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sim27 · Posted: Fri Mar 16, 2012 4:19 pm Post subject: Interview at the Airport

Hi everyone,
got a letter to attend an interview regarding my immigration status at Edinburgh enforcement and compliance unit Almond house Edinburgh Airport.I don't know what is all about.....as I have an outstanding reconsideration application at the home.

Any advice will be really appreciated.
Thank you.
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Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6515 Location: Brasil

Go to the interview. You are asking for advice on comment on your situation but nobody knows anything about you.

The interview location seems to have worried you as it's at the airport. But look at this objectively. They don't invite people to the airport of their own free will and then put them on a plane. There may not even be a flight to your country from that location! The location of the UKBA being at the airport is relevant because there needs to be a presence there to deal with passengers and it makes sense to house other UKBA departments in one location. The letter is not a removal notice; it's a polite request to attend an interview and if the time stated is not convenient you should call to request another date. Go to the interview and be open and honest. If you think you won't be able to understand what is being said then take a legal representative with you; someone who will be able to explain your rights in the event that instructions are given. Only by going to this appointment will you get to know sooner rather than later, what is in the mind of the UKBA with regard to your outstanding application. Good luck!

sim27

Thanks for your advice.
Well, I am an over stayer,living with my British partner and our 2 kids.I applied for Discretionary leave March 2011 base on my family which was refused and my solicitor sent a letter of reconsideration in June,and another one in November 2011 with no reply from the home office.So,this interview letter is kind of scary.My partner is so scare that they might put me on the plane back to Nigeria......cos they ask me to bring passport or any ID and immigration document.

Thanks.
Sim
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Humanity

sim27 · Posted: Mon Mar 19, 2012 8:12 am Post subject:

Thank you guys for all your advice.Will keep you update.
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sim27 · Posted: Wed Mar 21, 2012 8:01 am Post subject: reconsideration letter refused

Hi guys,

I have been for the interview at the Airport yesterday.
Basically the lady says:my reconsideration application has been refused since January this year.So, as of yesterday I have no permission to stay in this country and I should start making a preparation to leave.I don't know what to do anymore!this is really affecting me and my family.I am thinking i should make a fresh application for Zambrano or ask my solicitor to challenge the refusal decision....help guys......

Thank you
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Humanity

Greenie · Guru Joined: 21 Aug 2008 Posts: 6946

Humanity

Yet to put an application in, but if I did probably will be applying for DLR. Greenie what would you advise the OP to do?
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Just my thought not a legal adviser .

Africanqueen1502 · Newbie Joined: 14 Mar 2012 Posts: 3

Hi Sim27

So sorry about wat ur going thru, however I'm advising from my own experience. Would it be possible to go back to nigeria marry ur partner and apply for a spouse visa? Is ur partnering working? I ask as my husband was granted a spouse a week ago.

He was an overstayer for 10 yrs, had two failed application, one studid and one discretionary leave due to the violence at that time in zimbabwe. He also had A drink drivin conviction. But decided to go back to his home country of Zimbabwe, we got married n then applied for the spouse visa, which was granted within 15 working days. I work full time but get some housing benefit, tax credit and child benefits for our 2 kids.

If you guys can meet the requirements then it's an option to consider??? Anyway wish u the best of luck...

Greenie · Guru Joined: 21 Aug 2008 Posts: 6946

sim27 · Posted: Thu Mar 22, 2012 8:24 am Post subject: Wont be able to satisfy ECO

Thank you guys for all your advice.
Well,my partner is not working at the moment and she will be starting uni by September.Basically,what the refusal letter says was the same as first refusal:because I have no leave to remain at the time of my application so therefore my application has been refused and also,I started a family and private life when I know I have no leave to remain.I was advised to go back to Nigeria and get an entry clearance visa,but I wont be able to satisfy the ECO since my wife is not working and I have no sponsor.
I have booked an appointment to see my Solicitor on Monday to discuss my options.This is so stressful eh.
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yusfaith · Member Joined: 27 Nov 2009 Posts: 59

I will not advise you to go back to nigeria to apply for entry clearance most especially when you partner is not working, it would be difficult to convince the ECO that she would be able to maintain you with the recourse to public fund. I strong believe you can fight you case here in UK if you have a good solicitor. I am a british national and I put in an application for my partner and she got her discretionary leave for 3 years. Your solicitor can make a reference to base his arguement on Beoko-betts(FC)(Applicant) V SSHD(Respondent)[2008] UKHL 39. where House of lord decided that the family life of all relevant family member should be considered.

Also a case of Chikwamba V SSHD(2008) UKHL 40 where the house of lords considered whether someone with a family settled in the UK should usually be expected to return to his or her home country to make entry clearance rather than being allowed to remained in the UK on the basis of Article 8. It was decided that if Article 8 would otherwise entitled someone to remain in the UK, he or she should not ordinary be required to go home in order to make an application to return to the UK especially if there are children involved.

I strongly believe you have a case under Article 8 but you need a good solicitor to handle you case.

sim27

Hello everyone,

Just an update on my case.
My solicitor faxed croydon office 2 weeks ago asking for service of a removal direction to proceed to appeal and this is the reply;

Thanks for your letter.I have passed your letter to a caseworker to consider Mr Sim's case with a view to them making a decision on it within next four weeks.

Has anyone be in thesame situation before?is this a good thing.....?will it lead to a grant?
your advice please....

Thank you.
Sim
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Humanity · Posted: Thu Sep 13, 2012 5:00 pm Post subject:

I will just up say hope for the best. Since Immigration rules have changed lately, and within the new provision, I believe your case stacks up well. Just a very tedious process. Hopefully there is a good news to follow.
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Just my thought not a legal adviser .

naija99 · Member of Standing Joined: 16 May 2012 Posts: 104

Did you go for the interview Sim? What happened?

sim27 · Posted: Fri Sep 14, 2012 12:34 pm Post subject:

Yeah, I went for the interview and I was served with 151A liability to detention and I got IS.96 in the post days after the interview.
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peppekalle · Senior Member Joined: 14 Jul 2011 Posts: 345

sim27

Finally got my biometric residence permitt, 30 months leave to remain with my passport.
I want to thank everyone for all the advice given to me on here.Its a blessing to have this forum.You guys are blessed......for those who are still waiting,I pray that your goodnews comes soon.

God bless.
Sim
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Casa · Moderator Joined: 23 Jul 2008 Posts: 4677

Good news! Congratulations Sim. Smile