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sidney79
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Post by sidney79 » Sat Feb 11, 2012 8:32 pm

I made a application last year for discretionary leave to remain but unfortunately this was turned down. Now as i didn’t have any legal stay, i was advised i cannot appeal this decision. My lawyer told me that best option i have is to write to the Home office and ask them to service deportation order so i can appeal it. What i needed to know is there anyone who being in same situation and if anyone could advise me on other things i could do

Any advice will be greatly appreciated

regards

Sidney

Greenie
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Post by Greenie » Sat Feb 11, 2012 8:36 pm

I am sure the solicitor means serve you with a decision to remove you, not a deportation order (deportation orders are for those who have commited criminal offences).

On what basis did you apply for discretionary leave?

IMMIGRATION LAWYER
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Post by IMMIGRATION LAWYER » Mon Feb 13, 2012 7:56 pm

+1

To get a deport order you must have been sentenced for 12 or more moths.

It must have been a removal order.

Why your lawyer cannot assist you with that ?

Obie
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Post by Obie » Wed Feb 15, 2012 1:42 pm

It is be strange for a competent lawyer to get those two terms, which are not interchangeable wrong. I suspect it may have been a mishearing on OP's part. But nothing surprises me these days.

On what basis did you apply for DLR, and what where the reasons for refusal?

There is unfortunately no obligation on the HO to issue you a Removal direction.

Are there children? what are their nationalities?
Smooth seas do not make skilful sailors

sidney79
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Post by sidney79 » Fri Feb 24, 2012 10:44 am

Thanks for your reply you are correct it is a removal notice. I am the one who got it wrong. I applied based on right of family life. My parents, younger brother and 2 sisters have all been awarded British citizenship so my application was based on them. I argued that all may family was now settled here and as i left Zimbabwe when was 19 i have nothing to go back to. They refused it saying that our bond was not strong enough and for some reason they thing i do not live with them
But now my situation has changed. I found out last week that my English girlfriend is 2 months pregenant.

Any ideas what i can do..

thanks in advance

peppekalle
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Post by peppekalle » Fri Feb 24, 2012 2:36 pm

What have you done for the period you have been in England?How long have you been here for?Have you always lived with your family?You may have established a private life talk to your solicitor.

Can i suggest you don't put to much hope on your girlfriends pregnancy.People have been sent back with children.

Wait for the removal notice and appeal hopefully your solicitor might have established good grounds for article 8 .

sidney79
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Post by sidney79 » Sat Feb 25, 2012 2:41 am

Thanks for your your reply. Its grealty appreciated. Well i have been in the UK for 13 yrs now. Be 14 years this September Yes i have always lived with my family. I came here in 1998 as a student and extended my visa untill 2002 when my application was denyed. I have been reporting since 2004. In regards to private life.. I would say my partner is just that. My lawyer says best to wait for the removal order but i was just looking for a second opioin and wondering if anyone out there being through the same thing

peppekalle
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Post by peppekalle » Sat Feb 25, 2012 11:00 am

UKBA know if they issue you with removal decision you will probably appeal and win.In my opinion that is why they are in no hurry to issue you with one.

Check this out http://www.freemovement.org.uk/2011/02/ ... or-appeal/.

Can i suggest you trust your lawyer 100% if you can't try and find someone else who you can trust.

sidney79
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Post by sidney79 » Sat Feb 25, 2012 5:21 pm

peppekalle wrote:UKBA know if they issue you with removal decision you will probably appeal and win.In my opinion that is why they are in no hurry to issue you with one.

Check this out http://www.freemovement.org.uk/2011/02/ ... or-appeal/.

Can i suggest you trust your lawyer 100% if you can't try and find someone else who you can trust.
Thanks for the link. Found it very interesting reading.I guess all can do at the moment is wait and see if they do issue the decision. On the other hand i will have been here for 14 years in September so will see what comes first.

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