Prior to 09 July 2012, the applicants were able to make an application on the basis of the fact they had established private and family life in the UK through the course of their residence, work, having children in the UK and having strong connections with this country. The applications were usually made under Article 8 of the Human Rights Act 1998.
From 09th of July 2012, the home office has categorised such cases and brought these matters to be considered under the immigration rules. Now, in order to make any application on the basis that the applicant has a child who is either a British citizen or has lived at least 7 years of his life in the UK, the application must be able to fulfil the relevant requirements of the immigration rules.
The home office considers the following factors while make a decision on an application made on the basis of having a British citizen child or a child who has spent at least 7 years of his life in the UK:
- Does the applicant have a parental relationship of the applicant with the child?
- Is the relationship genuine and subsisting?
- Is the child a British citizen or has the child lived continuously in the UK for 7 years?
- Will the consequences of the refusal of the application be that that child is required to leave the UK?
- Would it be reasonable to expect the child to leave the UK?
Having children who have spent 7 years of life in the UK does not automatically make the applicants eligible for this visa and it is really important to make best possible case for the application to be granted. There is a wealth of case laws of the superior courts which support such applications. We urge our clients to provide all the background information, all the possible relevant documents allowing us to advise and make appropriate representation. On that basis, we have had several such applications approved without the home office asking for any further information or documents.
The applicant needs to make sure that he fulfills all the requirements of this application and is able to provide the relevant documentary evidences confirming the same. We discuss in detail about the background information of each and every case, advise our clients about the relevant documents, complete the application and draft our detailed representations in support of such cases, as it is really important to have all aspects of this visa application addressed fully.
If approved, the applicant will be given 30 months of leave on 10 years route, which means that he would need to apply for extension of his leave to remain for at least 3 more times in order to complete 10 years of legal and continuous residence in the UK.
This is a complex part of immigration law and we strongly advise to seek professional help from.
If initial application has been approved, the applicant will need to apply for extension of his visa for another 30 months which is granted on the same basis. Such applications may also be made using UK Visa premium service.
Super Priority service is also available for initial and extension applications and the applicants generally receive the decisions within 24 hours. We have dome numerous applications successfully using super priority service and rightly placed to advise and represent our clients who are eligible for initial or extension application on such basis.
Our Immigration Solicitors can expeditiously deal with your immigration matters by advising on the merits of visa applications, required documentation and relevant procedures.
Mr. Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Our Immigration Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your immigration matter under direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers:
- Our immigration solicitors will discuss the details about your immigration matter, assessing the merits and advise you on the law, procedure and other requirements for the whole process.
- Our immigration solicitors shall keep you updated on the progress of your immigration matters and advise on any procedures involved and give time estimates and merits throughout the pendency of your immigration matters.
- Our immigration solicitors shall also advise on alternative immigration options where you may be eligible to switch into which may be more beneficial.
- Our immigration solicitors are based in central London (EC2Y 9ST) and are therefore based in convenient access of clients from all over London and even from outside London.
- Our immigration solicitors are specialist immigration solicitors who are able to handle all types of immigration work including entry clearance applications, further leave to remain applications, Indefinite Leave to remain applications, Immigration Appeals, Judicial Reviews, EEA applications, Settled and Pre-settled applications, Immigration bail applications and other complex immigration matters.
- Our immigration solicitors are one of the best immigration solicitors in London as several of our clients have stated in their reviews of our services.
- Our immigration solicitors have teamed up with the best immigration barristers in and outside London who are immigration specialists and well equipped to represent our clients in any complex immigration matters.
- Our immigration solicitors charge on an agreed basis (except Judicial Review matters) which is competitive and never surprise you for any other hidden fees or costs involved.
Our Immigration Solicitors are just a phone call or an email away and are available at 0203 514 2536 or firstname.lastname@example.org and once in contact, be assured that you will be in safe hands.