SC CO/0331/2008 (Court of Appeal)
SC CO/0331/2008 (Court of Appeal)
Court Of Appeal Case
Criminal
A technical issue, whether it is possible under the Immigration Rules to apply for Indefinite Leave to Remain, while having no extant leave to be in this country. The appellant (with her 8 year old child) was dependent on her sister in the UK, her application to remain on this basis had been accepted as a valid application by the Home Office, she had won at first instance but the Home Office had successfully overturned this at reconsideration. Mother and child had been in the UK nearly 7 years, and it was submitted to the Court of Appeal that the Rules and case-law (JL(India)) allowed for ILR without entry clearance in a number of categories. This was however unsuccessful.