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Human Rights Article 8

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sunnyhoney666
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Human Rights Article 8

Post by sunnyhoney666 » Mon Mar 17, 2014 11:26 pm

Hi
I have 3 children aged 9 and half, 6 and half, 5 and half, I have been refused by home office and case is now in Judicial review for hearing on 28/5/14. Can you please someone advise what are the chances? We have a stablish family life. My questions are

A. If we succeeded in this case what happens next? When will the Home office grant us visa? any time limit issusing visa?
B. As soon as my first child turned 10, can we apply for neutralization? or Passport
C. What documents we should get ready for the Barrester?
D. Will we get ILR or DLR?

Please give us your previous opinions.
regards
Ali

Wanderer
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Re: Human Rights Article 8

Post by Wanderer » Tue Mar 18, 2014 12:16 am

Why can you not return to your home country? Civil war, persecution?
An chéad stad eile Stáisiún Uí Chonghaile....

sunnyhoney666
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Re: Human Rights Article 8

Post by sunnyhoney666 » Tue Mar 18, 2014 12:37 am

With due respect, do you have some problems with my case? I live in this country my kids are growing up here, I'm not getting any benifits but giving support this country. If you have an answer then reply otherwise don't bother. This question is insulting. You are not only insulting me as well as thousands like me. We are asking for our legal rights by the way.

quote][/quote]
Wanderer wrote:Why can you not return to your home country? Civil war, persecution?

peppekalle
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Re: Human Rights Article 8

Post by peppekalle » Tue Mar 18, 2014 5:53 am

Sunny honey no one has issues with your case.Wanderer is asking the same question that the homeoffice will ask you if your case goes to appeal.

The homeoffice will subject you to severe questioning just chill when a member asks you a question.

Amber
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Re: Human Rights Article 8

Post by Amber » Tue Mar 18, 2014 7:37 am

Where were the children born?
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Olasunkanmi
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Re: Human Rights Article 8

Post by Olasunkanmi » Fri Mar 21, 2014 10:25 pm

@ sunnyhoney666, what form do you use for your application and how do you apply, normally the child who turn 7yrs is the one who qualify first together with the other kids and the parents technically cannot apply until the child receive such visa first because their application should be base on the child visa.
The key to success is knowledge and hardwork, and to have faith.

Olasunkanmi
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Re: Human Rights Article 8

Post by Olasunkanmi » Fri Mar 21, 2014 10:28 pm

@ sunnyhoney666, the question being asked by Wanderer is very insulting and also disrespectful and you should not support that. Better to ignore the post rather than insult the questioner.

You guys should know better that the 7yrs concession for children is now under the immigration rule as right to private life and its not discretion anymore and HO cannot refuse such application if its submitted with the right application form. It is now similar to the rule for adult who have spent 10yrs legal stay in UK and thus qualify for ILR.
Just that children will be given 30months first before getting becoming British.
The key to success is knowledge and hardwork, and to have faith.

MPH80
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Re: Human Rights Article 8

Post by MPH80 » Sat Mar 22, 2014 12:02 am

Except that the 7 year exception is not simply '7 years' - it's '7 years and unreasonable for the child to leave'.

There are factors in favour here - such as the fact the children have been born here and haven't, yet, returned to Pakistan before.

But equally - both parents are overstayers and would be returning with the children, there's no indication of a further family network nearby etc.

It's swings and roundabouts for me - and given this individual has already been through several applications - all failing - the last hope is the JR.

