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I am detained by UKVI ?

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Thequestions
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I am detained by UKVI ?

Post by Thequestions » Thu Jul 28, 2016 5:28 am

Hello guys
A few questions. I was served a letter that I would be removed and detained. I have been 11 years in the uk. My marriage collapsed and my kid is 8 next November. I have an interim contact order which states a supervised single visit

My hearing was dismissed and my appeal rejected due to NO ERROR OF LAW. I applied for LTR based on article 8. Judge says I overstayed Bcos I moved address and did not see the last refusal on time and went back to uni. However at uni communicated my every move about my immigration status

I got a letter asking me to make departure plans and come to the immigration centre and confirm if I am coming

I am scared these guys will detain me

My child is not settled as my ex wife just had her application rejected but given an appeal. She has been here 12 years.

1. Do I use a direct access barrister or solicitor (pls explain which is better and why) as I am trying to educate myself

2. What options are available to us ?

3. My solicitors stopped talking to me. He wants far too much money ? £200 + vat per consultation session



4. Any solicitors offering free initial consultation?

5. Any solicitors in this forums ?


I emailed work permit and asked to get in touch with london office


Thanks in advance

Eddy

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Re: I am detained by UKVI ?

Post by member » Thu Jul 28, 2016 5:41 am

What's your child's nationality?

Thequestions
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Re: I am detained by UKVI ?

Post by Thequestions » Thu Jul 28, 2016 6:00 am

we are from Nigeria

My ex has not got LTR. Neither has my child. We were not married but I am names on my child's BC

remiee
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Re: I am detained by UKVI ?

Post by remiee » Thu Jul 28, 2016 7:42 am

Try and reconcile with your wife and both of you and the child should make a fresh application using flr(fp). I hope you have not gone to a lawyer that has adviced you to seperate from your wife, so your wife could apply with the child and once given then you can apply based on your child's. You and your wife should have applied as a family unit. It is better, but some lawyer will advice you the opposite.

Thequestions
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Re: I am detained by UKVI ?

Post by Thequestions » Thu Jul 28, 2016 8:52 am

We have both moved on. This I know for sure

A lawyer advised on what u said (apply separate) and it backfired

Is there anything else I can do ?

Also which do I use a barrister or lawyer ?

remiee
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Re: I am detained by UKVI ?

Post by remiee » Fri Jul 29, 2016 7:11 am

Without the child in your application it will very difficult to succeed, and also for the fact that your ex is still legalised it makes it more difficult. For application to succeed you will need the child in your application. Barristers are more expensive, because they can respresent in court while a solicitor can't. I will advice you to have a consultation with a barister first before paying anyone fees.

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Casa
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Re: I am detained by UKVI ?

Post by Casa » Fri Jul 29, 2016 8:54 am

remiee wrote:Without the child in your application it will very difficult to succeed, and also for the fact that your ex is still legalised it makes it more difficult. For application to succeed you will need the child in your application. Barristers are more expensive, because they can respresent in court while a solicitor can't. I will advice you to have a consultation with a barister first before paying anyone fees.
I believe remiee means that your wife is still 'illegal' The situation is further complicated by the fact that you are no longer a family unit and if your estranged wife's case to remain fails (if she's submitted one), then so does your claim.
Also the fact that you are both from Nigeria weakens any chance of securing residence as the judge is likely to take the view that you can all return to your home country and settle there.
You're going to need very deep pockets to cover all the legal costs.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Thequestions
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Re: I am detained by UKVI ?

Post by Thequestions » Fri Jul 29, 2016 9:09 am

Forget the legal costs for now ( I would like to educate myself on possibilities and non possibilities). Pls advice on theses



1. What about the fact my child is 8 ?

2. Could I request a JR at this point of failure ?

3. How many years is long residency for overstayers to qualify ?

4. What happens when my child gets to 10


Kindly advise

Many thanks

Wanderer
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Ireland

Re: I am detained by UKVI ?

Post by Wanderer » Fri Jul 29, 2016 1:12 pm

Thequestions wrote:Forget the legal costs for now ( I would like to educate myself on possibilities and non possibilities). Pls advice on theses



1. What about the fact my child is 8 ?

2. Could I request a JR at this point of failure ?

3. How many years is long residency for overstayers to qualify ?

4. What happens when my child gets to 10


Kindly advise

Many thanks
1. Makes no difference

2. Dunno

3. 20 years

4. Nothing

As far as I can see no-one is British here or has ILR, and an 8 year old can adapt to living in another/home country as can the parents.
An chéad stad eile Stáisiún Uí Chonghaile....

secret.simon
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Re: I am detained by UKVI ?

