A loving family separated due to persecution, this is what we faced when approached by Mr and Mrs P, a couple from Albania.
The couple had both overstayed their visas and were currently without valid leave in the UK. They had two young children who had been forced to flee Albania many years ago due to persecution, however, in the process, they tragically lost all contact with their parents. Eventually, the children were granted refugee status and placed with a foster family in the UK.
After searching and with a lot of help from their close-knit Albanian community, they managed to track down their children, but the journey to reunite the family was only just beginning.
They now needed to make the necessary arrangements for the children to live with them and for Mr and Mrs P to regularise their status in the UK.
After many years of searching, the couple, with the help of the close-knit Albanian community, managed to track down their children and finally reunite with them. However, their journey was far from over. The family’s biggest challenge now was arranging for the children to live with their parents, while also helping Mr. and Mrs. P regularize their immigration status in the UK. This is where A Y & J Solicitors came in.
The couple submitted an application to stay in the UK based on their private and family life, but their application was unfortunately refused. They then sought our assistance with the appeal process.
The Appeal Process
Our first step was to liaise with social services, who confirmed that they had carried out an assessment and were in the process of arranging for the children to live with their parents, they also provided a glowing reference in support of the appeal.
We also provided evidence that Mr P had a job offer and was able to start work as soon as he had permission to do so. Prove of suitable accommodation was enclosed as well as medical records for the children. The elder child was suffering from epilepsy, and it was crucial to include this in our supporting evidence.
We then moved to the most crucial evidence the witness statements, a statement was drafted from both Mr and Mrs P, we detailed their history, the current situation, the emotional toll of the separation and the impact on the family if they were to be removed to Albania.
Another important to highlight at this stage was that the children would not be able to visit their parents in Albania due to their refugee status.
After weeks of preparation, the evidence was compiled into a comprehensive bundle with which we provided legal arguments outlining the flaws in the Home Office’s decision.
The Outcome
As per the appeal process, the Home Office reviewed the documents we had submitted. After considering the evidence, they decided to withdraw their refusal, no longer wishing to proceed with the hearing. They granted Mr. and Mrs. P leave to remain in the UK based on their family and private life.
Summary
The successful appeal required a significant amount of work, ensuring that every refusal point was addressed and that we provided the necessary evidence to highlight the importance of keeping this family united. After years of separation, trauma, and uncertainty, we were able to help them find the hope and stability they deserved.
Written by Nagina
