Facts: OZ is a Pakistani national living in the UK with his partner and a child. Both partner and the child have British citizenship. OZ overstayed his student visa for more than a year and his passport was retained by the home office that was sent with his student visa application earlier. His wife does not work and is totally reliant on public funds for her survival. She has all her family settled in the UK. OZ sought our advice and services in respect of sorting out his immigration matter.
Advice: We advised him to make an application on 10 years parent route and also on the basis of the welfare and the best interests of the child. He was able to provide several documents that he and his family live together in the UK and we argued on the welfare and the best interests of the child that demand both parents to be with the British citizen child allowing them to play their parental role. We relied on several leading case laws of the Upper Tribunal and the Court of Appeal in support of the welfare and best interests of child.
Outcome: The Home office granted leave to remain to OZ on 10 years route.
Further advice: This is a 10 year route visa and he would only be able to apply for ILR upon completion of 10 years in the UK starting from the date of issuance of this visa. He may switch to 5 years route visa, if he is able to show earnings of at least £18600 and pass English language test. This would mean that he would be able to acquire Indefinite leave to remain upon completion fo 5 years instead of 10 years.