WEB 1259 Adult Dependent Relatives

Level: Beginner – Intermediate

Description:

In this webinar, we will look at the adult dependent relative rules and how to overcome the difficulties with meeting the test of requiring the long term personal care to perform everyday tasks and showing that care is not reasonably available or affordable in the home country.

We will consider authorities and how these have clarified the test. There will be a detailed look at policy guidance, practical tips and examples. We will look at common issues raised in refusals and how these have been overcome in appeals. We will also be addressing how to argue cases outside of the rules and how to approach cases where applicants are in the UK and seem to meet the rules. This webinar will allow more effective applications to be submitted and for better challenges to adverse decisions.

In this webinar, we will cover the following:

• The requirements in Appendix FM
• A detailed look at the test of age, illness, disability requiring long term personal care to perform everyday tasks under E-ECDR 2.4
• Analysis of test of inability to obtain the required level of care in the home country under E-ECDR 2.5
• The specified evidence requirements
• A detailed look at UKVI Policy Guidance and how this can best be used to assist applications under EC-DR
• The current authorities, how these have explained this test further, with examples of the circumstances the courts and Tribunals have found unconvincing
• The common issues raised in refusal letters and how these can be overcome
• A discussion on useful evidence and arguments to advance in applications and appeals
• Advancing claims under Article 8 ECHR as the alternative
• Making arguments with reference to these provisions when Applicants are already in the UK
• Case Activity / Group Discussions

Audience:

This webinar is suitable for practitioners working in immigration law. It is suitable for individuals who are seeking more knowledge and experience and it will be a useful refresher and update course for those who are experienced in this field.

Tutors: Kate Nickson, Kalsi Solicitors and Priya Solanki, One Pump Court Chambers

Priya is a busy specialist in immigration, asylum, human rights and nationality law. She appears regularly before the First-Tier Tribunal and Upper Tribunal, Immigration and Asylum Chambers and the Administrative Court.

She is very experienced in adult dependent relative applications and in challenging family applications under the rules and outside the rules by way of appeal and judicial review.

She regularly provides in-house training, seminars and webinars.

She is cited as a leading junior in Immigration (including business immigration) in Legal 500 with the Directories stating, “she has a sharp mind and demonstrates excellent client care”, “she is tactically astute, good under pressure and very persuasive in court” and “she is very knowledgeable in presenting appeals”.

Kate is a freelance immigration consultant with over 11 year experience.

She has been a Law Society accredited Senior Immigration Caseworker since 2010 and has worked on notable cases including representing the first two appellants in the Libyan Country Guidance case; AT and Others (Article 15c; risk categories) Libya CG UKUT 00318 (IAC) and AS in the reported case of AS (Afghanistan) v Secretary of State for the Home Department EWCA Civ 1469, which established that the Immigration Tribunal could depart from the findings of the Home Office Conclusive Grounds decision in human trafficking cases and make its own findings.

Kate has particular expertise in human rights applications based on Private and Family Life, protection claims, appeals and judicial reviews. She has built a significant practice assisting refugees in applications to bring over their parents and siblings, inside and outside of the ADR rules.

Kate’s problem solving skills and ability to find novel legal points to argue, make her a popular choice with clients in the Greater Manchester area and beyond. She is passionate about ensuring a successful result for all her clients and will go the extra mile to achieve this.