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OTS Successful Discretionary Leave to Remain Visa Application

Posted onJanuary 12, 2016

BA, who is originally from Nigeria, came to us after two discretionary leave to remain applications had been declined without right of appeal and the Court refused to grant her leave for a judicial review as to why a right of appeal was refused.

BA had been an overstayer in the UK for eleven years; however, she was married to a British national, and had a baby boy who was born in the UK.

How we Helped

If an individual has overstayed their visa entitlement, they are entitled to apply for Discretionary leave to remain in the UK on the basis that by removing them from the country, the UK Border Agency would be breaching the Government’s obligations under Article 8 of the European Convention on Human Rights. Article 8 states that a person has the right to a private and family life.

BA had clearly created a family life here in the UK; therefore, we made a fresh application under Appendix FM EX1. Paragraph EX1 can be used to apply for leave to remain in the UK by a person who has a genuine and subsisting parental relationship with a child, who is under 18 years, a British citizen, and for all intents and purposes, cannot be expected to leave the UK if the parent is removed.

Our application was successful, and BA now has leave to remain in the UK with her husband and son, free from any Immigration worries.

This work was carried out by Principal Solicitor Teni Shahiean and Senior Caseworker Nataliya Bondarets.

To find out how we can help you with your Immigration issue, please phone our London office on 0207 936 9960, to talk to one of our experienced Immigration Solicitors.

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OH dear OTS with Hans and his team are super. They assisted me greatly with my immigration documentations and i was so happy with the final result. Hans is so prompt with reverting with answers to queries. Hans shows a lot of professionalism in his job and he is very proactive in dealing with urgent issues which occurs during the process. He has a great legal knowledge pertaining to meeting our needs. The team is very proactive and efficient in processing immigration issues above all they show friendliness and their approach is welcoming when it comes to their services. We are ever ready to recommend their services to everybody and to anybody who might need their help Case Workers: Hans Sok Appadu
We have received an outstanding service from Nollienne who ensured that my husband’s settlement visa application is expedited to be able to travel to the UK on time for the birth of our baby girl. Many thanks to Nollienne and to the whole OTS Solicitors team. Case Workers: Nollienne Alparaque
I want to express my gratitude for the exceptional support provided by Sanae Sahebjalal, in my family extension visa application. Sanae demonstrated an impressive level of professionalism, making the intricate process seamless and stress-free. Her clear communication, attention to detail, and proactive approach ensured I was well-informed at every step. What truly sets Sanae apart is her genuine empathy and dedication. She not only understands the legal aspects but also cares deeply about the well-being of her clients and their families. A heartfelt thank you, Sanae, for your unwavering dedication and support. Case Workers: Sanae Sahebjalal
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I had several cases including Naturalization, Family resident visa and BRP. The cases had been mishandled by other lawyers at different times. Having dicovered OTS. My cases were assigned to Sanae Sahebjalal, who managed the cases very thouroghly to thier successful conclusions. I cannot commend Sanae enough on her proficiency. Case Workers: Sanae Sahebjalal