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[/quote]hi do not try to send her back home . she is going to stay there for years and that is not going to be good for you and the children . applie in country using form flr( fp) on 10 years route as she is immigration offender. she will get her visa human rights ground as british kids are involveInsomnia wrote:Thanks for your reply. But i am still confuse why not send her back? She is not from my background so its hard for me to move over to her country and stay there. As my kids born here and started their schools now.I do not have many papers proof of her to stay together because of no bank account but personal references from friends and neighbours can get in good numbers.Zee ali wrote:Better to apply for her in conutry Flr fp application.Insomnia wrote:Hi there
I am using this forum from a while. I found it extremely helpful. I have a situation, shouldn't be new to most of you guys.
I have got ILR last year. I have got 2 kids they are British nationals now. 5 and 3 years old. My Mrs came into this country 8-9 years back. But she does not have any status in this country.Now we decided to apply for her.
As she not been back to her country for long time. Can she go back and apply from there as i am earning more than £19000 per year.
Any suggestions in my case if she goes back , Merits & Demerits and any consequences which can effect on the applications. As my both kids just started school this year so i am looking to send her this summer to see her family and apply from there as well.Kids need to join back school in September again.
I believe if she will granted visa from back home . it would be 5 years instead of apply inside the UK discretionary basis 10 years route.
She stayed in this country illegally for such a long time , could this be a worst effect on the considerations for the application.
Does it make any difference if a person illegal entry or an over stayer?
I will highly appreciate for your expert advice and experiences.
Best Regards
Best interest of child ( british kids and settled partner). Better to seek legal advice.
If u send her back, maybe she faces a 10 years ban.
I am afraid about my family being stuck there back home. On Human Rights ground they still can ban her?
For her some personal and family reasons i prefer to send her back for a while.
Please advice me further anyone what shall i do in this situation., I will appreciate.
Best Regards
Hishareen24h wrote:shareen24h wrote:Ems1927 wrote:The home office were given permission, upper tribunal on March 20... Scared and angry
Hi
Take a experienced lawyer who can fight against the HO argument.Don`t worry you will win again in UT.
Thank you, the home office are arguing that they didn't receive some evidence that the judge allowed to be sent later, but my lawyer has the proof of postage to them. I'm worried that the court date is so soon, don't know if this is a bad thing or not
Ifemi- so sorry about the refusal.Ifemi wrote:Pls guys I really need ur advice, pls I beg u in God's name pls advise me on want to do, pls obie,kukuswife,winners and other wonderful people on this blog.
This is my timeline
2007-Came to ukvisiting visa
2007-Claim asylum in March
2007-arrested for false passport sentence to 8 month
2009- asylum refused
2009-appeal refused and exhausted appeal right
2010-fresh claim refused
2011-fresh claim refused
2012-fresh claim refused
2013 fresh claim refused
2014 fresh claim refused
Dec 2014- apply FLR fp on 7 years child
Jan 2015- fee waiver approved and
22/01/2015- biometric done
26/02/2015- refused letter with no right of appeal
Reasons is dat they said I am not of God character bcos of going to prison for false passport in 2007 and that am lying that my partner which is also asylum and the father of my 3 children is not Liberian. Thou is been having huge problem with home office about his nationality despite providing them with prove of his birth certificate.
They can clearly see it on the children birth certificate, now my lawyer said she will send a letter for reconsideration with his original birth certificate to them.
Pls advice on what to do, pls should I ask her to reapply again for the FLR fp on the same 7 yrs child basis and include my partner birth certificate and I will be paying this time no fee waiver.
Pls someone should pls for God's sake reply me. Plsssssssssssssss am very very depressed, help me pls.
