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OTS Successful Discretionary Leave to Remain Visa Application

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BA, who is originally from Nigeria, came to us after two discretionary leave to remain applications had been declined without right of appeal and the Court refused to grant her leave for a judicial review as to why a right of appeal was refused.

BA had been an overstayer in the UK for eleven years; however, she was married to a British national, and had a baby boy who was born in the UK.

How we Helped

If an individual has overstayed their visa entitlement, they are entitled to apply for Discretionary leave to remain in the UK on the basis that by removing them from the country, the UK Border Agency would be breaching the Government’s obligations under Article 8 of the European Convention on Human Rights. Article 8 states that a person has the right to a private and family life.

BA had clearly created a family life here in the UK; therefore, we made a fresh application under Appendix FM EX1. Paragraph EX1 can be used to apply for leave to remain in the UK by a person who has a genuine and subsisting parental relationship with a child, who is under 18 years, a British citizen, and for all intents and purposes, cannot be expected to leave the UK if the parent is removed.

Our application was successful, and BA now has leave to remain in the UK with her husband and son, free from any Immigration worries.

This work was carried out by Principal Solicitor Teni Shahiean and Senior Caseworker Nataliya Bondarets.

To find out how we can help you with your Immigration issue, please phone our London office on 0207 936 9960, to talk to one of our experienced Immigration Solicitors.

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