7 years child concession under new rule 2012

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7 years child concession under new rule 2012

Postby meah1971 » Mon Jun 17, 2013 7:26 pm

Hi Guys

I am new in this forum and want to share my situation with you. If my tropics not relevant with this forum please ignore. I came in UK be gaining 2005 as a student. My wife and son joined with me late September 2006 as my dependent. We got visa extension 2008. My PSW visa was refused (with deception) April 2009 with right of appeal. I did not appealed coz I wasn’t able to manage my college. Since we are overstaying. My son will complete his 7 years in UK late September 2013. He is in secondary school now.
I haven’t met any lawyer regarding current issue. So far I have understood that we can apply under 7 years new rule. I’m very concern about previous refusal with deception. Any body has idea what should be the impact of deceptions for further application. Please advise me. I’m in very frustrated about my family and son education. Please help me in this regard
meah1971
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Re: 7 years child concession under new rule 2012

Postby Amber_ » Mon Jun 17, 2013 8:29 pm

meah1971 wrote:Hi Guys

I am new in this forum and want to share my situation with you. If my tropics not relevant with this forum please ignore. I came in UK be gaining 2005 as a student. My wife and son joined with me late September 2006 as my dependent. We got visa extension 2008. My PSW visa was refused (with deception) April 2009 with right of appeal. I did not appealed coz I wasn’t able to manage my college. Since we are overstaying. My son will complete his 7 years in UK late September 2013. He is in secondary school now.
I haven’t met any lawyer regarding current issue. So far I have understood that we can apply under 7 years new rule. I’m very concern about previous refusal with deception. Any body has idea what should be the impact of deceptions for further application. Please advise me. I’m in very frustrated about my family and son education. Please help me in this regard


Deception by the use of false documents is usually a 10 year ban but the caseworker should not refuse (mandatory) family applications.
**this forum is not intended to be a substitute for professional advice**
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Re: 7 years child concession under new rule 2012

Postby meah1971 » Mon Jun 17, 2013 9:37 pm

D4109125 wrote:
meah1971 wrote:Hi Guys

I am new in this forum and want to share my situation with you. If my tropics not relevant with this forum please ignore. I came in UK be gaining 2005 as a student. My wife and son joined with me late September 2006 as my dependent. We got visa extension 2008. My PSW visa was refused (with deception) April 2009 with right of appeal. I did not appealed coz I wasn’t able to manage my college. Since we are overstaying. My son will complete his 7 years in UK late September 2013. He is in secondary school now.
I haven’t met any lawyer regarding current issue. So far I have understood that we can apply under 7 years new rule. I’m very concern about previous refusal with deception. Any body has idea what should be the impact of deceptions for further application. Please advise me. I’m in very frustrated about my family and son education. Please help me in this regard


Deception by the use of false documents is usually a 10 year ban but the caseworker should not refuse (mandatory) family applications.

Hi Gura.
Thanks for your comment.I am in ocean now. Do you think we have a good prospect under this new rule.
meah1971
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Posts: 9
Joined: Mon Jun 17, 2013 7:19 pm
Location: London

Re: 7 years child concession under new rule 2012

Postby Amber_ » Mon Jun 17, 2013 9:48 pm

meah1971 wrote:
D4109125 wrote:
meah1971 wrote:Hi Guys

I am new in this forum and want to share my situation with you. If my tropics not relevant with this forum please ignore. I came in UK be gaining 2005 as a student. My wife and son joined with me late September 2006 as my dependent. We got visa extension 2008. My PSW visa was refused (with deception) April 2009 with right of appeal. I did not appealed coz I wasn’t able to manage my college. Since we are overstaying. My son will complete his 7 years in UK late September 2013. He is in secondary school now.
I haven’t met any lawyer regarding current issue. So far I have understood that we can apply under 7 years new rule. I’m very concern about previous refusal with deception. Any body has idea what should be the impact of deceptions for further application. Please advise me. I’m in very frustrated about my family and son education. Please help me in this regard


Deception by the use of false documents is usually a 10 year ban but the caseworker should not refuse (mandatory) family applications.

Hi Gura.
Thanks for your comment.I am in ocean now. Do you think we have a good prospect under this new rule.


