A visa for the UK is not necessarily about the individual person’s need to settle in the UK but more so, their family’s need for them to remain here, a need which can arise for a number of reasons.  

The applicant (Mrs A) who instructed us was in this same situation, she was an Indian national with a daughter who had British citizenship (Mrs P). The applicant’s son-in-law sadly committed suicide during the covid pandemic. This left a lasting impact on the whole family, but especially the applicant’s grandson who lost his father at a very young age.  

The situation:  

After the death of her husband, Mrs P travelled to India for the burial, as per the request of her deceased husband’s parents. On the way back the applicant accompanied her daughter to the UK to assist her and her grandson resettle during this difficult period of their life.  

Once in the UK, Mrs P went back to work, and due to her highly demanding corporate job, she was often out for work including overnight stays, and her child was left in the care of his grandmother, the applicant.  

The child, due to the loss of his father, was suffering from various medical conditions and grew extremely attached to his grandmother.  

The applicant had submitted an application to remain in the UK, however, it had been refused and we were instructed to assist with the appeal.  

The process 

We had an in-depth consultation to understand the current family situation, we focused on each person individually and established their connection and need for the applicant to remain in the UK.  

We set a plan and established which documents would be required to ensure the best possible chance of success. We set out the timelines and the appeal process, so the family was fully aware of what to expect.  

It was established that the individual that would be impacted the most would be the child. It was clear that due to the loss of his father, any further separation would be damaging. We obtained medical evidence that a further separation from his grandmother could have a devastating and lasting impact on his psychological development. In addition to the medical evidence from the GP, we also provided an independent medical report in support of the appeal.  

We gathered all the medical evidence and provided key evidence, in the form of detailed statements from the applicant and her daughter describing her role in the child’s life. This was all compiled into one bundle, we worked closely with Counsel who was an expert in these matters to prepare the final stages of the appeal.  

The family was aware that the application was outside of the rules and a crucial aspect was to provide compelling evidence to support the reasons for the applicant to remain in the UK.  

This was then all filed with the Tribunal in anticipation of a hearing.  

The outcome 

With the Home Office unwilling to withdraw their decision, we proceeded to a full hearing. The applicant and her daughter were prepared for the hearing and understood the process, ensuring that they were confident in answering the questions. 

We received a positive decision from the Judge, and in a moment of relief for the family, Mrs A was granted leave to remain in the UK, allowing her to remain with her daughter and grandchild.  

AY&J Solicitors 

Every case is unique and requires a tailor-made approach, we don’t have a one-size-fits-all policy because it doesn’t work. We take care and listen to the needs and wants of our clients to ensure we achieve the results they want, It is our care, compassion, and commitment to our clients that allows us to receive positive results time and time again.  

Written by Nagina

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