Appeal against the refusal of Indefinite Leave to Remain (ILR) in the UK

We were instructed by a client, who was a victim of Domestic Violence, in her ILR application, which was refused. The refusal decision was challenged by way of appeal.

Our client’s application was refused on the basis that her husband was not a British Citizen or a person with ILR. However, her former husband had qualified for and obtained ILR by the time the Home Office had made the refusal decision, our client was still married to her husband at that time.

Our client had made several attempts to obtain documentary evidence to demonstrate this, however, she was unsuccessful in doing so since she was estranged from her former husband, which led her application to being refused.

We were then instructed by the client to appeal the refusal decision, as it was not in accordance with the law, as her husband was a permanent resident of the UK at the time the ILR application was refused.

Given the background and the circumstances of the case, the appeal was heard and allowed by the Upper Tribunal. The refusal decision was set aside, and our client was granted a period of 30 months leave to remain on the 10-year private life route.