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Advice on how i can stay in the UK

Posted: Fri Sep 05, 2014 8:33 pm
by Divinegrace
Goodevening sir/madam,
please I need help to sort out my stay in the UK, I have come too far to give up or be selfish for my children sake.
I came into the UK with my two children(Nigerian citizens) in 2009 to join my husband on his two years post study visa(after his masters here). But along the line he left us(me and the children) with no support of any kind or at least phone call, That was around 2011 ending towards 2012. being a novice about immigration matters here our visa expired with some days before the solicitors could post an application me and the children because he left my own passport at home and took the children's, I only submitted mine so the home office wrote to me January 2012 asking me to post my children's passport but I wrote to them that their father left us and took it with him. At a time luckily his number was still valid I tried communicating pleading for him to send the passport, thank God he agreed and posted it with a note for me to let him be.. then to my greatest surprise I saw a five (5) years Visa of EEA family member on my children's passport and at around that period also got a refusal letter from the home office which got me confused and down casted again.. so I went to a solicitor who made another application for me alone based on my children's visa but I guessed he made the wrong application quoting Zambrano and co as my children were not British or EU citizen that was refused in 2013, around ending 2013 I lodged in another application on the EEA derivative right but was refused February 2014-- that my children are not EU national(TRUE) and that I am not the primary carer of my children which is BIG FALSE as their father doesn't know if they wear clothes, jacket, eat or even how their voices sound since middle 2011 as my Son is now 5years this July and my daughter will be 7years this October..

they still have that EEA family member Visa to expire 2016..please help put me right as am getting confused with advise, what can I do to log in the right application to the home office?? under which law or Forms?? no advice is a waste at least to me as I will value and really do appreciate, I really do need to put in some thing there please help!!! thanks for your times and thanks a lot in advance.

Re: Advice on how i can stay in the UK

Posted: Sat Sep 06, 2014 12:30 pm
by Obie
I suggest you relax with the Visa you have, until 2016, and then you can apply under Article 8, on the basis that your children has lived here for 7 years of their life.

Re: Advice on how i can stay in the UK legally.

Posted: Sun Sep 07, 2014 8:59 pm
by Divinegrace
Thank you so much for this advice and also the direction, indeed the earths is the Lords!!
Please I just also want to clear my confusions off these points by your sincere help of advice and direction
1. Of recent in my search for directions I went on a
Paid consultation in a law firm..and the immigration solicitor told me that what we have to do is apply for retaining of residency for the children because they are separated from their father for up to 3years then after the two year I can then apply for ILR with them but that I have to separate their visa from their dads
..i asked alot of questions like"their father is not an eu national,its not a marriage does it apply to father and children as in my case??..apart from that what happens to my own application as i cant work with the childrens visa??" All these got him hanging and agitated(I needed to ask Him all these in order not to pay to repeat the same mistakes again..So please I ask will it Make any sense to apply for that in my own case above.As a friend already told me not even to think of taking/posting my children's valid visa to the home office

2) To buy time till the 2016..is there any thing/route I can lodge in any application??(I don't mind doing it myself)..
IS THERE ANY SPECIAL FORM FOR APPLYING DISCREATIONALY LEAVE TO REMAIN??..be it under Uk or EU law,while under consideration, this is basically for me to buy time and hope for a miracle tru God's mercy will...as He can work through anything.
3) Some solicitors also said I will have to pay a loan some amount of money before the can present or lodge inan application for my case and I was wondering the application form they were going to use..

Thank you so much for considering my questions..Bless you.

Re: Advice on how i can stay in the UK

Posted: Mon Sep 08, 2014 7:13 pm
by Divinegrace
Obie wrote:I suggest you relax with the Visa you have, until 2016, and then you can apply under Article 8, on the basis that your children has lived here for 7 years of their life.


Thank you so much for this advice and also the direction, indeed the earths is the Lords!!
Please I just also want to clear my confusions off these points by your sincere help of advice and direction
1. Of recent in my search for directions I went on a
Paid consultation in a law firm..and the immigration solicitor told me that what we have to do is apply for retaining of residency for the children because they are separated from their father for up to 3years then after the two year I can then apply for ILR with them but that I have to separate their visa from their dads
..i asked alot of questions like"their father is not an eu national,its not a marriage does it apply to father and children as in my case??..apart from that what happens to my own application as i cant work with the childrens visa??" All these got him hanging and agitated(I needed to ask Him all these in order not to pay to repeat the same mistakes again..So please I ask will it Make any sense to apply for that in my own case above.As a friend already told me not even to think of taking/posting my children's valid visa to the home office

2) To buy time till the 2016..is there any thing/route I can lodge in any application??(I don't mind doing it myself)..
IS THERE ANY SPECIAL FORM FOR APPLYING DISCREATIONALY LEAVE TO REMAIN??..be it under Uk or EU law,while under consideration, this is basically for me to buy time and hope for a miracle tru God's mercy will...as He can work through anything.
3) Some solicitors also said I will have to pay a loan some amount of money before the can present or lodge inan application for my case and I was wondering the application form they were going to use..

Thank you so much for considering my questions..Bless you

Re: Advice on how i can stay in the UK

Posted: Mon Sep 08, 2014 7:38 pm
by Obie
Is the residence card they issued to you not still in existence.

Re: Advice on how i can stay in the UK

Posted: Mon Sep 08, 2014 8:12 pm
by Divinegrace
Obie wrote:Is the residence card they issued to you not still in existence.

No it was never in my name..the residence cards are for my two children..and its still valid..they had my passport from the first time I applied in 2011 and moreover my passport is expired so with my children but I have renewed d their passports with the valid visa..

:cry: I don't have any residence card in my name.

Re: Advice on how i can stay in the UK

Posted: Wed Sep 10, 2014 6:05 pm
by Divinegrace
Divinegrace wrote:
Obie wrote:Is the residence card they issued to you not still in existence.

No it was never in my name..the residence cards are for my two children..and its still valid..they had my passport from the first time I applied in 2011 and moreover my passport is expired so with my children but I have renewed d their passports with the valid visa..

:cry: I don't have any residence card in my name.

Please what do I do? I really need help in this thing. any form/route at all..?