Our client thought that he had ILR and didnt realise he had overstayed his visa. We relied on Article 8 of the Human Right Convention and Chikwamba ruling.
Our client thought that he had ILR and didnt t realise he had overstayed his visa until his employer received a letter from UKVI asking if he was still employed by the them. Client wanted to make an out of time FLR(M) application on the basis of he cannot return to his home country to apply as he is the main bread winner and primary carer of their child who is British. His wife works for a UK airline and travels away from home frequently, she receives a salary of £12K p/a (plus commission). He earns more than £18,600 but his employment has now been suspended/terminated.
Our immigration solicitors relied on Article 8 of the Human Right Convention and Chikwamba ruling. The case, known in the legal industry as the MM ruled that the Home Office must uphold the minimum income of £18,600 but must also consider the impact on children in the application.
We submitted an out of time FLR(M) application on behalf of the client. The application was made from within the UK and is reliant on the fact that the client had a private family life in the UK based on ruling in the case of Chikwamba (FC) (Appellant) v Secretary of State for the Home Department (https://www.publications.parliament.uk/pa/ld200708/ldjudgmt/jd080625/chikwa-2.htm) in which the judge ruled in favour of the applicant.
Some of the documents we relied on inlcuded: -
Some of the document we needed from the Settled spouse
Some of the documents we needed from the Applicant
Contact us to discuss the full list of documents, especially as it applies to your case. It is important to note that we draft list of documents based on the facts and circumstances for each particular case.We made an application to the Home Office and it was approved. Call us today on 02037442797 or send us an email on firstname.lastname@example.org.
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