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article 8 human right
Posted: Fri Nov 26, 2010 11:12 am
by olujay25
Hia,
Just wants to find out what my chance of success on article 8 of the human right,I appeal against my retention right from EEA but the judge said she is reserving her judgment that i will hear from her in the next two weeks but in the appeal I did mention about my kids with British citizen who we have been together for 3 years and have 3 children age range from 2years old and 14 weeks old twins. Partner never lived outside the area she was born in. We are both in employment. Do I have a chance of success on article 8. I have been here since 1998,illegally till 2004.
I am asking this cos i think the EEA application lacks enough evidence
Re: article 8 human right
Posted: Fri Nov 26, 2010 1:36 pm
by Brown212
olujay25 wrote:Hia,
Just wants to find out what my chance of success on article 8 of the human right,I appeal against my retention right from EEA but the judge said she is reserving her judgment that i will hear from her in the next two weeks but in the appeal I did mention about my kids with British citizen who we have been together for 3 years and have 3 children age range from 2years old and 14 weeks old twins. Partner never lived outside the area she was born in. We are both in employment. Do I have a chance of success on article 8. I have been here since 1998,illegally till 2004.
I am asking this cos i think the EEA application lacks enough evidence
I think it should add a significance weight to your appeal due to some recent cases by the upper tribunal stating the right of children should be a primary consideration in immigration cases. Good luck.
Posted: Fri Nov 26, 2010 6:12 pm
by olujay25
Thank you
Posted: Mon Feb 28, 2011 4:25 am
by Morrisj
Just hope the Judges In UK are not like some strict ones in Ireland,I bet the HO or whoever is dealing with your case will have to argue in the court that there is no insurmountable obstacle relocating with your family to ur country of origin which can never be done if u r using the Eu law.
I have been there and because of the situation i got familiar with the National law of Ireland and Eu Law,so i think they actually made my eyes open.
You have a chance of a successful outcome because the Right of your family should be weighed in terms of proportionality against the legitimate aim/immigration rules of the member state u r currently residing.
One last advise if there is still room to give your counsel or whoever is representing you in court,then make sure u provide reasons why u and your family cant relocate.
I just hope they r not like Ireland anyways but i heard the Irish are copying Immigration policy from the UK
Good luck anyways and never forget to pray,trust me it works if u have faith.
Posted: Mon Feb 28, 2011 9:14 am
by mimine30
what nationalite areyou from
are you still livingwith your british wife
why did u choose EEA route consedering your wife is british,
what statut have you been granted in 2004?
maybe iam missing somthing
but if you do clarifie this points i would be happy to help,because i was in similiar situation
looking forward hearing from u