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IMMIGRATION CASE STUDIES

James, an EU national, had been legally living and working in the UK since 2011. He had been diagnosed with panic disorder, had experienced auditory hallucinations in the past, and was on medication to manage his mental health. Following Brexit, he intended to make his application for EUSS status before the deadline applicable to him (30 June 2021). However, two days before the deadline, he sustained injuries to his head. He was taken to a nearby hospital and a surgery was done to treat the injuries. He remained admitted until 07 July 2021. By the time he was discharged from the hospital, the deadline to make an in-time EUSS application had passed.

Shortly after being discharged, James returned to work. Unfortunately, James employer incorrectly advised him that he need not apply for status under EUSS to continue to work in the UK. In late 2023, James’ employer told him his employment had been discontinued because they had now learnt he needed status under EUSS to work in the UK. By the end of October 2023, James had lost his accommodation (since he no longer had a job to pay his rent) and started to sleep rough. All of this contributed to the deterioration of his mental health.

Shortly thereafter, James was identified as a rough sleeper by St Mungo’s. St Mungo’s referred James for immigration advice to Ealing Law Centre (ELC) under the Sub-regional Immigration Advice Service project. ELC helped James make a Late-EUSS application. ELC made submissions that Home Office should accept James’ late application considering the reasons which led to James missing the deadline and not being able to make an application earlier in the intervening period. ELC submissions were accepted; James was granted Settled Status.

Ealing Law Centre Immigration Team:

  • Hilton von Herbert (Immigration Supervisor)
  • Sartaz Billing (Immigration Caseworker)

*Please note, provided hyperlinks signpost to policies operating as at the date of publication. *

The name of the client has been changed to protect their identity.

Mary, who is a certified severely sight impaired individual, contacted Ealing Law Centre (ELC) to assist her with an application for further leave to remain under the 10 year Private Life route.  Mary had completed 7.5 years on the 10 year route and needed to apply to extend her Leave to Remain for a further 2.5 years.

ELC had previously assisted Mary to apply for extensions of her leave to remain. Over the last 7.5 years, she had been granted extensions of leave to remain with access to public funds. In mid-December 2023, ELC submitted an in-time extension application for Mary. The facts of Mary’s case remained that she was severely sight impaired, a single parent with a dependant daughter and did not have the support of any family member in the UK.

This time, however, Home Office granted her leave to remain for a further 2.5 years with the condition of “No Recourse to Public Funds” ( NRPF). With this condition in place, Mary became vulnerable to losing access to the support she needed to pay for her housing and daily living needs. She did not have the option of working due to her health. As such, Mary needed this NRPF condition to be removed to avoid becoming destitute.

With ELC’s support, she was able to make an immediate application challenging the Home Office’s decision; requesting the Home Office to remove the NRPF condition attached to her leave.  ELC made submissions about the level of destitution Mary would  face if the condition remained. Home Office accepted that Mary’s circumstances and vulnerabilities placed her at imminent risk of  destitution and agreed to remove the NRPF condition with immediate effect. Mary now continues to access the support she needed to pay for her housing and daily living needs.

Ealing Law Centre Immigration Team:

  • Hilton von Herbert (Immigration Supervisor)
  • Sartaz Billing (Immigration Caseworker)

*Please note, provided hyperlinks signpost to policies operating as at the date of publication. *

The name of the client has been changed to protect their identity.