I dont see any Human Rights compassionate grounds for a succesful application based on having children born in the UK. HO will urgue that they can be settled back in the parents home country.
Jeff Albright wrote:Agree with all except:I dont see any Human Rights compassionate grounds for a succesful application based on having children born in the UK. HO will urgue that they can be settled back in the parents home country.
They can argue that if the kids are not British citizens (born to parents neither of who is British or "settled"). If the author's spouse is British or any child is British, there is no point of arguing as such - British citizen has the right to choose to live in the UK if they wish and this is where Human Rights Article 8 comes to force to allow the foreign parent to remain with them.
What in fact can be argued is that there is no reason why a foreign spouse/parent cannot leave the UK to apply for an entry clearance and to subsequently re-enter the country unless they can provide a substantial proof that it would endanger their life (if the country is at war for example or the applicant had been persecuted in the past)
frnkgthg wrote:Thanx John
I have read and understood Chapter 1 Section 3c of 1971 act .I would like to enlighten chess that, based on the above chapter, I'm still 'legal 'and 'lawful' as my student visa is automatically extended until i get the determination.The Chapter clarifies that anyone on appeal can put forward another application to be considered with the original Appeal so long as the original appeal is not withdrawn,hence my 10 year rule clock is still ticking.Please advise further.
276A - HC395 wrote:
(b) "lawful residence" means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain; or
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