IA126412013

For the Appellant: Mr D Seddon, instructed by JCWI (Joint Council for the Welfare

She had a happier time doing the twenty hours� work which her visa permitted as a Senior Care Worker at a care home for elderly patients with dementia rated excellent by the Care Quality Commission. Her employer gave evidence at the First-tier Tribunal hearing which was accepted without reservation by Judge Dearden. She was an excellent care worker who had formed a close and caring relationship with the inmates of the care home.

On 10 December 2012 she applied during the currency of her visa for leave to remain as a Tier 2 (General) Migrant. She filled in the requisite form. Her form was however accompanied by a four page letter from the Joint Council for the Welfare of Immigrants drafted by somebody who clearly had a good understanding of the relevant Immigration Rules. Having referred to the various documents that were enclosed to accompany the form as required by the Rules, the author wrote as follows:-

�We are of course aware that students are not normally permitted to switch in-country into the work category and have advised our client of this. However we believe that there are exceptional circumstances in this case which justify the grant of a Tier 2 visa to Ms Brillantes.�

There is then set out at somewhat greater length than we have summarised the unhappy experience that the appellant had during her time after her arrival in the United Kingdom. It also referred expressly to the highly favourable view which her employer had formed of her. Under the heading �Tier 2 (General)� the author of the letter wrote: