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10 yrs Private life route

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Mom_ato
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10 yrs Private life route

Post by Mom_ato » Sat Sep 06, 2014 1:56 am

Hi all
I have been looking at the new Private Life 10 year route application form published 07/2014. The Old application states that you need to be in the UK lawfully for 10 yrs but the New application does not specify that. Eligibility is you must be able to prove that you are (18 or over and you’ve spent less than 20 years in the UK but you have no ties with any other country)

https://www.gov.uk/remain-in-uk-family/eligibility
The 10-year route
You can apply to extend or switch route if you’re eligible, except if you have permission to be in the UK:

on temporary admission or release (you don’t have a visa) – unless you apply in a 10-year route.

This is among others categories which can be found using the link above.

Does this mean if you are in the UK for 10 years and you have temporary admission you can apply under Private Life 10 yrs route, once you can provide the required documents?

I have been in the UK for 14 yrs now and have just been issued with IS96 (Temporary Admission) so I am wondering if I could send in an application for Private life 10 yrs route - I have the required documents.

I admire you all for being so knowledgeable and look forward to your responses and advices

Thanks

Obie
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Re: 10 yrs Private life route

Post by Obie » Sun Sep 07, 2014 7:15 am

If you are under 25 , then yes you can send it.

Or it will all depends on the ties you have developed with the UK and whether you have one elsewhere.

No the 14 years on its own does not count
Smooth seas do not make skilful sailors

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Mom_ato
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Re: 10 yrs Private life route

Post by Mom_ato » Mon Sep 08, 2014 10:38 am

Obie wrote:If you are under 25 , then yes you can send it.

Or it will all depends on the ties you have developed with the UK and whether you have one elsewhere.

No the 14 years on its own does not count
Thanks Obie
My ties here is not considered to be strong, thought I have work and pay all taxes for 14 yrs.

Is there any other route I can apply under?

this morning received refusal letter with out of country appeal.

any suggestion on my next move?

Please, you all seam so knowledgeable.

Thanks in advance

Obie
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Re: 10 yrs Private life route

Post by Obie » Mon Sep 08, 2014 12:15 pm

Perhaps a Judicial Review may be your next step, as you have no right of appeal. In all probabilities a new application will fail unless there has bee a material change of circumstance since your last application.
Smooth seas do not make skilful sailors

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Mom_ato
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Re: 10 yrs Private life route

Post by Mom_ato » Mon Sep 08, 2014 1:56 pm

Obie wrote:Perhaps a Judicial Review may be your next step, as you have no right of appeal. In all probabilities a new application will fail unless there has bee a material change of circumstance since your last application.
Unfortunately there have been no change in my situation since my last application.

I wounder if I propose to by boyfriend and if he accepts we would be able to get married. (he doesn't know about my situation but will have to tell him) I am running out of options here. I don't want to be removed.

Any sugestions

Obie
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Re: 10 yrs Private life route

Post by Obie » Mon Sep 08, 2014 1:58 pm

How long have you been together.
Smooth seas do not make skilful sailors

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Mom_ato
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Re: 10 yrs Private life route

Post by Mom_ato » Mon Sep 08, 2014 4:02 pm

Obie wrote:How long have you been together.
We have been together over three years but have not lived together

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Mom_ato
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Re: 10 yrs Private life route

Post by Mom_ato » Mon Sep 08, 2014 8:45 pm

Mom_ato wrote:
Obie wrote:How long have you been together.
We have been together over three years but have not lived together
My application has been refused and I am given an out of country appeal (IAFT-3), is there anyway I can submit the appeal without having to leave the UK? What are my options?

Any advice/suggestion is welcome
Thanks

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Re: 10 yrs Private life route

Post by icehouse256 » Mon Sep 08, 2014 9:01 pm

Mom_ato wrote:
Mom_ato wrote:
Obie wrote:How long have you been together.
We have been together over three years but have not lived together
My application has been refused and I am given an out of country appeal (IAFT-3), is there anyway I can submit the appeal without having to leave the UK? What are my options?

Any advice/suggestion is welcome
Thanks
I suppose that you could have a better chance if you got married then put in under flr(fp) Partner. But the HO always ask you to give insurmountable circumstance why it would be dangerous to send you back even though you get married, at this stage, i suppose they only consider couples who have kids, i am also on a temporary admission and i have been going for reporting fortnightly, I am married and still awaiting outcome of for(fp) application, we don't have any kids yet.

Just today the HO returned my wife's passport without us requesting for it. still strange to me why they did that.
'' The Lord is My Light and My Salvation ''

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Re: 10 yrs Private life route

Post by Obie » Mon Sep 08, 2014 11:50 pm

IAFt 3 means they have given you a out of country right of appeal.

Under the immigration act 2014, a refusal of a human right claims carries a right of appeal.

