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urgent help needed.fresh application or judicial review

General UK immigration & work permits; don't post job search or family related topics!

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joseph78
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urgent help needed.fresh application or judicial review

Post by joseph78 » Thu Jan 21, 2016 5:58 pm

I applied for fresh claim in november 2015 based on private life but it was refused on Jan 2016.previously i had applied asylum on 2009 which was refused and i exhausted all the appeals.been reporting since then twice a week.i have a son 3yrs old with my ex gf and i did fresh claim based on my son.my ex gf has ILR so is my son.
I also mentioned im in a relationship and my partner is expecting a baby in later this year.
my ex gf send letters and her biometric to home office proof i been playing active role in my childs upbringing.my partner also send her bank statement wageslip and letter stating we live together.we been together 2yrs.
the home office refused application and appeal rights given .i dont have solicitor i cant afford one .is it possible to apply judicial review on your own?can i do another fresh claim?
please help
Thanks

uchida
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Re: urgent help needed.fresh application or judicial review

Post by uchida » Thu Jan 21, 2016 9:54 pm

hi,
What did you apply for? what form did you fill for application? follow the link https://www.gov.uk/government/uploads/s ... t_2015.pdf
was that the application you made? FLR(fl)

joseph78
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Re: urgent help needed.fresh application or judicial review

Post by joseph78 » Fri Jan 22, 2016 6:10 pm

I did not fill any form.i just had letter from solicitor saying im
claiming fresh claim as there is new evidence to submit a claim.then i provided the ducuments i could find and took it to liverpool.they refused on ground that i dont have regular contact with my son and my current relationship is not guinine.mind u my partner is expecting my baby in july and shes british national

Gunner
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Re: urgent help needed.fresh application or judicial review

Post by Gunner » Thu Feb 18, 2016 12:38 pm

Hello there me and you are in a similar position , can you tell me what to do I have exhausted all my appeal rights.

Obie
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Re: urgent help needed.fresh application or judicial review

Post by Obie » Thu Feb 18, 2016 10:22 pm

joseph78 wrote:I did not fill any form.i just had letter from solicitor saying im
claiming fresh claim as there is new evidence to submit a claim.then i provided the ducuments i could find and took it to liverpool.they refused on ground that i dont have regular contact with my son and my current relationship is not guinine.mind u my partner is expecting my baby in july and shes british national
Is the 3 years old a British, and is there a formal contact or child arrangement order in place .
Smooth seas do not make skilful sailors

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Casa
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Re: urgent help needed.fresh application or judicial review

Post by Casa » Thu Feb 18, 2016 10:26 pm

Obie wrote:
joseph78 wrote:I did not fill any form.i just had letter from solicitor saying im
claiming fresh claim as there is new evidence to submit a claim.then i provided the ducuments i could find and took it to liverpool.they refused on ground that i dont have regular contact with my son and my current relationship is not guinine.mind u my partner is expecting my baby in july and shes british national
Is the 3 years old a British, and is there a formal contact or child arrangement order in place .
Obie, it appears the son is not British. The OP says my "ex gf has ILR so is my son."
(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.

Obie
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Re: urgent help needed.fresh application or judicial review

Post by Obie » Thu Feb 18, 2016 11:13 pm

Well the child having ILR , may not necessarily mean that the child is not now British or is entitled to register as such, or such registration has been done.

You will be amazed Casa the number of people whose children are British but are not aware of it.

joseph78
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Re: urgent help needed.fresh application or judicial review

Post by joseph78 » Fri Feb 19, 2016 8:42 am

My son is not registered as british though the time he was born my ex gf already had been granted ILR. Im not sure how achild is registered british i thought a child can only be british if either the mother of father is british national.plz enlighten as im still in limbo dunno what to do

joseph78
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Re: urgent help needed.fresh application or judicial review

Post by joseph78 » Fri Feb 19, 2016 8:46 am

Obie wrote:Well the child having ILR , may not necessarily mean that the child is not now British or is entitled to register as such, or such registration has been done.

