This case study has a happy ending but it shows what long winded consequences a simple error of completing the wrong application form may have.
Our client, a Tier 1 General migrant, contacted us when she received a refusal of her application for indefinite leave to remain and a decision to remove her from the UK. Her passport had been retained by the Home Office for enforcement of removal.
We read the papers and had to advise the client that unfortunately she had completed the wrong form. Technically, the decision was correct: she did not qualify for indefinite leave to remain. But she would have qualified for further leave to remain as a Tier 1 General migrant!
Fortunately for our client she had been served with a so called “one-stop appeal notice”. This notice is sometimes added to the decision to remove the person from the UK and invites them to bring forward any reasons why they should be allowed to stay.
We challenged the decision to remove our client and responded to the “one-stop notice” that Tier 1 General would be the alternative ground to consider. The Home Office ignored our representations and we proceeded with the appeal in the tribunal. We argued that the immigration judge had the jurisdiction to make a decision on the Points Based application. We then showed to the tribunal that the client scored all the required points for extension of stay. The appeal was allowed on the day of the hearing.
Another victory that we happily celebrate with our client!