Guidance on EX-1 - particularly paras 20 and 21: https://www.gov.uk/government/uploads/s ... idance.pdf

paul3aka
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Re: Human Rights Article 8

Post by paul3aka » Sun Mar 23, 2014 6:40 pm

Please we need advice. Just wanted to find out how possible it is to apply for a Child that is 7 yrs, because we just got refused few days ago. I came here in 2004 and my partner came in 2005 both of us has been illegal since then. We had a son in 2006, and two more in 2008 and 2010 respectively. My son is now 7 yrs plus, and our lawyer just applied for us with form flr(fp) private life.
The legal presentation was based on the child that is 7 yrs, but my partner was the main applicant on the form with the rest as dependent. Below is the brief summary of the refusal. The child application was refused on the basis that it is not considered unreasonable for the child to leave the UK as part of a family unit. The Home Office dismissed our evidence with a standard response of ‘although the level of education may be different in my country, education is accessible to you. You would not be deprived of education if you were to return to .......’
This refusal mentions nothing about his private life in the UK, integration in education and society in UK or the lack of any links to our country of origin as they have never left this Country and this is the only country they know.

On the positive side, rather unusually, the Home Office have simply rejected the applications of myself, my partner, and the other two children and will refund the money I have paid to the Home Office less £578. Reason for rejecting the rest of us is that we can't be dependent of a child that is under 18 years. Nothing was mention about his private life in UK. Please any advice.

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Re: Human Rights Article 8

Post by Amber » Tue Mar 25, 2014 1:21 am

Dependent of a child? What application did you make, what form?
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paul3aka
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Re: Human Rights Article 8

Post by paul3aka » Tue Mar 25, 2014 8:16 am

@ Amber. the lawyer applied under Article 8 private life, and the form used was FLR(FP)

tishthedish
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Re: Human Rights Article 8

Post by tishthedish » Sun Jul 06, 2014 12:59 pm

Can someone point me in the right direction to ascertain which application forms I need to use to make an application for my son aged 17 years and looking to make an application under the Article 8 - 7 years concession for a child under 18 years of age. (He is an overstayer) He has been here since he was 4 years of age and in November has been here for 14 years. In 2005 our legal status ran out.
There are so many different forms and as an application can be refused for using the wrong forms. I am going to go to a solicitor to ensure the highest level of success but would like to have all the forms filled out and all the evidence in place so I can move this application along as swiftly as possible.
Thank you for reading this.
Thank you

Olasunkanmi
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Re: Human Rights Article 8

Post by Olasunkanmi » Sun Jul 06, 2014 1:29 pm

@ tishthedish, the correct form should be FLR (FP). Why did you wait for this long for your son's application?
Also what is your own immigration history, it might be better to wait for your son application to be decided before submitting yours if you plan to submit together as that will make it easy for your son's application to be treated on its own merit.
The key to success is knowledge and hardwork, and to have faith.

tishthedish
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Re: Human Rights Article 8

Post by tishthedish » Sun Jul 06, 2014 2:33 pm

Indeed you are right in asking this question as will the home office and immigration but due to a ream of circumstances going back to 2004 when my father in law passed away and my husband and I helping my mother in law with costs for funeral then my husband losing his job and me falling ill with meningococcal septicaemia we were unable to do the necessary applications due to not having the money. We were at one stage holding out then for the 14 year concession which we would have been able to apply on this year November but this option then was not possible. Our options from in-country are becoming less and less and I am petrified of an out of country application as the fear of being separated from my British husband of 16 years and my 13 year old British daughter is unbearable! I also thought that I would like very much to first regularise my son's stay here as he is nearing 18 and this in itself makes his case slightly more difficult. He also wants to start working and leading an independent life here. So do I do an application on the FLR (FP) and only for himself first then once I have sorted him out I would then do a separate application for myself on the same form???

tishthedish
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Re: Human Rights Article 8

Post by tishthedish » Sun Jul 06, 2014 2:43 pm

Is it FLR (FP) because when I go to look at this application form it says for the application to extend stay as a parent or partner which my son is none.