You will be amazed Casa the number of people whose children are British but are not aware of it.
Yes i have regular contact with my son.i do have all the train/bus tickets since he was born.

Obie
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Re: urgent help needed.fresh application or judicial review

Post by Obie » Fri Feb 19, 2016 10:48 am

Where was your son born?
Smooth seas do not make skilful sailors

joseph78
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Re: urgent help needed.fresh application or judicial review

Post by joseph78 » Fri Feb 19, 2016 5:44 pm

Hi obie
my son was born in middlesex hospital in london

Obie
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Re: urgent help needed.fresh application or judicial review

Post by Obie » Fri Feb 19, 2016 5:52 pm

Then he appears to be British, if he was born after the mother acquire ILR, and therefore you will need a formal arrangement with the mother or a court order confirming your right to have contact with him, and then you may fall within the ambit of the rules.
Smooth seas do not make skilful sailors

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Casa
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Re: urgent help needed.fresh application or judicial review

Post by Casa » Fri Feb 19, 2016 6:38 pm

Obie as the child was born in the UK before the mother had ILR won't they need to register as BC if they haven't done so already? i.e They're not automatically British.
(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.

cs95tdg
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Re: urgent help needed.fresh application or judicial review

Post by cs95tdg » Fri Feb 19, 2016 7:10 pm

Casa wrote:Obie as the child was born in the UK before the mother had ILR won't they need to register as BC if they haven't done so already? i.e They're not automatically British.
Based the OP's previous post he appears to be saying that the mother had already been granted ILR at the time of the child's birth. Would the child not be British by birth in that case?
joseph78 wrote:My son is not registered as british though the time he was born my ex gf already had been granted ILR. Im not sure how achild is registered british i thought a child can only be british if either the mother of father is british national.plz enlighten as im still in limbo dunno what to do

Obie
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Re: urgent help needed.fresh application or judicial review

Post by Obie » Fri Feb 19, 2016 7:33 pm

That is my view. The child was born after mother had acquired ILR .

Sorry for any confusion my post may have caused.
Smooth seas do not make skilful sailors

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Casa
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Re: urgent help needed.fresh application or judicial review

Post by Casa » Fri Feb 19, 2016 7:35 pm

You're absolutely right. I can now see that the OP wrote "the time he was born my ex gf already had been granted ILR", but I only picked up on Obie's
comment "Then he appears to be British, if he was born before the mother acquire ILR,"
Easy to confuse me at the end of a long day. :?

Edit: Obie beat me to it. :wink:
(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.

cs95tdg
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Re: urgent help needed.fresh application or judicial review

Post by cs95tdg » Fri Feb 19, 2016 7:47 pm

I only just noticed the 'before' in Obie's comment now, so see what you mean. Easily done. End of a long day, but hopefully a relaxing weekend ahead :)

joseph78
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Re: urgent help needed.fresh application or judicial review

Post by joseph78 » Fri Feb 19, 2016 8:06 pm

Obie
how do we register my son as british.is it supposed to be stated on his birth certificate or we need to apply to home office?
Thanks guys for your contribution

Obie
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Re: urgent help needed.fresh application or judicial review

Post by Obie » Fri Feb 19, 2016 8:24 pm

Casa wrote:You're absolutely right. I can now see that the OP wrote "the time he was born my ex gf already had been granted ILR", but I only picked up on Obie's
comment "Then he appears to be British, if he was born before the mother acquire ILR,"
Easy to confuse me at the end of a long day. :?

Edit: Obie beat me to it. :wink:
You are right. I was typing the opposite of what I had intended.

But thankfully it was not an entirely futile I will hope, as OP may have learnt something new from this thread.
Smooth seas do not make skilful sailors

Obie
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Re: urgent help needed.fresh application or judicial review

Post by Obie » Fri Feb 19, 2016 8:27 pm

joseph78 wrote:Obie
how do we register my son as british.is it supposed to be stated on his birth certificate or we need to apply to home office?
Thanks guys for your contribution
As the child is British , it may not be necessary to register him.
Smooth seas do not make skilful sailors

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