They are basically certifying your claim, as you will be entitled to an in country appeal otherwise.

You can challenge the refusal by means of a Judicial review.

If you get married, that will boost your claim. I also thing you residence is weighty.
Smooth seas do not make skilful sailors

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Mom_ato
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Re: 10 yrs Private life route

Post by Mom_ato » Tue Sep 09, 2014 5:23 am

Obie wrote:IAFt 3 means they have given you a out of country right of appeal.
Under the immigration act 2014, a refusal of a human right claims carries a right of appeal.
They are basically certifying your claim, as you will be entitled to an in country appeal otherwise.
You can challenge the refusal by means of a Judicial review.
If you get married, that will boost your claim. I also thing you residence is weighty.
This is really giving me some hope Obie. JR seams like the next road I should go down. I am going to see a solicitor today to discuss my options so I will be discussing this with him.

Thank you all for your suggestions.keep up the good work everyone, you are helping us to see the light.

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Mom_ato
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Re: 10 yrs Private life route

Post by Mom_ato » Tue Sep 09, 2014 9:29 pm

Mom_ato wrote:
Obie wrote:IAFt 3 means they have given you a out of country right of appeal.
Under the immigration act 2014, a refusal of a human right claims carries a right of appeal.
They are basically certifying your claim, as you will be entitled to an in country appeal otherwise.
You can challenge the refusal by means of a Judicial review.
If you get married, that will boost your claim. I also thing you residence is weighty.
This is really giving me some hope Obie. JR seams like the next road I should go down. I am going to see a solicitor today to discuss my options so I will be discussing this with him.

Thank you all for your suggestions.keep up the good work everyone, you are helping us to see the light.
I went for legal advice today and was given advise on Pre-Action Protocol (PAP) which is to challenge HO decision to then followed by Jr.

Obie you were spot on when you suggested going for Jr. Once (PAP) is submitted I wont be at risk of being detained which is what I was afraid of.

Thanks for all your encouraging word, I do get strength from here to fight on, I wont give up.

I was told that the process of PAP and JR does take along time.

Has anyone gone through this or is still going through it - how long has it been or how long did the process take.

peppekalle
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Re: 10 yrs Private life route

Post by peppekalle » Wed Sep 10, 2014 6:00 am

You are still at risk of being detained... don't forget what i said earlier on

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Mom_ato
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Re: 10 yrs Private life route

Post by Mom_ato » Wed Sep 10, 2014 2:15 pm

peppekalle wrote:You are still at risk of being detained... don't forget what i said earlier on
Really!!
Are you saying once PAP is submitted I am still likely to be detained? or now as its not with HO as yet?

My heart is beating double fast.

Will enforcement team remove me from my home so soon? The additional documents that the solicitor wants will be with him tomorrow.

This is a total nightmare for me. I long for the day when I can feel free.

Cheers all

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Re: 10 yrs Private life route

Post by peppekalle » Wed Sep 10, 2014 2:32 pm

You are still liable to detention the PAP does't stop UKBA from detaining you.Relax not everyone gets detained gets removed hopefully the PAP will force UKBA to give you right of appeal and then you can convince the judge why you should be given status.

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Mom_ato
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Re: 10 yrs Private life route

Post by Mom_ato » Wed Sep 10, 2014 3:40 pm

peppekalle wrote:You are still liable to detention the PAP does't stop UKBA from detaining you.Relax not everyone gets detained gets removed hopefully the PAP will force UKBA to give you right of appeal and then you can convince the judge why you should be given status.
Thanks for the info.
I am just wondering if its best for me to look for somewhere to stay for now until all this is confirmed by UKBA. :(

I am hoping PAP get to UKBA and they give me right of appeal. I am just wondering if I still have to go and sign in next month. The solicitor said I should and the bad this is he will be away on the date I have to go in. :cry:

Stress

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Mom_ato
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Re: 10 yrs Private life route

Post by Mom_ato » Fri Sep 12, 2014 7:31 pm

Mom_ato wrote:
peppekalle wrote:You are still liable to detention the PAP does't stop UKBA from detaining you.Relax not everyone gets detained gets removed hopefully the PAP will force UKBA to give you right of appeal and then you can convince the judge why you should be given status.
This is weighing heavily on my mind.
Ok, so not everyone that get detained get removed, I understand that. (I hope I don't) I am very concern about my next sign in which is coming up in two weeks.

Since HO can takes up to 2 weeks to respond to Pre-Action Protocal and as my case been refused with out of country appeal I am wondering if they will take the opportunity to refuse me bail and remove from the UK. Do I really have to sing in even though my application has been refused and I am ask to leave the UK? It feels like I will be voluntarily handing myself over to UKBA for removal.

