article 8 for private and family life

hi everyone i need advice in regards to my case. i will give a summary of where my case stand with the home office.

i came to this country in 2006 as a student n i have need be illegal and my last visa was a post study work which expired on 18 jan 2014. I apply for the article 8 for family and private life because i have a 3 year son born in 2011 and the grandmother is a British.

my application was rejected 3 week after i was give an appeal to the lower tribunal which was dismissed in sept 2014, i then re appeal to the upper tribunal in feb 2015 for am error on the law and in march 2015 was dismissed. i have not heard from the home yet.

my lawyer advice if my son grandmother can see a family solicitor and maybe we might have an option available to put in a new application.

can someone please advice of anything or option that might be available for my case.

thank you
mono

mononabs wrote:hi everyone i need advice in regards to my case. i will give a summary of where my case stand with the home office.

i came to this country in 2006 as a student n i have need be illegal and my last visa was a post study work which expired on 18 jan 2014. I apply for the article 8 for family and private life because i have a 3 year son born in 2011 and the grandmother is a British.

my application was rejected 3 week after i was give an appeal to the lower tribunal which was dismissed in sept 2014, i then re appeal to the upper tribunal in feb 2015 for am error on the law and in march 2015 was dismissed. i have not heard from the home yet.

my lawyer advice if my son grandmother can see a family solicitor and maybe we might have an option available to put in a new application.

can someone please advice of anything or option that might be available for my case.

thank you
mono

Difficult until child turn 7 years. Even After it is not easy to get visa on 7 years child basis

thank you Zee Ali

i did not apply for thr 7 yrs route but i apply for private and family life under article 8

You mention the grandmother is British.

What is the nationality of the child??

HiCR001
thank u
He has no immigration status because i was only three month pregnant when i apply PSW visa so got it jan 2012 He was born 2011.
He will have stay wat ever decision i got. Which stand now my last appeal is rejected.
i just want to know see the grandmother is british and is taking benefit on behalf of him. She can do something to prevent them from removing both of us.

I see where CR001's question is coming from.

If the Child's Grand mother is British, then how did she acquire her citizenship, and is the father of the child not British?

Thanks Obie
The grandmother was from sierra leone but the father has no stay cus he was an adult went he came over.
We have no contact so the grandmother wants to make sure he has contact with his only grandson.
my case was base on the relationship between the grandmother and my son. The home office are refusing to recognise the family life n that is my refusal ground.

mononabs wrote: i just want to know see the grandmother is british and is taking benefit on behalf of him. She can do something to prevent them from removing both of us.

Child benefit? And the child is not British?

Wanderer wrote:

mononabs wrote: i just want to know see the grandmother is british and is taking benefit on behalf of him. She can do something to prevent them from removing both of us.

Child benefit? And the child is not British?

The child does not have to be British for a parent or family member in the household to claim child benefit.

CR001 wrote:

Wanderer wrote:

mononabs wrote: i just want to know see the grandmother is british and is taking benefit on behalf of him. She can do something to prevent them from removing both of us.

Child benefit? And the child is not British?

The child does not have to be British for a parent or family member in the household to claim child benefit.

Yes! Otherwise EU citz. couldn't! I knew that!

But doesn't either one parent/guardian have to be or have ILR? Is the GM a legal guardian?

Wanderer wrote:Yes! Otherwise EU citz. couldn't! I knew that!

But doesn't either one parent/guardian have to be or have ILR? Is the GM a legal guardian?

GM is British so entitled to claim provided no one else is claiming for the child and I would assume the OP and child live with the GM, it is not clear from the posts.

Thank u everyone for the reply
Is there any option i can apply to enable me have a visa. I will be 10 yrs in the uk in Jan 2017. If i dont have a legal stay that would affect my long time residency. I alway be legal for pass 9 yrs.
i just need advice on what step to take. U effort is appreciated.

Thanks char
No he live with me and i am the legal guardian.
The GM is taking benefit because am not entitle.
u mean she has to be a legal guidance. How does that work.

Char i live in wales with my son and the GM live in london.

If GM is the legal guidance she can be abLe to apply for a stay for GS.
what option are available for legal guidance. Thank u So much

Hi everyone i really need advice and its urgent. Can someone help, most apprecaite. Thanks for ur effort.

mononabs wrote:Hi everyone i really need advice and its urgent. Can someone help, most apprecaite. Thanks for ur effort.

If you are arguing for family life with a relative that lives many hours away, my humble opinion is that this is a very tenuous link! What citizenship does the child have, because surely they would inherit yours and possibly the father's?

Also, even though the grandmother has a distant link to this child (because you live many hours away), she is allowed to claim CB?? Does that seem wrong to anyone else????