Kadmos Consultants Win Immigration Appeal against Refusal of Indefinite Leave to Remain for a Work Permit Holder
(PRWEB UK) 15 July 2013 -- As recorded in the determination of the First Tier tribunal (immigration and asylum chamber), Immigration solicitors from Kadmos Consultants represented the appellant in an immigration appeal against the decision of the UKBA refusing his application for indefinite leave to remain.The appellant was an Indian national, who had been a work permit holder in the UK since 2007. Upon completion of five years of service in accordance with his work permit he applied for indefinite leave to remain. This application was refused for the reason of the appellant's long absences from the UK in the five year period preceding the application. The absences, which totalled more than a three year period, were dictated by the requirements of the appellant’s employer as the appellant had to travel extensively in the Far East and considerable part of the job had to be performed from a remote location outside Britain.
In order to qualify for indefinite leave to remain as a work permit holder the appellant had to have spent in the UK a continuous period of five years.
A definition of “continuous five year period” was introduced into the immigration rules after the application for indefinite leave to remain was made. The current rule says that the applicant should not have been out of the country for more than 180 days in any of the five consecutive 12 calendar months periods preceding the application for indefinite leave to remain.
However at the immigration appeal hearing the judge agreed with the appellant’s representatives in that the definition could not be given a retrospective effect. Instead, it was appropriate to look at the circumstances of the case in the round. The immigration judge found that although the appellant had spent over three years overseas and during this time was paid in local currencies and subject to local taxation, his travels and engagement in the overseas branches of his British employer were at the request of the employer and totally in line with the employment for which the work permit had been issued. The appellant had retained his base in the UK and at all times considered his secondments temporary. He was playing an important role in the company where he was employed and was required to continue in the same employment.
In these circumstances the judge found that the continuity of residence had not been interrupted even though the major part of the five years had been spent outside the UK.
The appellant has now been issued with the documents confirming grant of indefinite leave to remain. He will qualify for naturalisation as a British citizen in less than 12 months.
Kadmos Consultants are one of the leading sets of immigration lawyers based in London. The company helps with applications for entry clearance and leave to remain and represents appellants in immigration appeals across the UK. The firm promotes the rights of migrants and in particular the rights of families with children in the UK.
Case reference IA/29084/2012
Helena Sheizon, Kadmos Consultants, http://www.kadmos.org.uk, 02089309503, [email protected]
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