Question
Prashad and Anil are brothers. They are Indian nationals currently living in the UK. Prashad is 22 years old and came to the UK in
Prashad and Anil are brothers. They are Indian nationals currently living in the UK. Prashad is 22 years old and came to the UK in 2016 to stay with his father, a surgeon with indefinite leave to remain. Prashad obtained his indefinite leave to remain in October 2021. He currently works as a restaurant manager and lives with his girlfriend who is a British citizen. He is a trustee for a local youth charity and coaches a community badminton team. Anil is 23 years old and is completing an Accountancy and Economics degree at Manchester University. He entered the UK in 2022 as an international student but would like to remain in the UK after his studies and find work in the banking sector. He is considering working in his brother's restaurant to save up money, but he is really interested in taking a financial advisor role that he has seen advertised on LinkedIn. The job is advertised at a starting salary of 27,000 for a 40 hour week (skilled occupation code 3534). Their mother died in 2019 and they have two older siblings who live in India. Neither Prashad nor Anil have visited India since the death of their mother, and they have little contact with their siblings. In January 2023, Prashad was involved in an altercation with an elderly customer who had racially abused one of the restaurant's waiters. The customer refused to apologise and Prashad asked him to leave. When he refused, Prashad and another staff member dragged him from his table onto the street during which time the customer collapsed and lost consciousness. Prashad called an ambulance but later that evening he was informed that the customer had died from a heart attack. He has now been charged with manslaughter.
Answer the following questions in the context of immigration law and use relevant case laws
i) Using the immigration rules, statute and key cases, advise Prashad on whether he will be removed from the UK should he be convicted of manslaughter and whether, and in what circumstances, he has any right to appeal the decision.
ii) Consider how, if at all, your answer would differ if Prashad and his girlfriend had a two-year-old daughter
iii) Using Appendix SW and related appendices, advise Anil whether he should remain in the UK at the end of his degree to look for employment and whether the financial advisor role is something he could consider without having to leave and apply for entry clearance.
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