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Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator
I accept that, but in almost all the case laws i can think of from the top of my head, the court has ruled that the best interest lies with the child being removed with the parent, especially when he/she has developed no link or attachment to the community, outside the scope of his/her parents.Amber wrote:The best interest of the child must be considered nonetheless.
Hi Obie, I don't know why you are keep saying 16months. its 13months and 16days, isn't it? well, i'll try this way, at least if i can spend 6/7months with this application then i'll apply in another category later on like Tier4. what do u guys think?Obie wrote:That child is very young and unless he or she is british or settled here, or has medical issues, there is little prospect of success or appeal, and I am doubtful an application and an appeal could last for up to 16 months.
well i apologise for my poor arithmetic skills, probably the reason why i did not choose a career that does not involve counting.atikur wrote:Hi Obie, I don't know why you are keep saying 16months. its 13months and 16days, isn't it? well, i'll try this way, at least if i can spend 6/7months with this application then i'll apply in another category later on like Tier4. what do u guys think?Obie wrote:That child is very young and unless he or she is british or settled here, or has medical issues, there is little prospect of success or appeal, and I am doubtful an application and an appeal could last for up to 16 months.
Hi Obie,Obie wrote:It will be unlawful for them to refuse you a right of appeal if as a result of the refusal, you are left with no right of appeal. See 82(2)(d).
That will be a blessing if they do that, as it will mean you can seek JR and section 3C will continue.
I was advising you to make an application which has a realistic prospect of success, so as to give you some time, before applying for life under Private and family life, or Long residence.
If you were to apply under FLR(FP) and it gets refused quickly, you then go for an appeal and it fails, and permission for further appeal is refused, you will only have 28 days to make a new application, and that application cannot be varied.
I am concerned if by then, you will be able to secure sponsorship certificate from an institution.
Anyway i wish you all the best with whatever decision you take.
yes, I've seen that clause 82(2)(d) and it clearly stated that I should have appeal right. but could you clear me if I seek for JR followed by an unlawful refusal how section 3C will continue. do you have link for that? cause I have spoken with a legal adviser and he said JR will not count as continuation of my legal stay. please give a link or example so that i can speak with that lawyer again.Obie wrote:It will be unlawful for them to refuse you a right of appeal if as a result of the refusal, you are left with no right of appeal. See 82(2)(d).
That will be a blessing if they do that, as it will mean you can seek JR and section 3C will continue.
I was advising you to make an application which has a realistic prospect of success, so as to give you some time, before applying for life under Private and family life, or Long residence.
If you were to apply under FLR(FP) and it gets refused quickly, you then go for an appeal and it fails, and permission for further appeal is refused, you will only have 28 days to make a new application, and that application cannot be varied.
I am concerned if by then, you will be able to secure sponsorship certificate from an institution.
Anyway i wish you all the best with whatever decision you take.
Obie wrote:Thanks for the compliment, and i hope they direct you in a proper and correct way, which will not have an effect on you and the future of your family, as there is a young child here as well.
I wish you all the best again.