Unlawful work permit

Problem

Our clients had been misled by an OISC advisor, who had told them that they need only set up a company , to permit them to employ themselves, and thereby obtain a Work Permit in the United Kingdom. When their business was subsequently visited by the UKBA, our client disclosed the nature of his ownership, and the UKBA , some months later took the decision to revoke permission to remain. This information was never relayed to our client , until a further eighteen months later on , when he was stopped at Dover with his wife and two sons. He was refused re entry and given temporary admission for one month to arrange for his departure. His eldest child was blind and severely brain damaged.

Strategy

MAGNE & CO commissioned the following reports:

  • An educational and neuropsychological report on the eldest child, to set out his mental capabilities;
  • An assessment of the language capabilities of both children to assess their likely ability to learn the language of their country of origin;
  • A psychiatric report from a Doctor native to the children's country of origin to assess their likely degree of assimilation in the event of a return.

Solution

By showing the UKBA that the eldest child's intellectual capacity was so limited that he would never learn the language of his country of birth, and that his blindness would lead to perpetual isolation, we were able to secure discretionary leave to remain for the family.

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