Application made while in the UK without a visa

“My communication with Robin was excellent, very direct and friendly

~ Daniel Larrotta Garrido

 

 

Daniel Larrotta Garrido is a Colombian national who first came to the UK as a student.  He wanted to stay on in the UK, and when he was offered a job and his employers were prepared to sponsor him, he applied to remain in the UK under Tier 2, as a sponsored worker.  Unfortunately when Daniel made his application he used an incorrect form, and his application was returned as invalid.  He submitted another application, but this too was returned as invalid, as he had forgotten to enclose essential documents with it.  Daniel was in a subsisting relationship, and he now put in an application on the basis of his relationship, but though the Home Office accepted that Daniel’s relationship was genuine, his application was refused because he was in the UK illegally.  Daniel had overstayed his visa by a year when he came to us for advice.

Daniel’s partner is an Irish national, but under EEA law unmarried partners do not have the same rights as spouses.  We advised Daniel about the choices he had – of going back to Colombia and making an application from there, or of making an application for a Residence Card from within the UK, with no certainty that it would be granted.  Daniel opted to make another application from the UK.

Though it is always important to put in lots of evidence with an application, it was even more so in Daniel’s case, because of his immigration status.  We needed to put an application in as soon as possible, but it was important to get it right, so it was around three weeks after Daniel first came to us that we were able to put in an application for him to remain as an “extended family member”, with lots of evidence to show the genuineness of his relationship, and, of course, representations making legal arguments as to why his application should be granted.

Daniel now has a Residence Card under EEA law, and is living legally in the UK with his partner.

This is what Daniel had to say when we asked him for a testimonial:

“My communication with Robin was excellent, very direct and friendly. From the very first moment I contacted him, he advised me that I could make an application as the partner of a European citizen, and explained all my options to me, and what could happen.

I was very confused by all the different forms I had seen on the Home Office website and had had a few failed applications months before deciding to get in touch with a lawyer, but after having my consultation at Global Immigration Solutions I was shown the best category under which I could apply. Robin himself put all the evidence together, did the letter of representation for me and it paid off.

Now I am allowed to continue living in England with my partner and can also exercise my right to work.”