Thks so much kukuswife, I really appreciate it, I have an appointment with my solicitor on Monday, I will make sure I insist on 3 weeks waiting time to hear from home office about the reconsideration bcos my solicitor is so slow, pls do u think I still have chances that they can overturn their decisions to grant if they agreed to reconsider me?as U've said they didn't even take my children health into considerations bcos 1 has sickle cell anaemia and 1 also has hormonal adrenache since when she was 5 yrs, I just need word of encouragement and hope bcos I will be honest with u am so fed up. No family here to support. Thks thks a lot bcos replying means a lot to me, I wil Update on Monday after meeting with my solicitor.Kukuwife wrote:Ifemi- so sorry about the refusal.Ifemi wrote:Pls guys I really need ur advice, pls I beg u in God's name pls advise me on want to do, pls obie,kukuswife,winners and other wonderful people on this blog.
This is my timelinebb
2007-Came to ukvisiting visa
2007-Claim asylum in March
2007-arrested for false passport sentence to 8 month
2009- asylum refused
2009-appeal refused and exhausted appeal right
2010-fresh claim refused
2011-fresh claim refused
2012-fresh claim refused
2013 fresh claim refused
2014 fresh claim refused
Dec 2014- apply FLR fp on 7 years child
Jan 2015- fee waiver approved and
22/01/2015- biometric done
26/02/2015- refused letter with no right of appeal
Reasons is dat they said I am not of God character bcos of going to prison for false passport in 2007 and that am lying that my partner which is also asylum and the father of my 3 children is not Liberian. Thou is been having huge problem with home office about his nationality despite providing them with prove of his birth certificate.
They can clearly see it on the children birth certificate, now my lawyer said she will send a letter for reconsideration with his original birth certificate to them.
Pls advice on what to do, pls should I ask her to reapply again for the FLR fp on the same 7 yrs child basis and include my partner birth certificate and I will be paying this time no fee waiver.
Pls someone should pls for God's sake reply me. Plsssssssssssssss am very very depressed, help me pls.
It has been a very long journey for you and your family and I can see that you are very much interested in resolving this issue as quickly as possible. Ifemi there is nothing impossible for God to do they that have refused you will surely grant your stay by God grace.
Now to the issues- from the explanation the refusal is based on two issues; character and partner identity.
Your lawyer is quite right considering sending the HO the required documents but in my own opinion they may not respond or they may respond with same refusal points. Therefore I will like to suggest that the reconsideration letter can go ahead but if there is no respond within three weeks your lawyer should sent in a PAP letter ( pre action protocol). This will help in achieving two objective; get a commitment that the matter will be reconsidered within three months and if the decision remain the same you can have In- country appeal. The PAP will also help your lawyer to push harder for child best interest and that it was not dully considered.
Please remember that the seven years rule is not that straight forward or aces. You have to fight hard to get through the obstacles HO throw at you.
I wish you all the best.
[/quote]Hi Ifemi- I don't think is advisable to sent the certificate with PAP. The PAP letter goes to a different address not to HO. The certificate can be misplaced. I understand how difficult it is to get money to pay solicitor. You might need to work it out with the solicitor and see how you can achieve same goal and pay less. Some of them do understand.Ifemi wrote:Pls kukuswife enlighten me pls is it possible to send in pap letter with my partner certificate without sending reconsideration letter. Reason is dat my application is refused without right of appeal and my solicitor will be charging me for each letter and to be honest I can't afford it.
Bless you for this reply, pls I have one more question, my partner original birth certificate was given to immigration at Leeds reporting centre back in 2011 which he ask them to give to his case worker then, but they never gave it to his caseworker and I can remember that his case worker wantto grant him then, but dis evil immigration officers in reporting centre never delivered it, after few months with argument they admitted dat he gave it to them and lied that is photocopy, he can't get another original now bcos his is uncle in America dat went to Liberia to get dat in 20011. His been to detention 2 times but the photocopy he had with him always save him bcos he always apply for bail immediately in detention with his birth certificate and judge always free him. I will send the photocopy to them for reconsideration and let them know that the original is with Leeds immigration team hopefully the bamboos there will bring the original out from their dark holes.Kukuwife wrote:Hi Ifemi- I don't think is advisable to sent the certificate with PAP. The PAP letter goes to a different address not to HO. The certificate can be misplaced. I understand how difficult it is to get money to pay solicitor. You might need to work it out with the solicitor and see how you can achieve same goal and pay less. Some of them do understand.Ifemi wrote:Pls kukuswife enlighten me pls is it possible to send in pap letter with my partner certificate without sending reconsideration letter. Reason is dat my application is refused without right of appeal and my solicitor will be charging me for each letter and to be honest I can't afford it.
