uk immigration lawyers
uk immigration lawyers
 
Home / Blog

Refusal of indefinite leave to remain in UK

An American husband & wife who operate a hotel in Scotland have had their legal challenge for indefinite leave to remain turned down. Russell and Ellen Felber who set up the hotel in Inverness had applied for indefinite leave to remain in the UK after being in the country since 2011. The couple entered the country under the Tier 1 entrepreneur visa which was granted to Mr. Felber and also covered Mrs. Felber as his spouse.

Reasoning

After being granted their two-year extension, they applied for indefinite leave to remain after being in the country for 5 years. As a well-known settlement route, it is expected that their application would be rubber-stamped without issue. But the couple were left stunned when their application for ILR was refused. The reasoning for the refusal was that although in line with regulations they had created full-time roles in the first three years, they had not created anymore in the last two of the visa. Even though they met every other condition the couple was turned down.

Legal challenge

The couple sought a judicial review of the decision as they were aware of a November 2014 change in the rules regarding the employment section of the visa. But there was to be no change in the decision as it was thought that the ruling did not apply in this particular case. It appears that as they did not 100% abide by the terms as laid out, they were severely punished and will now have to consider their options going forward.

Cautionary tale

These issues do happen and it is vital that before you make any application you are sure that you have 100% complied with the requirements of the visa. In this case, if they had hired correctly during the extension period of their visa, then they would have been given the green light. Unfortunately, it is a sad tale that has no clear ending.

Lack of compassion

Many will cite a lack of compassion in the case. The UK could use all of the entrepreneurs it can get and this couple had created jobs in an area that needs employment. Many will criticise the government's lack of willingness to intervene as a slight to the couple and good honest tax paying entrepreneurs have been unfairly punished due to the stringent way the rules are followed. There appears to be a complete lack of discretion in the way that the rules are applied and there appears to be a blanket process for how they are handled.

How we can help

If you have any immigration based legal needs please get in touch. Our specialist immigration lawyers are well versed in the complex area of immigration law and can help to support you and your specific needs. So if you need any help in the immigration area please get in touch and let us guide you through our range of solutions that are likely to be able to help you no matter your personal situation.

Immigration Enquiry

Subscribe to email and newsletters
Reiss Edwards Reviews
5 out of 5 stars 476 Google+ Reviews
reivew immigration lawyer

Our Brochure

Reiss Edwards immigration lawyers brochure

Arabic Brochure
Reiss Edwards immigration lawyers brochure



ACCREDITATION & AWARD



REISS EDWARDS REVIEWS

4.9

476 Reviews

READ ALL REVIEWS

Copyright © 2019 Immigration Lawyer London