Was the child born in the UK, if not at what age did he enter and what age is he now? Your application would be subject to the suitability criteria as per paragraph 320 though discretionary.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post.
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Re: 7 years child concession under new rule 2012

Postby meah1971 » Mon Jun 17, 2013 10:02 pm

D4109125 wrote:
meah1971 wrote:Hi Guys

I am new in this forum and want to share my situation with you. If my tropics not relevant with this forum please ignore. I came in UK be gaining 2005 as a student. My wife and son joined with me late September 2006 as my dependent. We got visa extension 2008. My PSW visa was refused (with deception) April 2009 with right of appeal. I did not appealed coz I wasn’t able to manage my college. Since we are overstaying. My son will complete his 7 years in UK late September 2013. He is in secondary school now.
I haven’t met any lawyer regarding current issue. So far I have understood that we can apply under 7 years new rule. I’m very concern about previous refusal with deception. Any body has idea what should be the impact of deceptions for further application. Please advise me. I’m in very frustrated about my family and son education. Please help me in this regard


Deception by the use of false documents is usually a 10 year ban but the caseworker should not refuse (mandatory) family applications.


No he was`nt born here. He came at the age 5 and he is nearly 12 yrs now.
meah1971
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Posts: 9
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Location: London

Re: 7 years child concession under new rule 2012

Postby meah1971 » Mon Jun 17, 2013 10:07 pm

D4109125 wrote:
meah1971 wrote:
D4109125 wrote:
meah1971 wrote:Hi Guys

I am new in this forum and want to share my situation with you. If my tropics not relevant with this forum please ignore. I came in UK be gaining 2005 as a student. My wife and son joined with me late September 2006 as my dependent. We got visa extension 2008. My PSW visa was refused (with deception) April 2009 with right of appeal. I did not appealed coz I wasn’t able to manage my college. Since we are overstaying. My son will complete his 7 years in UK late September 2013. He is in secondary school now.
I haven’t met any lawyer regarding current issue. So far I have understood that we can apply under 7 years new rule. I’m very concern about previous refusal with deception. Any body has idea what should be the impact of deceptions for further application. Please advise me. I’m in very frustrated about my family and son education. Please help me in this regard


Deception by the use of false documents is usually a 10 year ban but the caseworker should not refuse (mandatory) family applications.

Hi Gura.
Thanks for your comment.I am in ocean now. Do you think we have a good prospect under this new rule.


Was the child born in the UK, if not at what age did he enter and what age is he now? Your application would be subject to the suitability criteria as per paragraph 320 though discretionary.


No he was not born here. He came at the age 5 and he is nearly 12 yrs now.
meah1971
Newly Registered
 
Posts: 9
Joined: Mon Jun 17, 2013 7:19 pm
Location: London

Re: 7 years child concession under new rule 2012

Postby meah1971 » Tue Jun 18, 2013 8:06 am

meah1971 wrote:Hi Guys

I am new in this forum and want to share my situation with you. If my tropics not relevant with this forum please ignore. I came in UK be gaining 2005 as a student. My wife and son joined with me late September 2006 as my dependent. We got visa extension 2008. My PSW visa was refused (with deception) April 2009 with right of appeal. I did not appealed coz I wasn’t able to manage my college. Since we are overstaying. My son will complete his 7 years in UK late September 2013. He is in secondary school now.
I haven’t met any lawyer regarding current issue. So far I have understood that we can apply under 7 years new rule. I’m very concern about previous refusal with deception. Any body has idea what should be the impact of deceptions for further application. Please advise me. I’m in very frustrated about my family and son education. Please help me in this regard
.
Hi
Sorry for writing Gura instead of Guru.
meah1971
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Posts: 9
Joined: Mon Jun 17, 2013 7:19 pm
Location: London

Re: 7 years child concession under new rule 2012

Postby meah1971 » Tue Jun 18, 2013 8:07 am

meah1971 wrote:
D4109125 wrote:
meah1971 wrote:
D4109125 wrote:
meah1971 wrote:Hi Guys

I am new in this forum and want to share my situation with you. If my tropics not relevant with this forum please ignore. I came in UK be gaining 2005 as a student. My wife and son joined with me late September 2006 as my dependent. We got visa extension 2008. My PSW visa was refused (with deception) April 2009 with right of appeal. I did not appealed coz I wasn’t able to manage my college. Since we are overstaying. My son will complete his 7 years in UK late September 2013. He is in secondary school now.
I haven’t met any lawyer regarding current issue. So far I have understood that we can apply under 7 years new rule. I’m very concern about previous refusal with deception. Any body has idea what should be the impact of deceptions for further application. Please advise me. I’m in very frustrated about my family and son education. Please help me in this regard


Deception by the use of false documents is usually a 10 year ban but the caseworker should not refuse (mandatory) family applications.

Hi Gura.
Thanks for your comment.I am in ocean now. Do you think we have a good prospect under this new rule.


