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Leave To Remain With A Partner Of British National Without A Valid Leave.

This a success story of our client whose leave to remain application was refused. Reiss Edwards challenged the decision of the home office based on the appeal grounds of human rights Read more

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Summary Of Facts

The Appellant entered the United Kingdom clandestinely on 1 November 2011 and had lived in the United Kingdom without valid Leave since. He entered into a relationship with a British national, during a period of time in which he did not have extant Leave to Remain in the United Kingdom. An application seeking Leave to Remain as the Partner or Spouse of a British national (as regulated by Appendix FM of the Immigration Rules) was submitted and refused by the Home Office for the following reasons-

  1. It was not accepted that the Appellant and his partner DH had been cohabiting in a relationship akin to a civil partnership/marriage for at least two years (and thereby falling outside the definition of term ‘Unmarried Partner’); and
  2. That there were no ‘Insurmountable Obstacles’ preventing the Appellant’s partner from living with the Appellant abroad. By way of an explanation, Applicants who do not hold extant Leave to Remain in the United Kingdom are expected to submit their Partner application from outside the United Kingdom. This is known as the ‘Immigration Status Requirement’. However, in exceptional circumstances, the Home Office may nonetheless grant an Applicant Leave to Remain notwithstanding the fact that they do not meet the Immigration Status Requirement. This exception is known as ‘EX.1’.

Reiss Edwards represented the Appellant in his appeal challenging the impugned decision. The Grounds generally pleaded-

  1. That the Home Office misdirected themselves in the consideration of the Appellant’s application. The failure to review the papers with anxious scrutiny and holistically meant that the conclusions reached by the Home Office were legally unsafe and untenable.
  2. It was submitted that EX.1 had in fact been met. Regrettably the Appellant’s country of origin does not accept homosexuality in any form. Therefore, there was a real risk that the Appellant’s partner would face harm to his safety if he was to reside with the Appellant and conduct his same-sex relationship with the Appellant openly. Linked to this, it was averred that the discrimination that the Appellant’s partner would suffer as a gay man would prevent him from leading any meaningful private life in the Appellant’s country of origin. It was further pleaded that the expectation to conduct their relationship discreetly in order to avoid harm and discrimination would be unfair on both the Appellant’s and his partner’s right to a family life together. Background country evidence was collated by Reiss Edwards and tendered as evidence to support this particular ground.

Outcome

The appeal went before the First-Tier Tribunal (Immigration and Asylum Chamber) (‘FTT’) and allowed by the Judge on the day.

The Judge found without hesitation that the Appellant and his partner were in a genuine and subsisting relationship and that the documents relied on by the Appellant proved that he had cohabited with his partner for at least 2 years.

The Judge further found that with respects to EX.1, the background country evidence did in fact support the Appellant’s claim that both the safety of the Appellant and his partner would be at real risk of harm in the event that they lived together in his country of origin. The Judge accepted the submission raised by Reiss Edwards that the risk to safety when raised within the ambit of a human rights appeal did not need to treated as an asylum claim. The issue germane to the appeal was whether or not the risk of harm was sufficiently high as to amount to an Insurmountable Obstacle. Questions of whether or not the Appellant or his partner could engage the assistance and protection of the authorities and other fundamental asylum principles were not relevant within a human rights appeal.

Achievement

This particular finding is one which our immigration solicitors is particularly proud of, as it goes against the Home Office’s long-standing position that any claim of harm should not be considered within the sphere of human rights but exclusively be considered as part of an asylum claim.

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O.L

Andy Tieu is absolutely amazing.

As a lawyer myself I can categorically say that he knows his stuff, gentle, responsive, cares about you and not just about the money, very professional.
I mean I can go on and on!

Andy and the entire team at Reiss Edwards are amazing!

Thanks again Andy.

Kiran Sardar


I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case.

The way they dealt with my case during COVID19 Situation is highly appreciable. I would definitely recommend Joe D. and Anna F. Anna is an amazing lady, her patience is beyond my words.

Her hard work and professionalism have no boundaries. She is the right person for all type of cases.

Thanks to Anna and Joe for all your support and guidance which helped me fulfill my dream.

I would say Reiss Edwards is lucky to have Joe D. and Anna F. Great job Reiss Edwards.

thanks once again. Anna you’re a Gem and a Star.

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was outstanding. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. Her expert advice guided us successfully through some difficult times as a result of COVID-19. Some of the best service I have received for any service ever! Often replying to emails late at night, offering to send additional correspondence to the home office and going above and beyond in handling our case! Well done and thank you Reiss Edwards and thank you Anna!!".

Isaac .T

"Professional service. I was very impressed with the fact that my ILR application was successful 6 weeks after the submission amidst the COVID-19 pandemic. I also think the portfolio put together by the team at Reiss Edwards has played a big part in the quick turnaround of my application".

Reiss Edwards Reviews

O.L

"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...

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Kiran Sardar

"I found Joe very helpful and tremendous patience which is a must in this profes...

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Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

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Isaac .T

"Professional service. I was very impressed with the fact that my ILR applicatio...

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