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ILR refused and going to appeal need suggestions
Posted: Wed Dec 11, 2013 9:17 pm
by spapa1982
Hi, I have recently applied for my ILR through a lawyer. My case is I gave birth to a child, and the father of the child is a British who is holding british passport. I am not married to the child's father because we separated, and I am taking care of the baby alone after I gave birth to my child. However, the father of the child registered my baby with me for her birth certificate. We sent the application in and it was refused recently because of two major thing,
1, we did NOT provide father's original passport (my lawyer said the copied one is good enough). and that could not state that my child is a british citizen because home office do not accept COPIES.
2, I cannot proof that I have been always taking care of the baby, and have been lived with her and has sufficient funds to proof that I have the ability to take care of the baby.
These are the two major reason for the refusal.
Therefore, I am going to appeal for this. I would like to ask how much possibility can the appeal be successful providing I can give them the original passport of the father, and some proof of saying that I have been always taking care of the baby since she was born.
my lawyer is going to make the appeal application for me now, but I am still very worried. i don't want to be separated from my child. I hope someone can give me some advices.
Posted: Wed Dec 11, 2013 9:37 pm
by Lucapooka
I don't think it was an ILR application. I think you mean FLR. What was your immigration status at the time you applied? Perhaps your lawyer should have prepared the application more thoroughly. A simply copy is never accepted; a legally certified copy is, if the original passport is not available. I can't comment on the financial support paperwork as I can't see it but one must assume that your lawyer did see it. I wonder why he thought it was an appropriate bundle if the UKBA say that is it lacking in much of what is necessary?
Posted: Wed Dec 11, 2013 11:26 pm
by CR001
you should try stick to one post/thread and provide as many facts as possible
http://www.immigrationboards.com/viewtopic.php?t=153104
Re: ILR refused and going to appeal need suggestions
Posted: Fri Dec 13, 2013 11:25 pm
by OlaDPounds
spapa1982 wrote:Hi, I have recently applied for my ILR through a lawyer. My case is I gave birth to a child, and the father of the child is a British who is holding british passport. I am not married to the child's father because we separated, and I am taking care of the baby alone after I gave birth to my child. However, the father of the child registered my baby with me for her birth certificate. We sent the application in and it was refused recently because of two major thing,
1, we did NOT provide father's original passport (my lawyer said the copied one is good enough). and that could not state that my child is a british citizen because home office do not accept COPIES.
2, I cannot proof that I have been always taking care of the baby, and have been lived with her and has sufficient funds to proof that I have the ability to take care of the baby.
These are the two major reason for the refusal.
Therefore, I am going to appeal for this. I would like to ask how much possibility can the appeal be successful providing I can give them the original passport of the father, and some proof of saying that I have been always taking care of the baby since she was born.
my lawyer is going to make the appeal application for me now, but I am still very worried. i don't want to be separated from my child. I hope someone can give me some advices.
Hi just to add to what the guru have stated. I have idea about your situation but your lawyer is a dumb sorry to say because we all know HO applications will say no photocopies are accepted so I wonder why he/she told you that photocopy should be sufficient. Anyway you have a good chance of winning your appeal or request for reconsideration by providing those documents (Baby's father's original passport, get a letter from your GP for 10-20quid which will state your name, dob, date of registration at the GP and also your child's details. Its a very short letter that will just show your and your child are registered to the GP surgery and since the birth of the child you have been coming for your baby's immunization and regular medical check. please accord her with any assistance, signed by the doctor and also they will print your baby's record for you at the top of the document you will see your name close to baby's name stating the dates you have attended the GP surgery with the baby. and also your baby's father will write a letter stating he his supporting your application for leave to remain with your child as he can't allow his child to leave to country and also you can't be separated from your baby, he should sign it and dated and also make sure signature on the letter and passport are the same as people might have change signature at a point in time. also applying for your baby's passport should have been your priority from the beginning which your lawyer must have told you which would have clearly show the HO your child is British and therefore can not leave the country. So don't panic as you have good chance just make sure you get all this documents and request for a reconsideration as appeal can take sometime but if you don't mind then just go for the appeal and get all documents ready to support your case.