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refused leave to remain

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

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kipkip
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Posts: 83
Joined: Mon Mar 16, 2009 1:11 pm

refused leave to remain

Post by kipkip » Sun Jan 17, 2010 5:10 pm

I came here illigally and stay for 4 year before i got an english partner who we have a child with. i applied leave to remain but they refused, the have told me to go back to tanzania to apply there, my partner is expecting second child, and this pple have given me two weeks to start making arrangement or they remove me by force, can anybody advice me what to do next? will they understand and give me time my partner give birth? If i go home before my partner give birth on may, will they clear me to come back and be with my partner on delivery.

Plum70
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Joined: Thu May 22, 2008 11:07 am

Post by Plum70 » Sun Jan 17, 2010 6:27 pm

Provided that you leave the UK voluntarily using your own funds you should be able to apply for a UK spouse visa from Tanzania without being subject to a ban.

There is no guarantee that if you leave now and apply for a spouse visa from TZ that your application will be approved and visa granted before May. Still you are better off returning home and applying instead of risking being deported. An in-country application will most definitely fail unless there are other compassionate circumstances surrounding why you cannot return to your country of origin (other than your wife being due to give birth in May).

segzeybaba
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Posts: 8
Joined: Fri Aug 28, 2009 8:57 pm

Post by segzeybaba » Sun Jan 17, 2010 7:12 pm

what are the refusal reasons?
dont you have a right of appeal, can be worth appealing based on article 8 right to family life. but if you return voluntarily, you can apply for spouse visa straight away.
goodluck with that anyways

mochyn
Diamond Member
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Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Sun Jan 17, 2010 7:50 pm

Best thing to do is sort out all the documentation you need for your visa and return home but although you say partner, are you in fact married?
If married apply for spousal visa if not apply for an unmarried visa.
If you return voluntarily you will not be banned but if you are forcibly removed you will have a 10 year ban.
The sooner you go the sooner you return.

Do not rely on article 8 as a refusal will harm your chances irrevocably as the Home Office are aware of your situation and are likely to say that your right to Family life can be enjoyed in your country

kipkip
Junior Member
Posts: 83
Joined: Mon Mar 16, 2009 1:11 pm

Post by kipkip » Sun Jan 17, 2010 11:57 pm

could anybody know what time do they give somebody who is willing to go home voluntary and could they allow me to stay untill my wife give birth and then i go to apply

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Mon Jan 18, 2010 12:15 am

I don't think they will let you stay for the birth afer having told you to start getting ready in two weeks time.
If they forcibly remove you, you will have very big problems

kipkip
Junior Member
Posts: 83
Joined: Mon Mar 16, 2009 1:11 pm

Post by kipkip » Tue Jan 19, 2010 11:39 am

hi if i make judicial review with the case do you think it will help

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