Kangs Solicitors has successfully represented a client who is a Pakistani national who had entered the UK legally in May 2005, gained valid extensions in his capacity as a spouse, but which status was lost following the breakdown of his marriage, resulting in his leave being curtailed in 2009.
Sharan Rupra of Kangs Solicitors reports on the circumstances.
The Circumstances | Kangs Immigration Appeal Solicitors
- In 2013 our client met his current wife whom he married under Islamic law on 30th March 2016.
- His wife had arrived in the UK from Pakistan on a spouse visa, and, as the result of domestic abuse, had previously been granted indefinite leave to remain in 2015, becoming a British Citizen.
- Prior to instructing Kangs Solicitors, our client had submitted numerous applications all of which had been refused.
An initial Human Rights application was refused and the Home Office invited our client and his wife to leave the UK giving the reasons:
- there existed no insurmountable obstacles preventing a return to Pakistan, where the couple could continue their relationship,
- our client was an ‘overstayer’ and had breached immigration rules and
- there were no exceptional circumstances.
How The Successful Result Was Achieved | Kangs National Immigration Team
- Upon Appeal we highlighted the domestic violence which our client’s wife had previously encountered and that a threat to kill her had been made.
- It was explained to the court that it would be impossible for our client to live in Pakistan with his wife because of the ongoing risk of violence.
- Additionally, we were able to illustrate that our client’s wife is working and able to meet the financial requirements, that she is the owner of a property, she is undergoing fertility treatment in the UK and the required level of English to satisfy the requirements of the Immigration Rules was satisfied.
- The Immigration Judge found that there would be interference with family life sufficient to engage Article 8, the removal of our client would disproportionately interfere with his family life and his removal would outweigh the public interest requirements when balanced against them.
- Appeal was allowed on the grounds that exceptional circumstances existed, and there was a genuine subsisting relationship.
How Can We Help? | Kangs National Immigration Solicitors
Our Immigration Team is also regularly instructed to appeal cases at all levels.
If you find yourself in a position whereby you require immigration advice on any matter then please do not hesitate to contact our team.
Who Can I Contact For Help? | Kangs Immigration Solicitors
Please feel free to contact our Immigration Team through the following who will be happy to speak to you and guide you:
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