Simpson Millar Helps Rectify Loss of Indefinite Leave to Remain


Ms Clarisa Rosalia Astorga Pina came to specialist Immigration Solicitors, at Simpson Millar LLP when she received a refusal on her returning resident's application. She had initially come to live in the UK back in 1998 with her three young children to join her settled husband and in 2000 she had been granted indefinite leave to remain.

In 2005 Clarisa had to return to Chile as her elderly father who lived alone there became ill; she chose to go and look after him. Aware that if she spent more than 2 years outside of the UK she would lose her indefinite leave to remain, she had a difficult decision to make. Clarisa was her father's sole carer and so stayed in Chile to care for him until January 2011 when he passed away.

Loss Following Absence

After 2 years absence, she had lost her indefinite leave to remain and the right to automatically re-enter the UK.

Before Clarisa could apply to join her children in the UK who were now adults, she had to deal with some administrative matters which took time in delaying her visa application. When she made her application for an entry clearance as a 'returning resident', the British Embassy did not believe that there were any compassionate circumstances justifying her lengthy absence from the UK.

We helped Clarisa to challenge the decision and prepare detailed evidence to present her case to the Immigration and Asylum Chamber, First Tier Tribunal. On hearing the appeal in 2014, the First Tier Tribunal Judge accepted that Clarisa's case fell within the 'Exception to the two year rule for those who have strong ties to the UK' and within a few months a visa was issued granting her Indefinite Leave to Enter the UK.

When speaking about her case, Clarisa had the following comments regarding her service from Simpson Millar LLP's Immigration Team:

"Thanks to these people who've made this dream a reality, a dream that many times seemed impossible to reach, and one that we have achieved together. Your attention was always diligent throughout this long journey full of uncertainty."

"Moreover, even after being told that my case had only a 50% chance of success, all proceedings were carried out to ensure the best chance of success."

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