Our client entered UK in September 2007 and after completing 10 years lawful residency in UK, he applied for indefinite leave to remain under the 10 year long residence route.
The Home Office refused the application on the basis that there was a gap of 105 days in his continuous lawful residence which occurred during his last application for leave to remain.
Our client appealed and we represented him in his appeal. The immigration judge allowed the appeal on the basis of argument that it might be appropriate to exercise discretion over access absences in compelling or compassionate circumstances in particular circumstances which were unavoidable.
He also found that the appellant is of good character who contributes to the community and has never relied on public funds. Therefore there is no public interest in returning this appellant to his home country. He therefore allowed the appeal and granted indefinite leave to remain to our client.
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