HELP: 7 years child Application Refused

[odafe]

Can any one please advise me on my situation as stated below:

I made a 7 years child application with my daughter in Febraury 2014, it was refuse 4 weeks after with the main reason being that i am living with my partner as a family unit and therefor do not have sole parental responsibility. Other reasons were the usual ones they always give--- you have not lived here for 20 years, you are not Brithish etc.

My daughter was 3 years old when i arrived with her 2006 on a visit visa. Home office took 7 years to deal with our HP applicatio which was made in 2007. HO siad in 2007 the application was valid and it ask for more information over the years which we promptly provided each time. Suddenly in January 2014 HO voided the application that it can not accept hp application as a postal application, this was after ho told my mp that they will invite me for an interview and then take a decision, but they never did.

I made an official complain through my mp, ho wrote back and appologised for the way my hp application was handled blaming it on lack of training of the case workers but that they have now been trained on how to handle such applications in future...... am i the first person to have applied for hp in the history of UK?

Now in the separate refusal letters to me and my daughter with no right of appeal, ho is treatening to remove us if we do not leave the uk. My solicitor handled my hp application and the 7 years application, he seems not have an idea of how to handle the case from here and has never taken or returned my call since March 10th when it was refused.

Any advise will be appreciated or recommendation to any good solicitor who can argue my case. I am really sorry that you have to read this long note, i tried to make it as short as possible. Thank you all for your help.

[vinny]

My daughter was 3 years old when i arrived with her 2006 on a visit visa. Home office took 7 years to deal with our HP applicatio which was made in 2007. HO siad in 2007 the application was valid and it ask for more information over the years which we promptly provided each time. Suddenly in January 2014 HO voided the application that it can not accept hp application as a postal application,

Voiding an application after declaring that it was valid is very odd. Declaring that they cannot accept a postal application is strange also. I haven't seen any rules to this effect.

Was the application made before expiry of leave?

See also Any good law firm recommendation?

[odafe]

Yes.

[odafe]

Thanks vinny. But do you think i have any chance if i commence a jr?

[odafe]

Advise from anybody out there please.

[Obie]

If the application was made before the expiry of your leave, then you ought to have been granted a right of appeal.

I think a JR has a very strong prospect of success in those circumstances.

Make sure all the correspondents are kept. It will prove extremely useful.

[vinny]

File an appeal anyway, preferably within the 10 days time limit. State your circumstances. Inform them that you had made a valid application prior to expiry of leave. You were forced to vary that application. Let a judge decide on your right of appeal.

[Obie]

Yes that is an option. See Abiyat and Basnet.

Provided it was not ruled asinvalid,, in which case only a JR will be your remedy. This does not seem to be the case here, although I stand to be corrected.

They seem to have taken issues in the past, albeit erroneously, that an invalid application was lodged.

[vinny]

HO siad in 2007 the application was valid and it ask for more information over the years which we promptly provided each time. Suddenly in January 2014 HO voided the application that it can not accept hp application as a postal application, this was after ho told my mp that they will invite me for an interview and then take a decision, but they never did.

It seems that they declared the initial application as valid, then subsequently "voided" it, after a few years had passed! Then they refused a further application.

[Obie]

it is absurd. They cannot just void an application and valid it like they are switching on a light bulb. It is either one on the other.

It appears some form of bad faith is been demonstrated in their dealing with this op.

They are seeking to circumvent the right of this individual to exercise his/her right of appeal.

[odafe]

Thanks Vinny and Obie, I have been having the view too that the ho are trying to avoid giving me any appeal right knowing they have a lot of explanation to give for the 7 delay in the previous application, voiding an application that it said was valid in 2007 will be hard to explain at appeal hearing.

However, I made a call to my solicitor yesterday with a different number this time and he picked up........ Hmmmmmm. He pleaded for a week to do a pre action protocol so next week Monday I will pay him a visit. I keep you updated of the outcome, someone told me to speak to sunrise solicitors. Are they good?

[Obie]

I think you should put in a notice of appeal.

Dont waste time with pre-action protocol.

It will only cost you a lot more money.

Your solicitor seems wholly incompetent.

I am in agreement with Vinny, that a notice of appeal done ASAP is the best step forward.

[odafe]

But don't you think it is late to file a notice of appeal which should have been done within 10 days like you said? The decision was 11th March 2014 and my solicitor has never hinted I could file for an appeal even if I was not given the right of appeal. I am seriously considering switching to another solicitor within a few days time.

[Obie]

A late notice may be warrented in the circumstance, as UKBA failed to lawfully notify you of your right of appeal.

As a lame person, I believe the court will accept it.

Even a JR may be late, as it should be done immediately, and in any event within 3 months.

Sending a Pre-action protocol nearly 2 months after, is not really appropriate.

[odafe]

Hi all, my solicitor insisted he is doing d right thing. Pre action protocol was sent to home office 2 days ago, and he will after 14 days file for Jr if no response from home office. He said I have till 14th June to file for Jr so there is no worries about being late. Will let you know the outcome if any.

[Obie]

Well, nothwithsanding his track record, I can certainly say,without any hesitation in my mind that your solicitor's handling of your case has been profoundly abysmal.

In those curcumstances, it is needless to say the advice that Vinny and myself has given is spot on and he is wrong again.

JR has to be done ASAP, and in any event no later than 3 months.

If a judge takes the view that it could have been lodged sooner , then the 3 months dont apply. 3 months is the maximum time limit in any circumstance. 3 months can apply if their was delay in funding being approved. There was an imminent court judgement, which may affect the merit of a JR.

3:months dont apply when a solicitor was sitting on his hands and decide to get moving about 2 months later.

[maninc]

PLEASE go to this guys.They are one of the best around. If you could, go not call. Ask for Paul.
Thanks.

moderator edit.

I have had to edit your post as it appears to be a form of advertising.

Please dont advertise on the forum. if you have recommendation you may wish to send a PM instead.

OBIE

[odafe]

@maninc please pm me xxxxxxxxxxxxx

Note As this is a public forum, I have removed all personal identifying details from your post so as to maintain your privacy & security.

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[Obie]

You cannot send PM as you have not made 10 posts yet.

Is the lawyer still giving you problem. I know their type.

[odafe]

Hi everyone, I have been away for some time but just to update and share my experience with the forum about my case:

Well I decided to proceed with jr but the home office asked the court to hold on while my case is reviewed and in jan 2015 me and my daughter were granted leave to remain. In February 2015 my partner and my son who were facing removal then were also granted leave to remain.

It's been a happy ending but the fight still continues for ILTR. If you think you have a good case, please do not hold back, fight till the end.

Thanks to everyone for your concern.

[mamaput]

Hi everyone, I have been away for some time but just to update and share my experience with the forum about my case:

Well I decided to proceed with jr but the home office asked the court to hold on while my case is reviewed and in jan 2015 me and my daughter were granted leave to remain. In February 2015 my partner and my son who were facing removal then were also granted leave to remain.

It's been a happy ending but the fight still continues for ILTR. If you think you have a good case, please do not hold back, fight till the end.

Thanks to everyone for your concern.

Congrats!That ended well! Enjoy!