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FLR refused with out of country appeal

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Myca4076
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Posts: 2
Joined: Tue Oct 06, 2015 3:55 pm

FLR refused with out of country appeal

Post by Myca4076 » Tue Oct 06, 2015 4:15 pm

I've had a pending immigration case that's been going on for four years now.

Brief history

I came to the UK in 2000 as a student. I applied for ILR in 2011 but was refused due to a 30 days gap in 2007. Gap was due to my uni taking 3 months to give me an offer.

Anyway I got right of appeal, but as it was my first immigration case and I was none the wiser I went to with the first lawyer I was recommended. He basically did a botched job and my appeal was dismiss. I then hired a new solicitor who advised me to send a Legal representation to the ukba cos my first useless lawyer never explained the reason for my gap in court. This was sent in sept 2012 and got no response from the ukba until March 2015 when I MP chased for me. I then I sought new legal advise after the UKBA confirmed that they will not consider the legal representation. All three lawyers i saw told me that I am now an overstayer and have been since my appeal right was exhausted in Nov 2012. So only option to legalise my stay is for send a fresh FLR application based on article 8 which we did after I appointed one of them.

We got the response today which was refused as warned, but only obstacle is they gave me a right of appeal but to do so from Nigeria. So an Out Of Country appeal.

We all know that this is just a tactic and any appeal lodged outside the country will never be successful. And once I leave the country I won't be able to re-enter due to my tarnished immigration history.

I am a single woman with no partner or children, but my sister who is practically the only family I have left is British and is based here. I have no criminal record and never claimed public funds. I had to quit my job after I was told that I am now illegal in March.

My solicitor says the only option is via JR proceedings but it could be weak cos a judge will say I still have right of appeal even though that right of appeal is basically useless. Also JR could take forever, and is very costly especially now that I am no longer working and been living on my savings.

I need advice on what I can do please.

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