OTS Successful Appeal Against Further Leave to Remain Refusal

Facts of the case

Our client, AB, arrived in the UK in December 2010 with entry clearance as the sole representative of an overseas business which was valid until October 2013. He was later granted an extension until November 2015. Before Mr B became a client of OTS Solicitors, he made an application In October 2015 for indefinite leave to remain with his spouse as his dependent, however his application was refused in February 2016 on the grounds that he did not satisfy the criteria of the immigration rules under Paragraph 147. Without the help of Solicitors, AB  made an administrative review request in February 2016, however this was also refused in March 2016 on the same grounds.
 
At this point, AB approached OTS Solicitors as his new solicitors and instructed our team of immigration lawyers to submit an application seeking further extension to his leave.
 
Grounds of the successful appeal

We submitted that our client did satisfy the criteria of Paragraph 147 due to the fact that:

• Our client’s business had its headquarters and principle place of business outside the UK;
• Our client was employed as a representative of the business;
• Our client was required to by his employer to continue his employment;
• Our client was receipt of a salary from his employer;
• Our client was generating business for his employer; and
• The company our client represented was registered at Companies House
 
We further submitted that the refusal was a breach of his treaty rights under Article 8 of the European Convention of Human Right which guarantees the right to respect for private and family life and that the refusal failed the test under R (Razgar) v. Home Secretary [2004] 2 AC 368.
 
This case resulted in the best outcome of our client due to the application carried out by OTS Solicitors immigration lawyer, Dr Lusine Navasardyan.
 

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