priscaltony wrote:It will actually depend on your case and how the judge view it. Do you have a solicitor or are you representing yourself?
It is really tough now for anyone to predict outcome of out of rules application.
I saw your other post on 10 years forum, so on this note, may I ask why you were not given a right of appeal?
="JOHFR2014"]Good afternoon, my friends and other board members, i will be grateful and glad if someone can help with my query,i am a silent member of this forum but i need urgent help concerning my FLR(FP) based on 7year rule/private life which was refused recently without right of appeal. We are planning to go for judicial review. We applied as a couple ,two of my children have leaved continously in UK for more than 7 years as at the time the application was submitted. Do we have a winning case if proceed on judicial review because it seems most people on these forum got their visa after going through judicial review?
many thanks,your urgent reply will highly be appreciated
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Thank you for your reply priscaltony, as per your questions, the answers are as follows:
my immigration history is as follows. I came to UK in Aug 2005 as a
student from Gambia and I was on student visa up till end of 2010. I
got post study visa in 2011 which expired in April 2013 . My wife joined me
in UK from Gambia on Aug 2006 and my two children ( now age 13yrs
and 8yrs respectively joined us in 2007.The third child was born here in UK
in 2010. I put in FLR(O) application in 2013 when my post study visa
was about to expired, we applied as a family unit like JTK( JTK and his family were granted then)
and we were refused , luckily we got appeal right in 2013.
I started using solicitor from 2013 when we were refused and given appeal right. We proceed the appeal process up to first tier tribunal who disallowed the appeal then proceed to upper tribunal but before we received upper tribunal permission ,we now put in fresh flr (FP) application by withdrawing the appeal and applied for FLR(FP) (when two of my children have lived continously in UK for more than 7years )the same day as normal process.
lHowever, the fresh application was refused without appeal right, the home office claimed as per the refusal letter was that we(parents) are illegal immigrant and that our leave expired in 2013 and we put in fresh application in 2014. Home office did not consider section 3c and 3d in our application which I believe is an error of law on their part.
The home office even stated in their refusal letter to each qualified child that they knew each child has lived continously in UK for over 7years, got friends in UK , but their application will be refused because their parent application has been refused as well.
I will appreciate it if any member( OVERSTAYER/NON E.U/BRITISH PARTNER/CHILDREN) that are recently got their visa based on FLR(FP) should help with their advice.
N.B
WE ALWAYS PUT IN OUR APPLICATION ON TIME MOSTLY ONE MONTH BEFORE THE VISA EXPIRED.
many thank,
JOHFR2014