Tribunal accepts client’s evidence of more than 20 years’ continuous residence in the UK despite limited documentary evidence
We are pleased to share the successful outcome of a recent immigration appeal conducted by myself and assisted by my legal assistant Beryl Gao before the First-tier Tribunal (Immigration and Asylum Chamber) at Taylor House Tribunal Hearing Centre.
The appeal concerned an individual who had lived in the UK for more than 20 years but faced significant difficulties in providing documentary evidence covering the entirety of his residence.
Following detailed preparation and presentation of the evidence, the Immigration Judge accepted the Appellant’s account and found that he had resided continuously in the UK for more than 20 years. The appeal was allowed on the day of the hearing.
Written by Victor Falcon Mmegwa, Senior Associate Solicitor
Background to the case
The Appellant, a national of China, entered the UK on 17 October 2005 and claimed asylum shortly afterwards. His asylum claim was refused on 25 October 2005, and his appeal rights were exhausted on 23 December 2005.
The Appellant subsequently made an application for leave to remain. That application was refused by the Respondent, resulting in an appeal before the First-tier Tribunal.
A central issue in the appeal was whether the Appellant had established continuous residence in the UK for more than 20 years.
The challenge: limited documentary evidence
One of the difficulties faced by the Appellant was that he did not have documentary evidence covering every year of his residence in the UK.
The Respondent disputed his account of continuous residence.
The Appellant explained the difficulties he had experienced during his time in the UK, including periods of irregular status, irregular work and homelessness. These circumstances were relevant to why he was unable to produce extensive documentary evidence covering the entire period.
We therefore prepared the case to address not only the documents that were available but also the Appellant’s detailed account and supporting witness evidence.
Witness evidence
The Appellant was supported by witnesses who had known him for many years.
Their evidence was important because they were able to explain their longstanding relationship with the Appellant, their knowledge of his circumstances and their understanding of his continued presence in the UK.
We submitted that the witness evidence supported the Appellant’s account and should be considered alongside the documentary evidence and his own evidence.
Immigration Judge accepts the Appellant’s evidence
The Immigration Judge accepted that the lack of extensive documentary evidence did not, in the circumstances of this particular case, undermine the Appellant’s account.
The Judge stated:
“It is certainly plausible, in my judgment, that an individual with irregular status, who has no right to work and no home, would find it very difficult to provide documentary evidence of their stay in the United Kingdom.”
The Judge also found:
“There is no credible evidence which undermines the appellant’s account of continuous residence. There are no records to suggest that he has left the UK.”
The Judge accepted the evidence of the witnesses and found that they would have known if the Appellant had left the UK.
The Judge ultimately concluded:
“Considering the case as a whole, I am satisfied that the appellant has not left the United Kingdom and that the failure to provide documentary evidence is indicative of the irregular work and periods of homelessness that he encountered.”
The Judge then found:
“I am satisfied that the appellant meets the substance of the Immigration Rules and that, as at the date of the hearing, he has resided continuously in the United Kingdom for more than twenty years.”
Outcome: Appeal Allowed
The Tribunal therefore allowed the appeal on the day of the hearing, accepting the Appellant’s evidence that he had resided continuously in the UK for more than 20 years.
What can this case demonstrate?
This case highlights the importance of presenting a carefully prepared and properly evidenced immigration appeal, particularly where an individual has difficulty obtaining documents covering a lengthy period of residence.
Not every person who has lived in the UK for a long period will have documentary evidence for every year. In appropriate cases, other evidence including credible witness evidence and a detailed and consistent account of an individual’s circumstances may assist the Tribunal in assessing the evidence as a whole.
However, every case is fact-specific, and the evidence required will depend on the individual circumstances of the case.
How Lisa’s Law Solicitors can help
At Lisa’s Law Solicitors, we understand that long-residence cases can involve complex evidential issues.
We take detailed instructions from our clients, carefully examine the available evidence and identify what further evidence may assist in presenting their case.
We also provide advice and representation throughout the immigration and appeal process, including preparation for hearings before the First-tier Tribunal.
If you have lived in the UK for a significant period and are concerned about your immigration status or your ability to evidence your residence, our immigration team can advise you on your individual circumstances.
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