Virginia, US

Fragomen’s Charles Green successfully represents appeal against removing an Australian therapist from the United Kingdom

Fragomen’s solicitor Charles Green successfully represented an appeal against removing an Australian therapist from the United Kingdom.

An Australian therapist entered the UK on the basis of her marriage to an Italian citizen and was granted a 5 year Residence Card. However, her marriage failed within a year and she contacted the Home Office to take advice on her immigration status.

She was (erroneously) told she did not have to do anything and at year 5 she would be able to apply for Permanent Residence. She was delighted with this advice and got on with her life independent of her estranged husband.

At Year 5 when she applied for Permanent Residence, however, her application was refused on the grounds that she had not retained the right of residence following her separation and her husband's departure from the UK a number of years earlier.

The therapist was referred to Charles to lodge an appeal against the refusal.

Charles and his team pursued the appeal by providing considerably more evidence consisting in the main of testimonials from individuals and families whose lives she had transformed through her work, as well as testimonials from professionals in her field (including an NHS Trust Chief Executive) who attested to her outstanding and much needed skills.

The appeal was allowed and the Home Office did not seek to challenge it further, granting her leave to remain within a couple of weeks of the appeal.