We recently achieved a positive outcome for a 17-year-old child seeking to join his godparents in the UK after losing his father, who was his sole carer in his home country. The case presented significant challenges, requiring a detailed and thorough approach from our legal team.
Case Background
After the sudden death of his father in 2023, the child was left without long-term care arrangements in his home country. His mother, who lived abroad, could not sponsor him due to her immigration status. The child’s godparents, who are British citizens, intervened to provide financial and emotional support and secured sole parental rights and responsibilities through a court order in his home country.
Despite these efforts, the child’s application for indefinite leave to enter (ILE) the UK was refused. The Home Office raised concerns over the authenticity of documents, including a DNA report confirming paternity, and questioned whether the circumstances met the requirements under Paragraph 297 of the Immigration Rules, considering that the child was not related to his godparents, and they had not adopted him.
The Appeal Process
The appeal required detailed preparation and close coordination between the legal representatives, barristers, and the client. Success depended on providing strong evidence to address the refusal grounds and demonstrating the serious and compelling circumstances of the case.
Key steps included:
1.Comprehensive Evidence: We presented the court order, financial records, DNA evidence, and references from reputable institutions in the child’s home country.
2.Credible Testimony: The godparents provided detailed statements, supported by additional evidence from schools, highlighting the child’s needs and their ability to care for him.
3.Advocacy: At the tribunal hearing, the barrister argued that the child’s exclusion from the UK would have severe consequences, affecting his emotional well-being and stability.
Why These Cases Are Complex
Applications under Section 297 require applicants to prove “serious and compelling family or other considerations” that make a child’s exclusion undesirable. The bar is set high to ensure these provisions are used appropriately, often making these applications and appeals challenging.
The challenges in this case included:
• Document Verification: The Home Office questioned the reliability of DNA evidence, as the provider was not on their approved list, and raised concerns about gaps in the birth certificate.
• Burden of Proof: The legal team had to establish the absence of viable care arrangements in the home country and prove that the godparents met the definition of ‘relative’ under the Immigration Rules.
Recent statistics show that fewer than 50% of appeals under Section 297 are allowed, making presenting a clear and well-supported case essential.
The Outcome
The First-tier Tribunal allowed the appeal, granting the child indefinite leave to enter the UK. The judge found that the child’s exclusion would have severe and unjustifiable consequences, given his emotional reliance on his parents and the lack of care options in his home country. This case demonstrates the importance of teamwork between legal representatives, barristers, and clients in ensuring a successful appeal. It also highlights the value of obtaining credible references from authorities in the applicant’s home country to address concerns raised by the Home Office.
If you face similar challenges, our team is here to provide expert legal guidance and support throughout the application or appeal process, ensuring the best possible outcome for you and your family.