Yes. Give them what you got with explanation that they (HO) has the originalIfemi wrote:Bless you for this reply, pls I have one more question, my partner original birth certificate was given to immigration at Leeds reporting centre back in 2011 which he ask them to give to his case worker then, but they never gave it to his caseworker and I can remember that his case worker wantto grant him then, but dis evil immigration officers in reporting centre never delivered it, after few months with argument they admitted dat he gave it to them and lied that is photocopy, he can't get another original now bcos his is uncle in America dat went to Liberia to get dat in 20011. His been to detention 2 times but the photocopy he had with him always save him bcos he always apply for bail immediately in detention with his birth certificate and judge always free him. I will send the photocopy to them for reconsideration and let them know that the original is with Leeds immigration team hopefully the bamboos there will bring the original out from their dark holes.Kukuwife wrote:Hi Ifemi- I don't think is advisable to sent the certificate with PAP. The PAP letter goes to a different address not to HO. The certificate can be misplaced. I understand how difficult it is to get money to pay solicitor. You might need to work it out with the solicitor and see how you can achieve same goal and pay less. Some of them do understand.Ifemi wrote:Pls kukuswife enlighten me pls is it possible to send in pap letter with my partner certificate without sending reconsideration letter. Reason is dat my application is refused without right of appeal and my solicitor will be charging me for each letter and to be honest I can't afford it.
@kukuwife, I talk to my solicitor yesterday and we talk about the reconsideration she said home office said it in d refusal that this is my first time of mentioning it to them that my partner is Liberia, dis people lied a lot, when I did my interview for asylum in 2007 I did mention it to them and tru all my fresh claim to them I did mention it. God so good they sent me a questionnaire in 2011 from Sheffield which I fill and post it back to them, so my solicitor will include it with his birth certificate. But she insisted that we should give home office 6 months for the reconsideration before sending pap if no reply.Ifemi wrote:Bless you for this reply, pls I have one more question, my partner original birth certificate was given to immigration at Leeds reporting centre back in 2011 which he ask them to give to his case worker then, but they never gave it to his caseworker and I can remember that his case worker wantto grant him then, but dis evil immigration officers in reporting centre never delivered it, after few months with argument they admitted dat he gave it to them and lied that is photocopy, he can't get another original now bcos his is uncle in America dat went to Liberia to get dat in 20011. His been to detention 2 times but the photocopy he had with him always save him bcos he always apply for bail immediately in detention with his birth certificate and judge always free him. I will send the photocopy to them for reconsideration and let them know that the original is with Leeds immigration team hopefully the bamboos there will bring the original out from their dark holes.Kukuwife wrote:Hi Ifemi- I don't think is advisable to sent the certificate with PAP. The PAP letter goes to a different address not to HO. The certificate can be misplaced. I understand how difficult it is to get money to pay solicitor. You might need to work it out with the solicitor and see how you can achieve same goal and pay less. Some of them do understand.Ifemi wrote:Pls kukuswife enlighten me pls is it possible to send in pap letter with my partner certificate without sending reconsideration letter. Reason is dat my application is refused without right of appeal and my solicitor will be charging me for each letter and to be honest I can't afford it.
Ifemi- hopefully by God grace they will get back to you before the six months. I will continue to remember you in our prayers.[/quote]Kukuwife wrote:@kukuwife, I talk to my solicitor yesterday and we talk about the reconsideration she said home office said it in d refusal that this is my first time of mentioning it to them that my partner is Liberia, dis people lied a lot, when I did my interview for asylum in 2007 I did mention it to them and tru all my fresh claim to them I did mention it. God so good they sent me a questionnaire in 2011 from Sheffield which I fill and post it back to them, so my solicitor will include it with his birth certificate. But she insisted that we should give home office 6 months for the reconsideration before sending pap if no reply.
Thks so much.
