OTS Successful Appeal Against Refusal of Work Permit and Human Rights Article 8 ECHR
Our client, KK, a national of Lebanon arrived to the UK in 2007 with his wife and two young children. He came as a work permit holder. During his stay in the UK, the employer became insolvent and the business was continued under different company. Our client was not correctly advised at the time of his obligations to inform the Home Office of his change of employer and carried on with his activities.
After reaching the required five year period for settlement, our client applied for Indefinite Leave to Remain. At this point he and his family had fully adapted to the British way of life and from an employee he had become a successful businessman, employing considerable amount of workers.
After a lengthy delay, our client's Indefinite Leave to Remain application was refused due to lack of compliance with his duties to inform the Home Office of change of employers.
Our client approached OTS Solicitors seeking advice and assistance on challenging the decision. As the decision was made under the old rules, it carried right of appeal and our Immigration litigation lawyers advised the client on his options and grounds for challenging the refusal. Our client was advised that due to his lengthy presence in the UK, his family ties in the country, he had a strong family and private life grounds for challenging the refusal of his Indefinite Leave to Remain application. He was further advised that due to the length of his children's stay in the UK and their full integration into British society, the rule regarding the child's stay in the UK for more than 7 years was considerably adding weight to the strength of his family's case.
Our team of Immigration lawyers specializing in appeals and Immigration litigation took over the case and prepared the grounds of the appeal challenging the decision. After the hearing date was notified to our offices by the Immigration and Asylum Tribunal, we worked closely with the client advising and assisting him in compiling the evidence to put before the Tribunal. Our team of lawyers also constantly liaised with the Counsel instructed by our firm on behalf of the client, to make sure that the client's and his witnesses' statements and evidence were covering all the issues to be raised during the hearing.
Our client's appeal was allowed on the grounds of family and private life as advised by our Immigration litigation team, with considerable weight being given to the fact that he had extended family in the UK, who would be affected by their removal and with acknowledgement that our client's children would have succeeded in their claim to remain in the UK in any event, irrespective of the extended family presence, due to the length of their stay and degree of integration into this country.
This work was carried out by Principal Solicitor Teni Shahiean and Immigration Lawyer Dr. Lusine Navasardyan.