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Why would illegals with children be rejected?

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jammy101
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Why would illegals with children be rejected?

Post by jammy101 » Tue Aug 12, 2014 2:28 pm

Hi one of my clients I translate for who is illegal applied for the 7 year residence rule with children born outside UK. Why might that be because based on the child living her for 7 years I thought there was an human right issue? They seem really distressed I'm trying to help them but i'm no solicitor. Thank you

Obie
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Re: Why would illegals with children be rejected?

Post by Obie » Tue Aug 12, 2014 6:12 pm

It is a proportionality assessment.

A person can still be refused if it will be reasonable to expect the child to return to the country of hi/her origin.
Smooth seas do not make skilful sailors

jammy101
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Re: Why would illegals with children be rejected?

Post by jammy101 » Thu Aug 21, 2014 12:05 am

Obie wrote:It is a proportionality assessment.

A person can still be refused if it will be reasonable to expect the child to return to the country of hi/her origin.
IC so what are there options now?

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Re: Why would illegals with children be rejected?

Post by Obie » Thu Aug 21, 2014 6:48 pm

To apply under the 7 years rule.
Smooth seas do not make skilful sailors

jammy101
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Re: Why would illegals with children be rejected?

Post by jammy101 » Fri Aug 22, 2014 1:02 am

Obie wrote:To apply under the 7 years rule.
I think thats what they originally did but got rejected and they dont know why.

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Re: Why would illegals with children be rejected?

Post by Amber » Fri Aug 22, 2014 1:06 am

It's not unusual for the UKVI to reject cases.
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Obie
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Re: Why would illegals with children be rejected?

Post by Obie » Fri Aug 22, 2014 1:07 am

They should have requested a removal notice, which would have invoked a right of appeal under section 82.

But with the changes to section 82, it is questionable as to what purpose a removal notice will serve.

I suppose it make confer a right of appeal if a claim is made, which she already has.
Smooth seas do not make skilful sailors

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