Successful immigration law cases
At Richmond Chambers, our immigration barristers have an established track-record of achieving successful outcomes for our clients in both applications to the Home Office (UK Border Agency) and appeals before the First-tier Tribunal (Immigration and Asylum Chamber), Upper Tier Tribunal and higher courts.
The following are just a small selection of the many hundreds of cases in which we have achieved positive results for our clients:
Tier 1 (Investor)
We assisted a successful property developer from China to obtain entry clearance to the UK in the Tier 1 (Investor) visa category.
We secured an extension of stay in the UK for a Chinese student by successfully assisting him to switch into the Tier 1 (Investor) category.
Tier 1 (Entrepreneur)
We successfully assisted a student from Iran to extend his stay in the United Kingdom as a Tier 1 (Entrepreneur) Migrant.
We obtained a UK Entrepreneur visa for a Chinese businesswoman who wanted to relocate to the United Kingdom with her family using the Tier 1 (Entrepreneur) Migrant route.
We secured a Tier 1 (Entrepreneur) visa for a national of Pakistan who wanted to switch from the Tier 1 (Post-study work) category into the Tier 1 (Entrepreneur) category.
Tier 1 (General) Highly Skilled Worker
We obtained leave to remain in the United Kingdom as a Tier 1 (General) Migrant for an accountant from China whose application had been rejected by the Home Office because of insufficient maintenance funds.
We persuaded an Immigration Judge to allow the appeal of a businesswoman from Russia who had been refused a Tier 1 (General) Migrant visa because she had claimed Child Benefit in breach of her conditions of leave.
We assisted a doctor from Pakistan to extend his stay in the United Kingdom as a Tier 1 (General) Migrant in order to continue his career in the NHS.
Tier 1 (Post-Study Worker)
We successfully represented a doctor from India who had been refused leave to remain in the United Kingdom as a Tier 1 (Post-Study Work) Migrant because he had failed to provide sufficient evidence of previous earnings.
Tier 2 (Skilled Worker)
We overturned a decision of the Home Office to refuse a citizen of Pakistan leave to remain as a Tier 2 (General) Migrant after he failed to observe a condition attached to his grant of leave to enter by failing to apply for leave to remain within 6 months of hisIED being issued.
We successfully helped a citizen of India to overturn a decision of the Home Office to refuse him leave to remain as a Tier 2 (General) Migrant after it had been decided that his Post-Graduate Diploma did not qualify for an award of points for either 'Qualifications' of 'English Language'.
Tier 4 (General) Student
We successfully represented a student from Iran who was refused leave to remain in the UK as a Tier 4 (General) Student Migrant because she had failed to produce either a valid visa letter or sufficient evidence of maintenance funds.
We persuaded an Immigration Judge to allow the appeal of a citizen of the United States of America who had been refused leave to remain as a Tier 4 (Student) Migrant because the evidence of maintenance funds was dated more than one month prior to the date of application and did not contain all the required information.
Through judicial review proceedings, we overturned a decision to refuse entry clearance as a Tier 4 (General) Student to a Pakistani national who had been accused of submitting false documents in support of his application.
We applied for judicial review of a decision of the UKBA to refuse to grant a citizen of Bhutan further leave to remain as a Tier 4 (General) Student Migrant, arguing that the UKBA had applied the wrong approach when assessing our client's ability to satisfy the maintenance requirement. The UKBA agreed to reconsider our client's application against the correct Immigration Rules and then granted him a student visa.
We obtained indefinite leave to remain in the UK for a national of the Philippines who had been out of the UK for more than 6 months at once during her work permit visa.
We successfully applied for settlement for a citizen of China who had lived in the UK for a continuous period of 5 years as a Tier 1 (General) Migrant.
We assisted a national of Pakistan to secure indefinite leave to remain in the United Kingdom as the spouse of a settled person.
EEA Nationals and Family Members
We assisted a citizen of Mauritius to obtain an EEA Permanent Residence Card on the basis of his marriage to a Polish national, even though the couple had separated at the date of the application.
We secured an EEA Residence Card for a Brazilian national on the basis of her former marriage to a Portugese national, even though she could not obtain her former husband's passport and therefore had no evidence of his nationality.
We successfully applied for EEA Family Permits for three US citizen family members of an Irish national working in the United Kingdom, which enabled them to be reunited with their husband and father in the UK.
We obtained an EEA Residence Card for a citizen of Russia as confirmation of a right to reside in the UK as a non-EEA national extended family member of an EEA national exercising Treaty rights in the UK. We persuaded an Immigration Judge that our client and her partner were in a 'durable relationship' even though they had co-habited for less than 2 years.
We overturned a decision of the Home Office to refuse to grant our client an EEA Residence Card as confirmation of a right of residence in the UK as the dependant family member of an EEA national by persuading an Immigration Judge that our client was genuinely dependent upon her EEA family member even though she was in paid employment.
We overturned a decision of the Home Office to refuse to recognise a citizen of Brazil's right of admission to the UK as the spouse of an EEA national by persuading an Immigration Judge that our client was not involved in a marriage of convenience.
We secured a visit visa for a citizen of Nigeria who had been refused leave to enter the UK as a family visitor because the Home Office was not satisfied that he was related to his sponsor or intended to leave the UK at the end of his visit.
We persuaded an Immigration Judge to allow the appeal of a Russian national who had been refused leave to enter the UK as a family visitor on the ground that during a previous visit she had stayed longer than she initially stated that she would.
We overturned a decision of an Immigration Judge to refuse a citizen of Pakistan a visit visa after she failed to mention a previous refusal as a dependent in her application form.
We obtained a visit visa for a national of Kyrgyzstan who had previously been refused twice due to having been deported from another country.
