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article 8 human rights application

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sayyf
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article 8 human rights application

Post by sayyf » Fri Dec 17, 2010 8:58 pm

i met my partner who is a brittish citizen in america in 2009 while she was on holiday with her son. I was living there illegally as I fled palestine with my family when I was 14. My partner and I continied the relationship over the phone and in april this year I made the desicion to leave my family and buisness in america and enter the UK illegally to be with her. Since then I've been living with her in her house and have become a father to her son. He has no contact with his biological father an calls me 'daddy'. I have no immigration status at all and am worried that it's only a matter of time before the authorities catch up with me. I want to secure some status here so I can work and support her and my stepson. If I put in an article 8 application to stay here based on the 'right to a private life' would it be granted?

mochyn
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Post by mochyn » Sat Dec 18, 2010 9:01 am

''stepson''
Do you have any legal status with the son?

What age are you now?

sayyf
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Post by sayyf » Sat Dec 18, 2010 10:26 am

no i dont because i wouldnt be able to adopt him because im here illegaly. but we have bonded over the past 9 months, so it would be emotionally damaging for him if I were to be seperated from him. I'm 23 and he's 5.

HRY2005
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Post by HRY2005 » Sat Dec 18, 2010 1:10 pm

Have you(both of you) considered marriage at all? Like Mochyn already said, marriage will give you some legal rights to your partner and her son.
Live and let live

Tahir Bashir
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Re: article 8 human rights application

Post by Tahir Bashir » Sat Dec 18, 2010 1:50 pm

sayyf wrote:i met my partner who is a brittish citizen in america in 2009 while she was on holiday with her son. I was living there illegally as I fled palestine with my family when I was 14. My partner and I continied the relationship over the phone and in april this year I made the desicion to leave my family and buisness in america and enter the UK illegally to be with her. Since then I've been living with her in her house and have become a father to her son. He has no contact with his biological father an calls me 'daddy'. I have no immigration status at all and am worried that it's only a matter of time before the authorities catch up with me. I want to secure some status here so I can work and support her and my stepson. If I put in an article 8 application to stay here based on the 'right to a private life' would it be granted?
Much depend on your and your partner's future plans.

sayyf
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Post by sayyf » Sat Dec 18, 2010 6:47 pm

I cant marry without a certificate of approval and I doubt I'd get that as I entered illegally. And even if I did I dont think I'd make a difference. Do u know anything about article 8 and if so do you think I'd be granted it? thanks for your help

Tahir Bashir
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Post by Tahir Bashir » Sat Dec 18, 2010 7:17 pm

sayyf wrote:I cant marry without a certificate of approval and I doubt I'd get that as I entered illegally. And even if I did I dont think I'd make a difference. Do u know anything about article 8 and if so do you think I'd be granted it? thanks for your help
Art 8 application will be weak, but it can get you some standing ground. You may get married in Church of England without the need of COA.

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Casa
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Post by Casa » Sat Dec 18, 2010 8:09 pm

The latest official update is that from Spring 2011 there will be no requirement to apply for a COA. Unless you attend an Anglican church regularly, vicars are increasingly reluctant to perform a marriage ceremony without a COA. You are entitled to apply for a COA to marry even though you have no legal status, but you have to be aware that an application may well alert the authorities to your illegal residence and they could take steps to remove you before the marriage takes place.

Tahir Bashir
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Post by Tahir Bashir » Sun Dec 19, 2010 12:35 am

Casa wrote:The latest official update is that from Spring 2011 there will be no requirement to apply for a COA. Unless you attend an Anglican church regularly, vicars are increasingly reluctant to perform a marriage ceremony without a COA. You are entitled to apply for a COA to marry even though you have no legal status, but you have to be aware that an application may well alert the authorities to your illegal residence and they could take steps to remove you before the marriage takes place.
People still marry in Church of England without attending it. The preist has discretion. One is free to try it, if it doesn't work it doesn't cost anything. There is a different issue that one may not like to marry in Church or in Church of England.

mochyn
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Post by mochyn » Sun Dec 19, 2010 8:45 am

Be aware that although you may apply for the right to a family life under article 8, the Home Office may say that your right to live together can also granted in your country not only in the UK.
So that you may wait years and then get told you can live together outside the UK

yusfaith
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Post by yusfaith » Sun Dec 19, 2010 12:01 pm

have a similar question

HRY2005
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Post by HRY2005 » Sun Dec 19, 2010 3:08 pm

IMHO, a marriage to your partner would put you on a good ground for an article 8 application. Dont be surprised though, its a long route to regularisation, it's not encouraging and only if you can wait and be patient. How old is your partner's son?

