In this complex case, our client, a female Ukraine national, sought our help to remain in the UK with her husband and daughter.
Twenty years prior to the case, our client had divorced her husband in Ukraine. After the break up of the marriage, her ex-husband fled the country in fear that his life was in danger due to his political beliefs.
He illegally entered the UK with his daughter as his dependent and claimed asylum, resulting in both being granted refugee status by the Home Office.
Five years later, our client came to the UK to visit her daughter and ex-husband. During her visit, she and her ex-husband rekindled their relationship and later remarried.
Supporting our client in making a human rights claim
In an effort to help our client claim for a variation of her leave so she could remain in the UK with her family, we advised her to issue a human rights claim under Article Eight of the European Convention on Human Rights. This states that an individual has a right to enjoy family and private life without interference by a public authority, subject to certain restrictions. We argued that the only place in which our client could achieve this right was the UK, due to her husband’s status as a political refugee and inability to return to Ukraine for fear for his life.
The outcome of the case
Initially, our client’s application for a variation of her leave to remain in the UK was refused by the Home Office. However, after a successful appeal, our client was granted three years discretionary leave and therefore allowed to remain with her family.