Can anyone say from experience or knowledge
As appeal is out of country, if I am detained would I get bail or remove immediately, if Pre-Action Protocol hasn't been acknowledge or if it has been rejected & JR not in?

Please share your knowledge.
Thanks

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Mom_ato
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Pre-Action Protocal

Post by Mom_ato » Thu Sep 18, 2014 1:54 pm

Hello again everyone
I received refusal in post last Monday with an out of country appeal. I instructed a solicitor to represent me and agreed with the Pre-Action Protocol route he suggested. (also forum members had made same suggestion)

However my concern now is, its coming up to two weeks and the Pre-Action Protocol letter hasn't been sent off. Do you know how soon after a refusal with out of country appeal Pre-Action Protocol letter needs to be submitted to the Home Office?

The solicitor I instructed is part of a large organisation I am worried that my case is not a priority to him. I have been sending emails making calls and not being able to speak to my solicitor or anyone from his team.

Each time I phone I was told they are in a meeting/with clients which is possible but for me I need to speak to someone.

My intention is to find another solicitor within a smaller firm (I have had such bad experience with solicitors I don't know which ones to really trust)

I have been waiting on a declaration for three days now that the solicitor said he would email me for my partner to sign to confirm our relationship as we don't have photographic evidence and we do not live together.

I am frustrated as this is my last chance to get it right.

Any suggestion anyone?

peppekalle
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Re: 10 yrs Private life route

Post by peppekalle » Fri Sep 19, 2014 2:53 am

Mom_ato wrote:
Mom_ato wrote:
peppekalle wrote:You are still liable to detention the PAP does't stop UKBA from detaining you.Relax not everyone gets detained gets removed hopefully the PAP will force UKBA to give you right of appeal and then you can convince the judge why you should be given status.
This is weighing heavily on my mind.
Ok, so not everyone that get detained get removed, I understand that. (I hope I don't) I am very concern about my next sign in which is coming up in two weeks.

Since HO can takes up to 2 weeks to respond to Pre-Action Protocal and as my case been refused with out of country appeal I am wondering if they will take the opportunity to refuse me bail and remove from the UK. Do I really have to sing in even though my application has been refused and I am ask to leave the UK? It feels like I will be voluntarily handing myself over to UKBA for removal.

Can anyone say from experience or knowledge
As appeal is out of country, if I am detained would I get bail or remove immediately, if Pre-Action Protocol hasn't been acknowledge or if it has been rejected & JR not in?

Please share your knowledge.
Thanks
You still have to sign in but remember not to go in the back office for whatever reason.If you are detained they have to give you 72hours notice before removal.

If they have booked a flight for you you won'tget bail.You will need to stop the flight first.

To succesfully gain bail you need to have something pending .If you miss your reporting it will be hard to convince the judge to grant you bail as ukba will argue you absconded before and you are likely to do it again.

Aslans
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Re: 10 yrs Private life route

Post by Aslans » Wed Jan 14, 2015 1:37 pm

so under 25 age, and 20 years here, is the route for private life route 10 years.?

What happened after sign in after PAP?

Obie
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Re: 10 yrs Private life route

Post by Obie » Wed Jan 14, 2015 10:41 pm

Under 25 need to show residence for half of their life.

20 years applies to over 25s.

They have to go through the 10 years private life route also.
Smooth seas do not make skilful sailors

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Re: 10 yrs Private life route

Post by junior03000 » Tue Feb 24, 2015 4:38 pm

I am planning to make an application for my parents based on the following

Private life in the UK (10-year route)
18 or over and you’ve spent less than 20 years in the UK, but you’d find it hard to live in another country, eg because you have no friends or relationships there


My parents have been visiting us brothers here in UK for 10 years now on a visit visa and we would like them to stay with us permanently. We are 3 brothers all settled in the UK for 10-13 years and in full time employment earning £50K+ each.
We would easily be able to arrange a private medical insurance for them and all we would like is them to stay with us permanently.

They got their 10 year visit visa 2 months ago but they can't stay with us in the UK for more than 6 months.

They don't have any close relatives/friends in Paksitan and they would be happy to settle here with their children and grandchildren. Father is 69years old while mother is 63.
We have already ruled out the elderly visa from outside UK as its too difficult to get.

Do you guys think we have a case here?

Your advise will be greatly appreciated here.

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Re: 10 yrs Private life route

Post by Obie » Tue Feb 24, 2015 4:53 pm

That is not the provision applicable to you.

It is highly unlikely that your parents will succeed under that route, and this will block the visitors visa route for the forseeable future.
Smooth seas do not make skilful sailors

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Re: 10 yrs Private life route

Post by junior03000 » Tue Feb 24, 2015 4:58 pm

Thanks Obie!

Is there a reason, why we would be refused?

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Re: 10 yrs Private life route

Post by junior03000 » Tue Feb 24, 2015 5:01 pm

What options do we have?

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