A Careless Application

Problem

A careless application for Leave to Remain may engender not only the difficulty of rectifying the mistake but may lead to a host of other procedural and legal hurdles.

The Problem

Our client ran a successful start up business, and lodged an application for Leave to Remain as a Tier One Investor and including his wife as his dependent.
His previous representatives had submitted this application without due care, and specifically without demonstrating that the business in question was genuine and viable. The application was refused.
MAGNE & CO were instructed and the appeal against the refusal was allowed. The Secretary of State appealed this decision on the grounds that the Judge had regard to information which he ought not to have done, and was successful.

Strategy

MAGNE & CO lodged a new application under the Tier One Rules for our client and an alternative application under the Ten Year Rule. These applications and enclosures of fifty four documents ran to some three hundred and eighty eight pages , and had to ensure that each of the one hundred and eighty six relevant provisions to the Immigration Rules that where applicable in this case where met. The applications had to be submitted within the twenty eight day time limit permitted under the Immigration Rules.
MAGNE & CO applied for permission to appeal to the Court of Appeal against the decision of the Tribunal

The Complication

The Home Office returned the application for Leave to Remain under Tier One on the grounds that an Appeal to the Court of Appeal was pending.
If this decision to return the application was not challenged, then our client who had spent more than ten years in the United Kingdom would be precluded from ever re-applying under the Immigration Rules on the grounds of overstay.
MAGNE & CO lodged an application for Judicial Review of the decision to return the application.

Solution

The Home Office in the meantime granted our client Indefinite Leave to Remain under the Ten Year Rule.
Both the application for Judicial Review and the Appeal to the Court of Appeal were withdrawn by consent.
The Secretary of State agreed to consider the application of his spouse as being made within time.

The Moral

If you and your spouse need to meet one hundred and eighty six different legal requirements to be granted an extension of stay in the United Kingdom, then the application must be prepared with a great deal of care. If you do not then it is difficult to rectify the application following a refusal. In this instance it took seven separate legal procedures, each entailing considerable cost and anxiety to our client to do so.

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