Further Leave to Remain for a Chinese National
Read our 1001 reviews
Background
The client is a Chinese national who is married to a British citizen, and they have a child together. Their daughter has additional needs requiring ongoing medical treatment, and the couple felt the UK healthcare system would be able to provide this.
The applicant initially travelled to the UK on a visitor visa when their daughter required an operation. However, she realised she wanted to remain in the UK with her daughter and husband permanently, especially as she had concerns over the level of treatment her child would receive back in China.
What were the challenges with the case?
As our client had overstayed in the UK on the visit visa, it was clear they needed legal advice to apply for Leave to Remain. In addition, the sponsor was unemployed and was receiving state benefits to be the main carer of their child, so was unable to meet the required financial support criteria.
In addition, the couple needed to apply for a waiver of the fees as they could not afford the cost of making an application to the Home Office.
How did our lawyers help?
Our team helped to demonstrate under EX.1 in Appendix FM of the Immigration Rules that it was not reasonable for our client’s daughter to leave the UK, ie the applicant has a genuine and subsisting parental relationship with a child who is under 18, in the UK and a British citizen.
The application was further supported by our research on how disability is treated in China by medical professionals and in education.
What was the outcome?
The applicant’s Further Leave to Remain (FLR) was successfully approved and the cost of the application was waived.