Was the child born in the UK, if not at what age did he enter and what age is he now? Your application would be subject to the suitability criteria as per paragraph 320 though discretionary.


No he was not born here. He came at the age 5 and he is nearly 12 yrs now.
.
Hi
Sorry for writing Gura instead of Guru.
meah1971
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Posts: 9
Joined: Mon Jun 17, 2013 7:19 pm
Location: London

Postby Amber_ » Tue Jun 18, 2013 8:17 am

I believe I am actually Guri ;-)

The issue will be your suitability that is a refusal for circumstances where:

An applicant should normally be refused for 'contriving in a significant way to undermine the intentions of the Immigration Rules.' This is where an applicant has previously:

been an illegal entrant;
overstayed;
breached a condition attached to his leave; or
used deception in a previous entry clearance, leave to enter or remain application,

but only where there are aggravating circumstances, such as absconding, not meeting temporary admission/report restrictions/bail conditions, using an assumed identities or multiple identities, switching nationalities, making frivolous applications or not complying with the re-documentation process.

I have made bold the important information that would be considered, if there were no aggravating circumstances then one would not expect a senior caseworker to refuse your application.

Moreover, as your child was not born in the UK you would require:

EX.1. This paragraph applies if

(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-

(aa) is under the age of 18 years;

(bb) is in the UK;

(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and

(ii) it would not be reasonable to expect the child to leave the UK;

Under this strand of EX. 1 however, the parent will only qualify for ILR after having held leave to remain for a period of 10 years.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post.
Amber_
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Postby meah1971 » Wed Jun 19, 2013 11:06 pm

D4109125 wrote:I believe I am actually Guri ;-)

The issue will be your suitability that is a refusal for circumstances where:

An applicant should normally be refused for 'contriving in a significant way to undermine the intentions of the Immigration Rules.' This is where an applicant has previously:

been an illegal entrant;
overstayed;
breached a condition attached to his leave; or
used deception in a previous entry clearance, leave to enter or remain application,

but only where there are aggravating circumstances, such as absconding, not meeting temporary admission/report restrictions/bail conditions, using an assumed identities or multiple identities, switching nationalities, making frivolous applications or not complying with the re-documentation process.

I have made bold the important information that would be considered, if there were no aggravating circumstances then one would not expect a senior caseworker to refuse your application.

Moreover, as your child was not born in the UK you would require:

EX.1. This paragraph applies if

(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-

(aa) is under the age of 18 years;

(bb) is in the UK;

(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and

(ii) it would not be reasonable to expect the child to leave the UK;

Under this strand of EX. 1 however, the parent will only qualify for ILR after having held leave to remain for a period of 10 years.


Hi Guru
Thank you again for your time and precious comment. If i don`t misunderstood can i say that a boat is long far way while i am in a ocean.
By the way if the under age has good reputation in his study can this help the case worker to consider positive.
meah1971
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Posts: 9
Joined: Mon Jun 17, 2013 7:19 pm
Location: London

Postby meah1971 » Fri Jun 21, 2013 10:12 pm

meah1971 wrote:
D4109125 wrote:I believe I am actually Guri ;-)

The issue will be your suitability that is a refusal for circumstances where:

An applicant should normally be refused for 'contriving in a significant way to undermine the intentions of the Immigration Rules.' This is where an applicant has previously:

been an illegal entrant;
overstayed;
breached a condition attached to his leave; or
used deception in a previous entry clearance, leave to enter or remain application,

but only where there are aggravating circumstances, such as absconding, not meeting temporary admission/report restrictions/bail conditions, using an assumed identities or multiple identities, switching nationalities, making frivolous applications or not complying with the re-documentation process.

I have made bold the important information that would be considered, if there were no aggravating circumstances then one would not expect a senior caseworker to refuse your application.

Moreover, as your child was not born in the UK you would require:

EX.1. This paragraph applies if

(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-

(aa) is under the age of 18 years;

(bb) is in the UK;

(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and

(ii) it would not be reasonable to expect the child to leave the UK;

Under this strand of EX. 1 however, the parent will only qualify for ILR after having held leave to remain for a period of 10 years.


Hi Guru
Thank you again for your time and precious comment. If i don`t misunderstood can i say that a boat is long far way while i am in a ocean.
By the way if the under age has good reputation in his study can this help the case worker to consider positive.


