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OTS Successful Private and Family Life (Article 8) Further Leave to Remain Visa Application

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Our client, MO, is a national of Nigeria. He entered the country as a visitor to visit his four children. Due to improved relationship with his ex-wife, he received opportunity to become more involved in his children's lives. He applied to remain in the UK to be able to maintain closer relationship with his children. A private and family life application was submitted to the Home Office on behalf of our client by his previous representatives. His application was refused and his claim certified, meaning that the Home Office had considered that his Human Rights claim was clearly without merits and he also was denied right of appeal. Further to this, adverse findings were made against him in regards to making false representations on a previous application.

Our client approached our Immigration department after the refusal, seeking specialized Immigration advice on his options to challenge the decision. Our Immigration litigation team took over the case and provided the client with detailed and comprehensive advice and action plan. He was advised that due to certain lacks in the evidence submitted with the previous application his chances of bringing a successful judicial review claim against the decision were considerably lowered. However, he was advised that issuing the secretary of the state for the home department was still an advisable strategy, in order to gouge possible response if a stronger application was submitted. Further to this, our Immigration litigation specialists pointed out that since dishonesty findings had been made against the client, challenging it and providing explanations for any inconsistencies was essential for make a future successful Immigration application.

After the response was received to our firm's letter before claim, our team of Immigration lawyers specializing in Human Rights, family and private life application, in close cooperation with our litigation team, worked to prepare and submit fresh application on our client's behalf. Our client's relationship to his children who were settled in the UK and the children's best interest formed the main argument for the new application. The application was further strengthened by the fact that our client's relationship with his ex-wife was revived and he had moved in to live with his ex-wife and the children.

Our client's fresh application was granted on basis of his relationship with his children and he received 30 months leave to remain in the UK to enjoy his life with his family. This leave can be extended and can lead to settlement in the UK. Our client is now able to continue his business activities in his native country that had been suspended due to his personal circumstances, establish his business in the UK or take an Employment in this country without further need to seek a grant of a work permit.

This work was carried out by Dr Lusine Navasardyan.

To find out how we can help you with your immigration circumstances, please phone our London office on 0203 959 9123, to talk to one of our experienced immigration Solicitors.

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