Post by secret.simon » Fri Jul 29, 2016 3:01 pm

Where was the child born?

After 20 (of legal and illegal) years of stay in the UK, you could (not guaranteed) qualify for FLR(FP) on which you would have to spend another 10 years before acquiring ILR. That is assuming that the laws have not changed by then.

Also see Immigration Directorate Instruction on Family Migration. Section 3.6 (on private life in the UK) states;
Consistent with the public interest considerations set out in section 19 of the Immigration Act 2014 that provide that little weight should be given to a private life established by a person who is in the UK unlawfully or with precarious immigration status, the private life rules provide a stringent set of requirements to be met by applicants.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

remiee
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Re: I am detained by UKVI ?

Post by remiee » Sat Jul 30, 2016 5:34 am

1. What about the fact my child is 8 ? You case weak because you are seperated and also the fact that your ex is overstayer. Hence applying as a family unit would have been your best option. Your wife appeal might be success when it goes to a judge as 7years is a starting point.

Paragraph 276 ADE(1) (iv) was however amended, with effect from 13 December 2012 requiring that in addition to the residence of 7years, it was also required to be that it would not be reasonable to expect the applicant to leave the UK;

2. Could I request a JR at this point of failure ? Consult a barister for legal advice.

3. How many years is long residency for overstayers to qualify ? 20 years.

4. What happens when my child gets to 10. register your child as BC. see https://www.gov.uk/government/publicati ... zen-form-t

secret.simon
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Re: I am detained by UKVI ?

Post by secret.simon » Sat Jul 30, 2016 12:59 pm

remiee wrote: 4. What happens when my child gets to 10. register your child as BC. see https://www.gov.uk/government/publicati ... zen-form-t
That only applies if the child was born in the UK and has absences of no more than 90 days per year for the first 10 years of its life.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Casa
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Re: I am detained by UKVI ?

Post by Casa » Sat Jul 30, 2016 1:34 pm

In addition to secret.simon's advice regarding your child reaching 10 years residency, how do you intend to stay under the radar for the next 2 years, when the HO have already sent you a letter informing you that they plan to remove and detain you? :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Thequestions
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Re: I am detained by UKVI ?

Post by Thequestions » Sat Jul 30, 2016 11:00 pm

secret.simon wrote:Where was the child born ?

Here in the uk

Thequestions
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Re: I am detained by UKVI ?

Post by Thequestions » Sat Jul 30, 2016 11:04 pm

Casa wrote:In addition to secret.simon's advice regarding your child reaching 10 years residency, how do you intend to stay under the radar for the next 2 years, when the HO have already sent you a letter informing you that they plan to remove and detain you? :idea:

All things are possible. To him that believeth

Thanks for the updates. I am just trying to attain knowledge

Thequestions
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Re: I am detained by UKVI ?

Post by Thequestions » Sun Jul 31, 2016 8:18 pm

Quick question


If I am served a removal notice and appeal dismissed

Is there any way to halt action. Can I apply to the courts to halt or delay it ? Since I have a child born here ?

Pls advise

Thequestions
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Re: I am detained by UKVI ?

Post by Thequestions » Sun Jul 31, 2016 8:29 pm

Thequestions wrote:Quick question


If I am served a removal notice and appeal dismissed

Is there any way to halt action. Can I apply to the courts to halt or delay it ? Since I have a child born here ? Or any other genuine reason. I am researching all avenues

Pls advise

remiee
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Re: I am detained by UKVI ?

Post by remiee » Mon Aug 01, 2016 6:09 am

Very difficult because your child doesn't have residence yet. My advice for you is to seek for legal advice ASAP.

Thequestions
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Re: I am detained by UKVI ?

Post by Thequestions » Mon Aug 01, 2016 8:51 am

I am speaking with a barrister


The problem I have is that the 3 solicitors I have all consulted in the past would take a chunk of money from you and advise you in the wrong direction

Owing to the fact that I have been uneducated about the entire immigration laws I have blindly followed

And when it all come crashing down both me and my family bear the brunt

So all advise given here is well appreciated

I would need a way to delay the removal notice and act on plan z quick

Thank you

remiee
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Re: I am detained by UKVI ?

Post by remiee » Mon Aug 01, 2016 9:52 am

I understand how you feel. I was once in similar suitation but I didn't follow the advice I got from solicitor encouraging me and my wife to split in other to get a successful result, but we resfused the advice and decided to follow our heart and submitted our application as a family unit. We were granted in May 2015. First child was 8+ year.

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