Zee ali
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Re: Human Rights Article 8

Post by Zee ali » Sun Jul 06, 2014 8:06 pm

tishthedish wrote:Is it FLR (FP) because when I go to look at this application form it says for the application to extend stay as a parent or partner which my son is none.
U missed Private life in th UK part (10 years Route).
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No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Olasunkanmi
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Re: Human Rights Article 8

Post by Olasunkanmi » Wed Jul 09, 2014 9:18 pm

@ tishthedish, you have a British husband of 16yrs and a British daughter of 13yrs and you still haven't got your papers. You need to submit your application as soon as possible.

•family life as a partner (10 year route)
•family life as a parent (5 year route)
•family life as a parent (10 year route)
•private life in the UK (10 year route)


With the information you have just added, you can apply base on the 10yrs parent of a British child or 10yrs partners route both on form FLR (FP). I think applying through the parent of a British child will be a better idea.

Your son should apply through the 10yrs private life in the UK on form FLR (FP) as he has spent more than half his life in UK and he is below 18yrs old.

Each application cost £601 and you can Use Appendix 1 FLR(FP) FLR(O) for a fee waiver if you are destitute and can’t pay to extend your stay.
The key to success is knowledge and hardwork, and to have faith.

sunnyhoney666
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Re: Human Rights Article 8

Post by sunnyhoney666 » Sun Sep 21, 2014 11:43 pm

Hi Guys, unfortunately our appeal for article 8 was dismissed on 19/09/14 this friday from First Tier Tribunal.
Could you please advise us what to do next?

My eldest daughter will be 10 in February 2015. She is now 9 years and 7 months, just for my knowledge, what status would she get once she turns 10 years? Are we only entitled to register her as british born child or also can apply for her passport? Me and my wife has no status at the moment, our other 2 children 7 and 5.10 months.

In similar cases, what are the winning chances if we go to Upper Tribunal?

PLEASE ADVISE ASAP AS I HAVE TO DECIDE QUICKLY

Do we have to submit a fresh application for our family? all our kids were born in UK and never been out since birth.
This forum is very helpful for me and without a doubt always been.

Thank you for your kind help, Awaiting for your quick response.

winners
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Re: Human Rights Article 8

Post by winners » Mon Sep 22, 2014 10:27 am

I have similar case 3 children ,all born here ,9+ 7+ and 4+

Appeal to first tier recently lodged waiting for hearing date

What I think you need to do pray for mercy and favour from the judge that will decide on your case @ Upper T

You are entitled to register your eldest child once she clocked 10 yrs as B C , passport is not necessary for you now unless she want to travel out the Country

Should your appeal dismissed at Upper T ,you can summit another application once your daughters registration as B C is approved

You and other family member should be expecting 2 and half years visa(10 yrs route to settlement)
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Obie
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Re: Human Rights Article 8

Post by Obie » Mon Sep 22, 2014 11:01 am

sunnyhoney666 wrote:Hi Guys, unfortunately our appeal for article 8 was dismissed on 19/09/14 this friday from First Tier Tribunal.
Could you please advise us what to do next?

My eldest daughter will be 10 in February 2015. She is now 9 years and 7 months, just for my knowledge, what status would she get once she turns 10 years? Are we only entitled to register her as british born child or also can apply for her passport? Me and my wife has no status at the moment, our other 2 children 7 and 5.10 months.

In similar cases, what are the winning chances if we go to Upper Tribunal?

PLEASE ADVISE ASAP AS I HAVE TO DECIDE QUICKLY

Do we have to submit a fresh application for our family? all our kids were born in UK and never been out since birth.
This forum is very helpful for me and without a doubt always been.

Thank you for your kind help, Awaiting for your quick response.
Was the child who is going to be 10 years, born in the UK?

