Help..Have i been given wrong advise??

Hi..

someone please help me...

I came to the uk in 1999 when i was 13years old with my gran and she left me here with her friend (on a six months visitors visa from nigeria).

I went to school and college and in 2002 when i was 17 I tried to sort out my status, I went to see a solicitor who applied for asylum for me, I have no Idea why asylum but it was his advise. I was declined and i had an appeal which was also declined, this finished in 2004 and I beleive I needed to go back to my home country. I didnt get my passport back and didnt hear anymore from the HO I moved but i gave them my new address.

I was leaving with a friend and her parents and they were supporting me until Jan 2006 when i met my partner a Portuguese national and hes been here since 2004. We have a son of 15months and have another baby due in october. Just to add we are married but in a islamic way.

In march this year we went to see a solicitor to sort out my status..our plan was for me to go back and get entry clearance but the solicitor advised us not to as at that point there was a ban due on 1 april if i went back i wouldnt have been able to come back to the uk for over a year or so.

The solicitor has made an application for 'Human rights and Compasionate grounds'

My question is this the right application or should we have applied for EEA family permit. I also beleive i dont need an entry clearance for this application is this also right as i am now 6months pregnant and really dont want to travel and also I am really worried if I have to go back I will need to do so before 1st of october but my baby is due 13th of october.

Any help will be appreciated.
thanks

aesha22 wrote:The solicitor has made an application for 'Human rights and Compasionate grounds'

Yes, I think that is the correct application. Basically you get the right to stay as the parent of a European citizen, if it is not beneficial for the child to leave the UK.

My question is this the right application or should we have applied for EEA family permit.

That is the other option, but you would need to get married first, and that is usually not possible in the UK without a legal status. So the EEA route would usually require you to leave the UK.

Tom

thanks tom

ive been really worried that this application was wrong..do u have any idea how long this applications useaully take?

aesha22 wrote:thanks tom

ive been really worried that this application was wrong..do u have any idea how long this applications useaully take?

In my case (also unmarried partner of EEA national with a child) it took 6 weeks.

thanks tasha..did u apply within the uk or outside and was your application accepted.

I am also Eu national and my husband is non EU national we went to his counry and applied for a EEfamily permit but is easy if You can manage to marry legal here which is possibile if u apply for COA because she is an EU (must be on her treaty right) and u have to submit proof of your relationship which can be:child birth certificate,cards,photos together.bills,letters from friends,cards from friends anything which shows u been together for al least 2 years.You have good chance!!!!After you just apply for a residence card as nonEu family memeber as a spouse of Eu member which exercise treaty right!!Is easy and not need to pay for it.If are an overstayers do not worry EU gives u lots of rights !!!people just are not aware of do not want to!!Wish all the best!!!

aesha22 wrote:thanks tasha..did u apply within the uk or outside and was your application accepted.

Oops, sorry my mistake. I applied under the 7-years child concession. It got refused, but we won the appeal on Human rights (family life) but using the European law and Baumbast and Chen case laws.
My partner (children dad) is EU national, and we provided proofs including from school and childcare provider that dad supports children in every possible way - financially and physically: attends parents evenings, does shopping for them, takes on days out, even changes nappies. There are also some reasons why he cannot be expected to go to my country with us.
But from what I understood at the hearing, had my partner been British or at least settled here, I would be nevertheless expected to go back and reapply to re-enter on whatever basis, e.g. fiance or spouse visa.

Have you tried to apply for COA to get married? I don't remember if I read it on this forum or another but someone who is overstayer or illegal immigrant (don't remember) applied for COA and it was approved. Mind you, he had to wait for it for 2 years.