Hello Guys

Anybody has same situation like me and get the status please share. At least I will feel bit comfort.
meah1971
Newly Registered
 
Posts: 9
Joined: Mon Jun 17, 2013 7:19 pm
Location: London

Postby meah1971 » Mon Jun 24, 2013 10:24 pm

meah1971 wrote:
meah1971 wrote:
D4109125 wrote:I believe I am actually Guri ;-)

The issue will be your suitability that is a refusal for circumstances where:

An applicant should normally be refused for 'contriving in a significant way to undermine the intentions of the Immigration Rules.' This is where an applicant has previously:

been an illegal entrant;
overstayed;
breached a condition attached to his leave; or
used deception in a previous entry clearance, leave to enter or remain application,

but only where there are aggravating circumstances, such as absconding, not meeting temporary admission/report restrictions/bail conditions, using an assumed identities or multiple identities, switching nationalities, making frivolous applications or not complying with the re-documentation process.

I have made bold the important information that would be considered, if there were no aggravating circumstances then one would not expect a senior caseworker to refuse your application.

Moreover, as your child was not born in the UK you would require:

EX.1. This paragraph applies if

(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-

(aa) is under the age of 18 years;

(bb) is in the UK;

(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and

(ii) it would not be reasonable to expect the child to leave the UK;

Under this strand of EX. 1 however, the parent will only qualify for ILR after having held leave to remain for a period of 10 years.


Hi Guru
Thank you again for your time and precious comment. If i don`t misunderstood can i say that a boat is long far way while i am in a ocean.
By the way if the under age has good reputation in his study can this help the case worker to consider positive.


Hello Guys

Anybody has same situation like me and get the status please share. At least I will feel bit comfort.


Hello
Please share with me if any body has same difficult situation like me.
Thanks.
meah1971
Newly Registered
 
Posts: 9
Joined: Mon Jun 17, 2013 7:19 pm
Location: London

Postby shareen24h » Sat Jul 13, 2013 3:07 pm

meah1971 wrote:
meah1971 wrote:
meah1971 wrote:
D4109125 wrote:I believe I am actually Guri ;-)

The issue will be your suitability that is a refusal for circumstances where:

An applicant should normally be refused for 'contriving in a significant way to undermine the intentions of the Immigration Rules.' This is where an applicant has previously:

been an illegal entrant;
overstayed;
breached a condition attached to his leave; or
used deception in a previous entry clearance, leave to enter or remain application,

but only where there are aggravating circumstances, such as absconding, not meeting temporary admission/report restrictions/bail conditions, using an assumed identities or multiple identities, switching nationalities, making frivolous applications or not complying with the re-documentation process.

I have made bold the important information that would be considered, if there were no aggravating circumstances then one would not expect a senior caseworker to refuse your application.

Moreover, as your child was not born in the UK you would require:

EX.1. This paragraph applies if

(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-

(aa) is under the age of 18 years;

(bb) is in the UK;

(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and

(ii) it would not be reasonable to expect the child to leave the UK;

Under this strand of EX. 1 however, the parent will only qualify for ILR after having held leave to remain for a period of 10 years.


Hi Guru
Thank you again for your time and precious comment. If i don`t misunderstood can i say that a boat is long far way while i am in a ocean.
By the way if the under age has good reputation in his study can this help the case worker to consider positive.


Hello Guys

Anybody has same situation like me and get the status please share. At least I will feel bit comfort.


Hello
Please share with me if any body has same difficult situation like me.
Thanks.


Hello
date 13.07.2013
Not to make disappointment you. I fund this in another forum and copy for everybody. here is the some story of other peple who are in the same situation.

link and story are below

http://www.ukresident.com/forums/topic/ ... rned-down/

I applied under human right on may 2012 .... got refusal with no right of appeal couple of days ago .... Reasons for refusal are bit weired and not understandable ... my Lawer advise me to launch Judicional Review ... any advise from u guys ..... wuld be appreciated.



My story in short ...

came 2004 on student visa

family came here in 2005 along with 2 childrens 5 and 3

two born here in 2006 and in 2007

2009 student visa refused

overstayed till 2012 and then submit application ... FLR (O) on human right grounds

At the time of application my elder 2 has already spent 7 years here

and my 3rd one turned seven this month ....



so i have 3 children who spent their 7 yeras here but still got refusal ..... Home Officce is gone crazy now and they are not giving any consideration to childrens ....



wht u guys rekon ...... bit in a limbo now ..... hasn`t got money to buy food and to cover accomodation now this happened ..... definately my lawer will not do the judicional review for free and will ask for a big amount ...... anyother way apart from re-consideration as this may caused delay with same reply ...... just want to sort this out kind of a tired now with everything .....



ur suggestion wuld be highly appreciatable .....
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Postby Rubablu » Fri Oct 04, 2013 6:42 pm

they are refusing almost every one.
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