020 3372 5125 Email us today
Enquire today

By Eylem Kara

Our Immigration team was approached by the client, after his application for leave to remain as parent of a child in the UK had been refused.

The client had a convoluted immigration history and had relied on incorrect advice in the past leading to his relatively simple case becoming extremely complex.

Background

Our client moved to the UK as a family member of an EEA national 14 years ago. Before the expiry of his EEA family permit, he applied for a residence permit and was granted with further 5 years leave to remain. This was the first failure of immigration advice he had received, as at that point he could have applied for permanent residence and settled in the UK permanently, thereby saving him considerable difficulties in the later days.

In the meantime, he fathered two children with his wife and the family settled into their lives in the UK fully. However, at certain point the relationship broke down and our client moved out from the matrimonial home. When his second residence card was due to expire, he sought immigration advise, but sadly was again advised incorrectly. As at that time he was already not living with his wife, he was advised that he couldn’t make an application under EEA Regulations and that he should make an application under the Immigration Rules – 10 years long residence.

This application was predictably refused as our client did not meet the requirements. At that time, our client had already started to live with his new partner, who was a British citizen. Despite the breakdown of his relationship with his wife, our client maintained a strong parental relationship with his two young children, but was struggling to get contact, as his wife was often obstructing the contact with children.

In an attempt to regularise his stay, our client submitted an application for leave to remain on the basis of his relationship with his two children who were born and raised in the UK, relying on private and family life in the UK. The application was refused, as he was unable to provide the relevant evidence due to the refusal of the mother of the children to support him with relevant evidence.

When the client contacted us, he had already faced several years of uphill battle to resolve his immigration situation, he was mentally exhausted and financially drained. He had been unable to work since the Home Office was refusing to acknowledge that he still continued to be an EEA family member, as the marriage with his EEA wife had not been officially terminated. He was also struggling to have meaningful contact with his children,a s the mother was making contact difficult at times. Our client then contacted us for advice and representation.

Due to the complexity of the matter, the case was handled by Dr Lusine Navasardyan, the head of our Immigration department and the team worked directly under her supervision.

During our initial consultation, we advised the client that the refusal should be by way of lodging an appeal and having his matter heard by an Immigration Judge.  Considering our client’s Immigration history and circumstances, we believed that he had a possibility of succeeding, provided he was able to support the appeal with strong evidence. The client was also advised to attempt to make an EEA application as well, as this had been the right path to follow from the beginning. Therefore, the team was going to work on two paths simultaneously, to ensure the client had the best chance of success.

If you have been refused Leave to Remain application and wish to discuss your options with our top immigration solicitors, call us on 020 3372 5125 or fill in our enquiry form.

Please call us on 020 3372 5125 or get an online consultation




    Contact our experts in Paralegal
    Paralegal
    For legal advice
    call us today
    020 3372 5125
    Or complete our online enquiry form to make an appointment




      What Our Clients
      Say About Us
      Testimonials
      Dealing with Rakhi was more like having In house counsel than hiring a law firm
      So Rakhi Singal of RVS has just handled my divorce, it was a very complex case and I came to Rakhi at the very last minute on a friend’s recommendation. My case was a mess and I stood to lose everything.

      Dealing with Rakhi was more like having In-House counsel than hiring a law firm, she does not approach her clients as a cash machine like many law firms do, she works with you to manage and minimise your costs and de-escalate conflict rather than throw wood on the fire.

      She took a huge personal interest in my case, she was always available on the phone, very quick to respond to emails and is very honest and trustworthy.

      My ex had huge spending power and used a team of high profile solicitors against me, Rakhi literally saved me from complete ruin and helped me get a very fair deal with me spending 6 times less than my ex on legal fees.

      Thank you, my new family and I will be forever grateful!!!!
      What Our Clients
      Say About Us
      Testimonials
      Rakhi’s passion for her profession supersedes the norm
      On dealing with a very stressful and emotional situation involving my young child. I was personally directed to Rakhi Singal. From the very outset of my situation, Rakhi identified the immediate difficulties I faced and offered me a sympathetic and rational approach to my situation, ensuring that she had a full understanding of my issues and concerns. Rakhi’s approach to my case was monumental and customary to my needs and that of my child, which was a fundamental point for me.

      The communication and support I received in and outside of court was nothing short of extraordinary. Rakhi’s passion for her profession supersedes the norm and is clearly demonstrated through her results.
      What Our Clients
      Say About Us
      Testimonials
      Really impressed with Rakhi’s dedication to our case
      Could not be more pleased with the results!

      I approached RVS solicitors as they were highly recommended and now I completely understand why. Soon as I contacted Rakhi I knew I wanted to use her, she was so professional and easy to get along with. I was faced with clients who were refusing the pay invoices, Rakhi immediately reassured me that she was able to help me and recoup these costs. She dealt with the whole process very professionally.

      Really impressed with Rakhi’s dedication to our case and her knowledge and experience on dealing with the case. She communicated with us throughout the process, providing me with regular updates. Thank you so much, I cannot vouch for her work enough and RAW Invites are happy for you to continue to act for all their matters in the future.
      What Our Clients
      Say About Us
      Testimonials
      Very detailed advice, friendly and approachable
      Excellent service for my wife's spousal visa from Lusine: very detailed advice, friendly and approachable. Also flexible in contact by email and provided an excellent cover letter.
      What Our Clients
      Say About Us
      Testimonials
      She is professional, intelligent, hard worker and cheerful!
      I highly recommend Dr. Lusine Navasardyan, as she is professional, intelligent, hard worker and cheerful, she helped us from the beginning of our case until the very end, when she prepared a strong bundle with over 385 pages, which helped us get a successful victory in our Asylum case . I strongly recommend her as I really appreciate all the professional work that she has done . Many thanks to her.
      What Our Clients
      Say About Us
      Testimonials
      She has been very professional and a reliable person
      Dr. Lusine has been working on my case. She has been very professional and a reliable person. She was always attending to my queries and she has always been very friendly throughout my case.
      What Our Clients
      Say About Us
      Testimonials
      She is very professional while creating a friendly and comforting relationship with her clients
      I am very happy with the level and quality of service I got from Dr. Lusine Navasardyan. She is very professional while creating a friendly and comforting relationship with her clients. The service from Lusine was professional,efficient and well organised. Lusine worked extremely hard at resolving my all issues while getting the best result.