We overturned a decision to refuse a medical treatment visit visa to an Iraqi national who had previously been removed from the UK for not studying when on a student visa.
Marriage and Partnership
We were instructed by a Sudanese national who had been refused leave to enter the UK with a view to settlement with her husband. Our client was granted settlement in the UK after we persuaded an Immigration Judge that the Home Office's concerns regarding the genuine nature of the marriage, the intentions of the parties to live together and the adequacy of their accommodation were unfounded.
We secured indefinite leave to remain in the United Kingdom for a Brazilian spouse of a British citizen where the Home Office alleged that our client had remained in the UK in breach of immigration laws by not studying whilst here on a student visa.
We assisted a national of the Phillippines who was holding a work permit visa to extend his leave to remain in the UK on the basis of his civil partnership with a British citizen.
We persuaded an Immigration Judge to allow the appeal of a Chinese national who had been refused entry to the UK as the dependant spouse of a Tier 1 (Post-Study Work) migrant by demonstrating that their relationship was subsisting at the time of their visa application and they did intend to live together as husband and wife in the UK.
We persuaded an Entry Clearance Officer to grant a dependant visa to an Australian child on the basis that her mother had sole responsibility for her upbringing, even though a court order had declared that her father had joint responsibility for her.
We persuaded an Immigration Judge to allow the appeals of two children from Afghanistan who wished to join their mother in the UK because, even though they lived with their father who was able to provide for them, there were serious and compelling circumstances that made it undesirable to exclude them from the UK.
Adult Dependant Relatives
We assisted a British citizen to successfully challenge a decision of an Entry Clearance Officer to refuse to allow his elderly dependant parents to settle in the UK from Pakistan. We persuaded an Immigration Judge that the parties were related as claimed, that the parents were mainly financially dependant on their son and they had no other close relatives to turn to for financial support in their own country.
We appealed against a decision of an Entry Clearance Officer to refuse to grant entry clearance to a citizen of India as the elderly dependant parent of his son who was settled in the UK. An Entry Clearance Manager reviewed our grounds of appeal and decided to withdraw the refusal decision and grant the visa, without the case having to go to court.
We obtained indefinite leave to remain for a citizen of Taiwan on the basis of 10 years continuous lawful residence in the UK even though there was gap of 2 months between his leave to enter expiring and submission of a fresh application for leave to remain.
We obtained indefinite leave to remain for a citizen of Pakistan on the basis of 10 years continuous lawful residence in the UK even though his last period of leave had already expired and he could only accumulate 10 years residence by relying upon a period when he was exhausting his appeal rights.
We won the appeal of an Indian national who had been refused indefinite leave to remain on the basis that the Home Office believed that most of his 10 years' residence in the UK was unlawful. We persuaded an Immigration Judge that the Home Office's previous work permit application procedures meant that our client had actually been here legally, awaiting a decision on a previous application, for several years.
We overturned a decision of an Entry Clearance Officer to refuse to grant entry clearance to a citizen of Malaysia who sought to enter the UK as a returning resident. We persuaded an Immigration Judge that although our client had been away from the United Kingdom for more than 2 years, the strength of her ties with the UK meant that she should be allowed to return with indefinite leave to remain status on a discretionary basis.
We successfully represented a citizen of Turkey in her appeal against a decision of the Home Office to refuse to grant leave to remain in order to establish herself in business in the UK under the Turkey-European Community Association Agreement (ECAA). We persuaded an Immigration Judge that there was no merit in the Home Office's allegation that our client had submitted a fraudulent application.
We overturned a decision of the UKBA and an Immigration Judge to refuse to grant a citizen of Turkey leave to remain in the UK as a businessperson under the Ankara Agreement by demonstrating that our client had genuinely established in business and his share of the profits of the business was sufficient to support him.
We successfully overturned a decision of the Home Office to make a deportation order in respect of a citizen of Mauritius who had a long history of criminal convictions for violent and dishonest behaviour. We persuaded an Immigration Judge that because our client had spent much of his chlildhood in the UK, had made efforts to address his offending behaviour and now had the support of his family then it would be a breach of his human rights to remove him from the UK.
We successfully quashed a decision of the Home Office to make a deportation order in respect of a citizen of Nigeria who has been convicted of supplying Class A drugs. We persuaded an Immigration Judge that our client did not present a serious risk of re-offending and that it would be a breach of the European Convention on Human Rights to separate him from his partner and child in the UK.
We were instructed by a high profile politician from Uganda who sought asylum in the UK on account of his opposition political activities. He was granted refugee status after we persuaded an Immigration Judge that his account was credible and that he faced a well-founded fear of persecution in his country of origin.
We prepared an asylum application for two unaccompanied minors who feared persecution in Iran on account of their conversion from Islam to Christianity. The UKBA decided to grant refugee status to both children upon our application.
We secured international protection for a female citizen of Iran who feared domestic violence at the hands of her abusive husband.
We successfully assisted a citizen of Colombia to secure Discretionary Leave to Remain in the United Kingdom on the basis of his private and family life in the UK even after he had spent several years living in the United Kingdom without lawful status.
We advanced human rights arguments based upon the right to respect for family and private life in the United Kingdom in order persuade an Immigration Judge to allow a citizen of St. Lucia to stay in the UK after the Home Office had declared that his conduct and character meant that it was undesirable for him to be permitted to remain here.
We helped a Kenyan national who had overstayed her visa for several years to obtain leave to remain in the UK based on her family life with her British partner.
We won an appeal against a decision to remove a Ghanain brother and sister who had lived in the UK since childhood and established a private life here.
Visa Application, Immigration Appeals, Business Immigration
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"Paul is a technical expert ... he just knows all the answers. I now have my visa and can finally get on with my life!"
Mr. Senanayake - granted further leave to remain as a Tier 1 (General) Migrant