Mr. P was the spouse of British person and settled in the UK. He was in a happy marriage and from this relationship he had a child who is British.
Sadly, Mr. P’s wife passed away, and he became the sole carer for his child. He now took on the role as father and mother for his child. This tragedy was life changing for Mr P and his child.
Following the death of his wife, Mr. P made an application to UK Visas and Immigration (UKVI) on the grounds that he was a Bereaved Partner and should be granted Indefinite Leave to Remain in the UK. Despite his tragic circumstances and being the sole carer of a British child, UKVI unsympathetically stated that he could leave the UK with the child, and he did not meet the requirements of a Bereaved Partner because he used TOIEC/ETS in the past. This was a baseless allegation, and Mr. P vehemently denied that he cheated or used a proxy in his previous applications regarding his English language skills.
Mr. P appealed to the First – Tier Tribunal Immigration and Asylum Chamber because the decision breached his and his child’s human rights and he should be granted Indefinite Leave to Remain in the UK.
A Y & J Solicitors assisted Mr. P in preparing his appeal and dealt with the false allegations made by UKVI that he had used a proxy taker to undertake the ETS test. Mr. P provided a certificate that showed he had passed an Entry Level Certificate in ESOL Skills for Life (Speaking & Listening, Entry 1) at Trinity College London and obtained overall band 6 in his IELTS test. We also instructed a highly experienced Counsel to represent Mr. P at his appeal.
Within a week, Mr P received a positive decision from the FTT Immigration and Asylum Chamber.
Within a week, Mr. P received a positive decision from the FTT Immigration and Asylum Chamber. The FTT concluded that as Mr. P was the parent of a British National child, it would be unreasonable for them to leave the UK, as this would mean taking away the right of a British national child to reside in the UK.
Furthermore, the First-Tier Tribunal Judge concluded that based on the evidence submitted before the appeal hearing and the finding that Mr. P was truthful and credible, Mr. P did not undertake a false English exam and so the allegation of UKVI was baseless. The First-Tier Tribunal Judge also directed that UKVI reimburse Mr. P for submitting his appeal against their negative decision.
After everything he went through, Mr. P can now devote his time to his child as a caring and focused father. If you have been affected by a negative decision by UKVI, contact A Y & J Solicitors. We’re here to help.