Application for leave to remain in the UK on the basis of family life as a parent of a British child/victim of domestic violence
Our client initially entered the UK on a Tier 4 (General) Student visa. She extended her student visa once and then switched to a Tier 1 (Post-Study Work) Visa. Subsequently, she developed a relationship with and married a British citizen. She was then granted leave to remain as a spouse and two children were born to the couple. Unfortunately, after a few years the dynamics of their relationship took a different turn when her husband began to subject her to emotional and physical abuse (we cannot go into too much detail in order to protect and preserve client confidentiality). Suffice to say her husband treated her abhorrently to the extent that she felt she had no option but to end her marriage. Therefore, she escaped from the marital home taking the young children with her.
She was now in a very precarious position. Her spouse visa was due to expire in a few months and she could not rely upon her estranged husband to support an extension application in respect of her spouse visa. At this point she instructed us to advise and assist in regularising her immigration status in the UK.
We obtained a detailed history from the client regarding her relationship breakdown and prepared and submitted her application for leave to remain in the UK on the basis of her family life as a parent. We emphasised to the Home Office the compelling and compassionate circumstances of her case, the fact that she was the mother of two British children with whom she had a very close relationship (her family life), her significant private life in the UK and the strength of her connection to the UK, her personal history including character, conduct, associations and employment record, and the insurmountable obstacles preventing a return to her country of origin with the children.
3 ½ months later our client was granted leave to remain in the UK for a period of 2 ½ years on the 10-year parent route under Paragraph D-LTRPT.1.2. of Appendix FM of the Immigration Rules. She must apply to extend her visa every 2 ½ years until she is eligible to apply for settlement (indefinite leave to remain in the UK) after the 10-year period.
