IA040612014

The appeal was dismissed in the First-tier Tribunal by First-tier Judge Gurung-Thapa on 2 nd September 2014. On that occasion the Appellant was represented by Mr Vokes and the Respondent was represented by a Home Office Presenting Officer, Mr Aigbokie. The appeal was allowed by the First-tier Judge under the 2006 Regulations and on human rights grounds (Article 8 ECHR).

Thus the matter came before me in the Upper Tribunal on 5 th January 2015 for an error of law hearing. Representation was as mentioned above.

The Appellant�s representatives served a Rule 24 response, drafted by Mr Vokes, and upon which he relied in submissions.

The background to the appeal is that the Appellant applied for a derivative right of residence under the 2006 Regulations as a result of unexpectedly giving birth to two UK citizen children, Kimberley and Andrew, who were born on 24 th October 2012 while she and her partner, Mr Harry Waters, a UK citizen were visiting relatives in the UK. The Appellant had visited the UK on many previous occasions and had a five year multi-visit visa valid until 31 st July 2016.

Mr Vokes further submitted that the Respondent�s grounds were fundamentally flawed. Contrary to the assertion made by the Presenting Officer, he submitted that the Appellant has no right to remain until 2016 as the holder of a multi-visit visa. Such a visa only permits the holder to remain in the United Kingdom for a fixed number of days after which he or she has to leave. It does not allow the holder to remain continuously in the United Kingdom for the full term of the visa.