On what basis was the appeal refused, and has there been an appeal to the Upper Tribunal?
Smooth seas do not make skilful sailors

winners
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Re: Human Rights Article 8

Post by winners » Mon Sep 22, 2014 11:20 am

Thanks Obie I forgot to add the eldest Child must be born and live at least 10 yrs here before she could be register as B C

From his previous post all the Children were born here

Best bet put it in your mind that you will register your eldest child by Feb2014 once she clocked 10 yrs
If home office grant you leave to remain before that's fine

With the way things were going now don't to be too optimistic if your child is Not B C
No Man on Earth should glorified Himself
All Glory Must be to thy Lord

sunnyhoney666
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Re: Human Rights Article 8

Post by sunnyhoney666 » Wed Feb 11, 2015 1:06 am

sunnyhoney666 wrote:Hi Guys, unfortunately our appeal for article 8 was dismissed on 19/09/14 this friday from First Tier Tribunal.
Could you please advise us what to do next?

My eldest daughter will be 10 in February 2015. She is now 9 years and 7 months, just for my knowledge, what status would she get once she turns 10 years? Are we only entitled to register her as british born child or also can apply for her passport? Me and my wife has no status at the moment, our other 2 children 7 and 5.10 months.

In similar cases, what are the winning chances if we go to Upper Tribunal?

PLEASE ADVISE ASAP AS I HAVE TO DECIDE QUICKLY

Do we have to submit a fresh application for our family? all our kids were born in UK and never been out since birth.
This forum is very helpful for me and without a doubt always been.

Thank you for your kind help, Awaiting for your quick response.
Hi guys
We were refused to go UT for next hearing. Lucky we have submitted our daughter's registration as British on Friday and aawaiting for acknowledgement. Now question is will my daughter be accepted for registering as british? Bearing in mind we don't have any status and awaiting for her result then submit fresh application. Which application should we submit? While result comes for my daughter what are the chances that we get caught in the meantime. We are still living at same address. Do UKba normally keep soft corner for families or they can turn up to get us?

One more important thing that enforcement department send me letter telling me that my driver's licence NHS and bank account all will be revoked and gave me 10 working days ending on 18 Feb. Please advise me what can be done to avoid this situation.
Please this is rather urgent matter and your help is very important for me
Thanks

Deewani
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Re: Human Rights Article 8

Post by Deewani » Wed Feb 11, 2015 9:11 am

As far driving licence and others are concerned..... If you have an outstanding application, then you can send them email or write to them ....and it will be fine. They wil reply you in 3 days to confirm that you hav an aplication pending....otherwise, sadly it is very likely they will revoke all dese privilidges..... I too had this letter...fortunately, bcauz we had application pending...they confirmed it and said we r fine

sunnyhoney666
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Re: Human Rights Article 8

Post by sunnyhoney666 » Tue Mar 03, 2015 12:14 pm

Hi Guys
in connection to my previous post, We have had submission to both Home office enforcement and also submitted for British citizenship registration of our 10+ years daughter within the time. bearing in mind all my 3 children were born in the UK and I have a stabilished family life here. I'm seeking advise from a Barrister in Central London against DVLA decision to revoked my licence. Is there any grounds exists if my family's Human rights application and my daughter's registration both are pending and my Driver licence had been revoked? is there any changes that DVLA will consider these points and avoid cancellation of licence? secondly, what are the changes to be accepted my daughter's registration application? I know you can not tell me exactly if anybody gone through this process, you comments will be appreciated and helpful

Thanks
Sunny

sunnyhoney666
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Re: Human Rights Article 8

Post by sunnyhoney666 » Tue Mar 03, 2015 12:18 pm

Hi Guys
in connection to my previous post, We have had submission to both Home office enforcement and also submitted for British citizenship registration of our 10+ years daughter within the time. bearing in mind all my 3 children were born in the UK and I have a stabilished family life here. I'm seeking advise from a Barrister in Central London against DVLA decision to revoked my licence. Is there any grounds exists if my family's Human rights application and my daughter's registration both are pending and my Driver licence had been revoked? is there any changes that DVLA will consider these points and avoid cancellation of licence? secondly, what are the changes to be accepted my daughter's registration application? I know you can not tell me exactly if anybody gone through this process, you comments will be appreciated and helpful

Thanks
Sunny

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