We were recently instructed by a client who was seeking to apply for indefinite leave to remain in the UK under the 10 year route.
Keep reading to find out more about how Lisa’s Law is able to assist clients in complex cases where they may have limited documentary evidence to prove their residence in the UK.
The client initially entered the UK in 2013 and claimed asylum upon arrival. In 2015, his asylum claim was refused, but he was granted discretionary leave as an unaccompanied asylum-seeking child for a period of just over six months.
Before the discretionary leave expired, the client submitted a further asylum claim, which was refused in 2016. He lodged an in-time appeal against this refusal.
In 2019, the First-tier Tribunal heard the appeal and, although the asylum claim was dismissed, the appeal was allowed on Article 8 ECHR grounds. The client pursued further appeal rights, and in 2020, he was granted leave to remain on the basis of private life, valid until 2022.
The appeal proceedings continued and were eventually allowed by the Upper Tribunal shortly before the expiry of his private life leave. As a result, the client was granted refugee leave from 2023 to 2028.
The client was adamant that he had never overstayed, maintained continuous lawful status, and had only briefly left the UK twice since his arrival. He also met the Life in the UK and English language requirements.
Our involvement
Given the complexity of the client’s immigration history and the fact that previous applications and appeals had been handled by a different legal representative, we began by submitting a subject access request (SAR) to obtain a full record of his immigration history. However, the SAR revealed some gaps regarding continuous residence.
Additionally, the client was unable to locate a full copy of the Upper Tribunal’s determination. We were, however, able to retrieve it from the government website.
The client had limited documentary evidence to support his 10 years of residence in the UK.
Nonetheless, we compiled and submitted the SAR bundle, the Upper Tribunal determination, and the most recent Home Office decision letter. We also prepared a detailed covering letter explaining how the client maintained lawful residence throughout the 10-year period, including a clear explanation of 3C leave during pending asylum applications and appeals.
Outcome
The client was granted indefinite leave to remain under the 10 year route just over a month after submission, despite not opting for the super priority service.
You can learn more about how Lisa’s Law is able to assist you in complex cases on our Complex Cases and Appeals page here.
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