Success stories

Just a few recent examples:

13th Janury 2012

Mother of four is reunited with her children

Another happy family reunited by Kadmos!  The mother of four has won her appeal in the Upper Tribunal against decision refusing entry clearance for her husband and children after six years of separation and longing.  The four children and their father are now allowed to come to the UK for settlement.  After two years of legal battle, the family will finally settle in London. 

September 2011

Kadmos celebrates another victory winning an appeal under the Human Rights Act for a carer of a disabled person who otherwise would have been required to leave the country

Our client had been a student in the UK who had been working during the period of her studies as a part time carer for a disabled person.  On completion of her studies she was required to leave the country. The Home Office refused her application for permission to remain in the UK outside the rules as the carer in a private household, made partly in reliance on the rule relating to domestic workers. Kadmos has successfully argued that the protection of the Human Rights legislation is not limited to the main appellant, but covers third parties potentially affected by the decision.  In this case, the Immigration Judge found that refusal to grant the Appellant status in the UK would be unlawful being disproportionately harsh on the family employing her as a carer.

July 2011

Kadmos wins appeal against refusal to issue an EEA residence card to a family member of a British citizen exercising her EU right to freedom of provision of services in the European Union

Kadmos represented a family member of a British citizen who was providing academic services across the border to other Member States.  The Secretary of State argued that a British Citizen could not benefit from the EU law if he had not lived, or had not been based, in another Member State and was providing services mainly from his UK home.  Kadmos successfully argued that the Secretary of State had based her argument on the wrong premise and that the client benefited from the more generous provisions of the EU law regarding residence rights of family members of the EU nationals.  The appeal was allowed.

May 2011

Kadmos wins appeal against refusal to extend student visa where the Home Office had argued that the client had to leave the country with no right of appeal and no right to return to the UK within the next 12 months

Once again, the Home Office wrongly advised the applicant that she had no right of appeal against the decision to refuse an extension of her visa.  The Home Office had returned the initial application as invalid claiming they had been unable to take the fee from the credit card proffered on the form.  At the time when they returned the application, the applicant’s previous visa had expired.  She re-applied, but the application was refused on a point of technicality and the Home Office notified her that there was no right of appeal.  Kadmos successfully argued in the tribunal that the Home Office had erred in not giving the applicant the right of appeal and had wrongly refused the application.  The appeal was allowed.

April 2011

Kadmos wins Human Rights appeal against student visa refusal

We challenged the refusal of a student visa extension where the refusal was made in accordance with the immigration rules but had an unjustifiably harsh impact on our client.  The tribunal found that in the circumstances of this particular case, no substantive purpose was served by insisting on the rigid application of the rule and that the appellant’s human rights prevailed.

Kadmos wins appeal against refusal of Tier 1 dependant’s visa

Kadmos successfully argued that the refusal of a Tier 1 dependant visa was not in accordance with the immigration rules.  The Entry Clearance Officer made a series of errors of fact which led to an error of law.   Evidence of the appellant’s sponsor was not challenged in court, and the judge overturned the decision on the day of the hearing.

Kadmos wins appeal against refusal of ILR under the ten-year rule

Before contacting Kadmos the client had made an application for indefinite leave to remain under the10 year “long residence” rule, not realising that she had to satisfy the requirement of ten years' “continuous lawful” residence. There had been a period of one year and a half when the client had remained in the UK without valid leave. The Home Office therefore refused the application giving the client a “one stop appeal” warning with which she came to Kadmos for advice. On careful analysis of the matter, we noted that the break in continuity of leave to remain resulted, to some extent, from a procedural flaw on the part of the Home Office which, on a previous occasion, had failed to advise the client of her right of appeal.  We successfully argued before the First tier tribunal that in this case continuity of lawful residence should not be viewed as having been interrupted.  The appeal was allowed and the client was granted indefinite leave to remain.

Kadmos wins appeal against refusal of Post-Study Work visa

Before contacting Kadmos, the client had made an application for leave to remain as a Tier 1 (Post Study Work) migrant.  Unfortunately, he had failed to declare his driving conviction on the application form.  His application was refused on the grounds that he had used deception.  The Home Office advised him that he had no right of appeal and would be required to leave the country with no right to return within the next five years.  Kadmos successfully argued that the client had an in-country right of appeal against the decision and that a genuine mistake did not amount to deception.  The appeal was allowed and the client was granted a Tier 1 Post-Study Work visa.

March 2011

Kadmos wins appeal against refusal of spouse visa

Kadmos successfully challenges refusal of leave to enter for a post flight spouse of a refugee

Kadmos successfully applies for leave to remain outside the rules for a spouse of a holder of exceptional leave to remain

Kadmos makes successful application for leave to remain outside the rules for a mother of a British child

Kadmos challenges refusal of retained right of residence for an ex-spouse of an EEA national migrant and wins the appeal