Ian* moved to the UK in 1993, married a British citizen and settled down. In the early 2000s, he served some time in prison and the Home Office sent him a letter threatening to deport him, but took no further action. Years later in 2016, he was fired from his job when the Home Office wrote to his employer telling them he had no right to work and threatening to deport him again.
In the decade between the threats to deport him, Ian had lived quietly, been steadily employed and his wife had given birth to two children. He decided to appeal the deportation decision and turned to Advocate for help with advice and representation at the hearing. Ian needed to prove that there would be “unduly harsh” consequences for his family both to relocate with him and to remain in the UK without him. Medical evidence given to the Home Office showed that his second child suffered from various complicated conditions requiring specialist treatment that was not available in Ian’s country of origin.
The Judge said that in these circumstances it would be unduly harsh for his child to stay in the UK without Ian because:
“his relationship with both his parents is vital to his physical and mental well-being.”
He also said that Ian was “a key provider of the stable environment” and “the person most adept at calming [him]”. He allowed Ian’s appeal to stay with his family in the UK.
Ian’s barrister said:
“I was delighted to represent this client – he is a true gentleman and his family are lovely. After a very turbulent and upsetting period from 2016 onwards, the applicant now has the right to remain and the right to work in the UK and he will not be separated from his partner or children. They are all so happy and relieved.”