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how soon to leave the UK
Posted: Sat Jan 19, 2013 9:31 pm
by newmulligan
My appeal right has been exhausted. How soon will I have to leave the UK?
Thanks
Posted: Sat Jan 19, 2013 11:17 pm
by Obie
As soon as you want or can.
If the exhausted appeal was not in relation to Removal direction, and you have a strong convention right claim, you were not issued with a Section 120 ( One Stop Notice), you may be informed by UKBA that they want to remove you, and may give you another right of appeal.
That depends on the circumstance of your case.
Posted: Sat Jan 19, 2013 11:17 pm
by Obie
As soon as you want or can.
If the exhausted appeal was not in relation to Removal direction, and you have a strong convention right claim, you were not issued with a Section 120 ( One Stop Notice), you may be informed by UKBA that they want to remove you, and may give you another right of appeal.
That depends on the circumstance of your case.
Posted: Sat Jan 19, 2013 11:43 pm
by newmulligan
Thank you.
My application for permanent residency under the EEA regulations 2006 was rejected. The 1st tier tribunal dismissed my appeal under the regulations and article 8 human right (private life). I applied to the 1st tier tribunal for permission to appeal, but it was rejected. I then applied directly to the upper tribunal for permission to appeal, which was reject, too.
I heard that I can apply to the upper tribunal for permission to appeal to the court of appeal, but not sure if my appeal right has been completely exhausted when the upper tribunal did not allow my application for permission to appeal. Any suggestions about this?
Honestly I do not think there is any merit to appeal further. I am thinking to leave within 28 days. In this way I have not been overstaying in the UK? In another word, my immigration history is not contaminated?
Posted: Sat Jan 19, 2013 11:49 pm
by Obie
What was the reason for refusal. Was it lack of evidence of treaty rights for your EEA spouse or what.
Posted: Sun Jan 20, 2013 11:01 am
by newmulligan
yes.
Posted: Sun Jan 20, 2013 5:30 pm
by Obie
Did you request the HO to make enquiries on your behalf?.
Posted: Sun Jan 20, 2013 6:34 pm
by newmulligan
no. Which department of the UKBA shall I ask for clarification? i.e, how soon shall I leave?
Posted: Sun Jan 20, 2013 6:36 pm
by newmulligan
also is there any contact number?
Do you consider that there is no merit for me to appeal further?
Posted: Sun Jan 20, 2013 7:06 pm
by Obie
There is no contact number or law.
Family member of EEA nationals are not subject to immigration control. Therefore they dont have to have leave to remain. They are not usually given the 28 days notice, but told to leave ASAP.
I am not sure of the merit. Difficult to ascertain from your post.
I believe UKBA will probably write back to you and inform you to leave.
The appeal seem to be against refusal of PRC and not against Removal.
As i said, you may have another bite of the cherry.
Posted: Sun Jan 20, 2013 7:26 pm
by newmulligan
The UKBA's letter which refused my application for permanent residency says "If you fail to leave the UK voluntarily your departure might be enforced. In that event we would first contact you again and you would have a separate opportunity to make representations against the proposed removal". It also says "Regulation 26 of the Immigration (EEA) regulations 2006 confers a right of appeal against this refusal ...."
Obviously I chose to appeal, but now it appears no need to appeal further. May I still contact the UKBA saying that I would like to leave voluntarily?
If I did not do this, like you said the UKBA would wrote to me asking me to leave. By then I can appeal against the removal, however, what is the final outcome of the appeal? Would I be allowed to stay then? Obviously I need to know the possible outcome in order to decide if I want to go down to that track as I am not working now and the UK is too expensive to live in.