manchester.
Please feel free to contact our Immigration specialist Sharan Rupra who will be pleased to assist you.