You can also plan to return home and apply for a spouse visa as well, it's really your choice.
Live and let live

sayyf
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Post by sayyf » Sun Dec 19, 2010 3:25 pm

No I dont think they could expect us to have a 'family life' in my village in Palestine as my wife and 5 year old stepson dont speak any arabic and are really 'western'. plus they themselves would not be granted leave to remain in palestine by the jewish authorities and as I explained in my initual post, I was living illegally in the us for about 9 years so theres no way I could re-enter anyway never mind live there. So the only place we as a family could possibly live would be the uk. do you know long does it take to get a desicion on an article 8 application? Thanks guys for your help.

SSEF
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Post by SSEF » Sun Dec 19, 2010 9:07 pm

Technically he is not your stepson because you are not married or any kind of legal guardian to this child and technically you have only been in a relationship for 18 months (only living together for 6 months) also considering you came from one country where you were living as an illegal alien who made no attept to regulise his stay, I think the British authorities might take a dim view of this and I really dont think they will consider Article 8 in your case.

There are people who do things to the book and have a hard time so personally I think your chances are slim to none.

I also dont see why the authories in your country of birth would not consider a British citizen, there are plenty living out there.

sayyf
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Post by sayyf » Mon Dec 20, 2010 2:04 am

He may not 'technically be my stepson but as im the only man he's ever had live with him it would cause him distress to have me removed from his life. Also u DO need a palestinian id to live in palestine so there they would not be allowed to live there and how could you reasonably expect a woman and a 5 year old kid who have a job/school here and have never lived anywhere apart from a big city in the uk to emigrate to a village in a third world country where they dont spaek a word of arabic and where there's a war going on to name but a couple of resons.. Secondly I didnt come from a mud hut I left the usa where all my family are established and have a sucessfull buisness and where, as an illegal you have almost all the rights of an amercian -unlike in the uk. the only thing I want in life is to be with the woman I love, I hate britain, its a cold misrable depressing place but as I explained there is nowhere else, as a family we can possibly go. thats what I thought article 8 was for, people in my situation, if you 'did things by the book' you wouldnt have to claim article 8.

mochyn
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Post by mochyn » Mon Dec 20, 2010 9:36 am

Part of your problem may be how you entered the UK.
Can you explain how you traveled from USA where you entered illegally, left and travelled to UK and also entered illegally.

The way you did this may have significant impact on your application to apply under article 8

sayyf
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Post by sayyf » Tue Dec 21, 2010 5:43 pm

I left on a different passport than the one I originally entered on, they pay way more attention to who's entering the US than who's leaving it. My girlfriend helped me enter the UK- its a very long story.. but why would how I entered th UK effect a desicion on whether or not im entitled to a private life? I entered illegaly, why would it matter if I swam the atlantic or flew in a hot air balloon?

mochyn
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Post by mochyn » Wed Dec 22, 2010 8:42 am

You seem to have had a convoluted history and it may be better for you to consult a professional lawyer as you have only given us the bare facts.
You may be seen as perverting the course of justice and this will mean that your article 8 claim will be denied.
Your claim will be very weak as you entered from the USA where you were also illegal and you have no documented proof of relationship such as marriage certicate.
Tell a lawyer the whole story and go from there

NT1234
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Post by NT1234 » Wed Dec 22, 2010 9:31 am

Very good advice OP Mochyn.

Unless the full facts are given its imporrisble to assist - and i suspect the OP does not want to provide the full detail of his case which is understandable.

OP you will need to seek professional advice on your case. Find out all the options available to you, and not just rely on article 8 (right to private life), i think your case is very weak in this regards.

sayyf
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Post by sayyf » Wed Dec 22, 2010 9:06 pm

ok i should go make an appointment with a lawyer i guess. thank you guys for your help.

mochyn
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Post by mochyn » Thu Dec 23, 2010 9:42 am

Would you mind to post your experience so we may be able to help others who may find themselves in this situation

sayyf
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Post by sayyf » Thu Dec 23, 2010 9:57 am

no problem mochyn, i'm goin to see a lawyer after new year and hopefully put in an article 8 application so i'll let y'all know what happens. thanks again

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