ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

article 8 for private and family life

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
mononabs
Newly Registered
Posts: 8
Joined: Thu Apr 30, 2015 1:09 pm

article 8 for private and family life

Post by mononabs » Thu Apr 30, 2015 1:28 pm

hi everyone i need advice in regards to my case. i will give a summary of where my case stand with the home office.

i came to this country in 2006 as a student n i have need be illegal and my last visa was a post study work which expired on 18 jan 2014. I apply for the article 8 for family and private life because i have a 3 year son born in 2011 and the grandmother is a British.

my application was rejected 3 week after i was give an appeal to the lower tribunal which was dismissed in sept 2014, i then re appeal to the upper tribunal in feb 2015 for am error on the law and in march 2015 was dismissed. i have not heard from the home yet.

my lawyer advice if my son grandmother can see a family solicitor and maybe we might have an option available to put in a new application.

can someone please advice of anything or option that might be available for my case.

thank you
mono

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: article 8 for private and family life

Post by Zee ali » Thu Apr 30, 2015 2:09 pm

mononabs wrote:hi everyone i need advice in regards to my case. i will give a summary of where my case stand with the home office.

i came to this country in 2006 as a student n i have need be illegal and my last visa was a post study work which expired on 18 jan 2014. I apply for the article 8 for family and private life because i have a 3 year son born in 2011 and the grandmother is a British.

my application was rejected 3 week after i was give an appeal to the lower tribunal which was dismissed in sept 2014, i then re appeal to the upper tribunal in feb 2015 for am error on the law and in march 2015 was dismissed. i have not heard from the home yet.

my lawyer advice if my son grandmother can see a family solicitor and maybe we might have an option available to put in a new application.

can someone please advice of anything or option that might be available for my case.

thank you
mono
Difficult until child turn 7 years. Even After it is not easy to get visa on 7 years child basis
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

mononabs
Newly Registered
Posts: 8
Joined: Thu Apr 30, 2015 1:09 pm

Re: article 8 for private and family life

Post by mononabs » Thu Apr 30, 2015 2:19 pm

thank you Zee Ali

i did not apply for thr 7 yrs route but i apply for private and family life under article 8

User avatar
CR001
Moderator
Posts: 88953
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: article 8 for private and family life

Post by CR001 » Thu Apr 30, 2015 3:08 pm

You mention the grandmother is British.

What is the nationality of the child??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

mononabs
Newly Registered
Posts: 8
Joined: Thu Apr 30, 2015 1:09 pm

Re: article 8 for private and family life

Post by mononabs » Thu Apr 30, 2015 6:04 pm

HiCR001
thank u
He has no immigration status because i was only three month pregnant when i apply PSW visa so got it jan 2012 He was born 2011.
He will have stay wat ever decision i got. Which stand now my last appeal is rejected.
i just want to know see the grandmother is british and is taking benefit on behalf of him. She can do something to prevent them from removing both of us.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: article 8 for private and family life

Post by Obie » Thu Apr 30, 2015 7:05 pm

I see where CR001's question is coming from.

If the Child's Grand mother is British, then how did she acquire her citizenship, and is the father of the child not British?
Smooth seas do not make skilful sailors

mononabs
Newly Registered
Posts: 8
Joined: Thu Apr 30, 2015 1:09 pm

Re: article 8 for private and family life

Post by mononabs » Thu Apr 30, 2015 7:17 pm

Thanks Obie
The grandmother was from sierra leone but the father has no stay cus he was an adult went he came over.
We have no contact so the grandmother wants to make sure he has contact with his only grandson.
my case was base on the relationship between the grandmother and my son. The home office are refusing to recognise the family life n that is my refusal ground.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: article 8 for private and family life

Post by Wanderer » Thu Apr 30, 2015 8:15 pm

mononabs wrote: i just want to know see the grandmother is british and is taking benefit on behalf of him. She can do something to prevent them from removing both of us.
Child benefit? And the child is not British?
An chéad stad eile Stáisiún Uí Chonghaile....

User avatar
CR001
Moderator
Posts: 88953
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: article 8 for private and family life

Post by CR001 » Thu Apr 30, 2015 8:48 pm

Wanderer wrote:
mononabs wrote: i just want to know see the grandmother is british and is taking benefit on behalf of him. She can do something to prevent them from removing both of us.
Child benefit? And the child is not British?
The child does not have to be British for a parent or family member in the household to claim child benefit.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: article 8 for private and family life

Post by Wanderer » Thu Apr 30, 2015 8:51 pm

CR001 wrote:
Wanderer wrote:
mononabs wrote: i just want to know see the grandmother is british and is taking benefit on behalf of him. She can do something to prevent them from removing both of us.
Child benefit? And the child is not British?
The child does not have to be British for a parent or family member in the household to claim child benefit.
Yes! Otherwise EU citz. couldn't! I knew that!

But doesn't either one parent/guardian have to be or have ILR? Is the GM a legal guardian?
An chéad stad eile Stáisiún Uí Chonghaile....

User avatar
CR001
Moderator
Posts: 88953
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: article 8 for private and family life

Post by CR001 » Thu Apr 30, 2015 8:56 pm

Wanderer wrote:Yes! Otherwise EU citz. couldn't! I knew that!

But doesn't either one parent/guardian have to be or have ILR? Is the GM a legal guardian?
GM is British so entitled to claim provided no one else is claiming for the child and I would assume the OP and child live with the GM, it is not clear from the posts.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

mononabs
Newly Registered
Posts: 8
Joined: Thu Apr 30, 2015 1:09 pm

Re: article 8 for private and family life

Post by mononabs » Thu Apr 30, 2015 9:00 pm

Thank u everyone for the reply
Is there any option i can apply to enable me have a visa. I will be 10 yrs in the uk in Jan 2017. If i dont have a legal stay that would affect my long time residency. I alway be legal for pass 9 yrs.
i just need advice on what step to take. U effort is appreciated.

mononabs
Newly Registered
Posts: 8
Joined: Thu Apr 30, 2015 1:09 pm

Re: article 8 for private and family life

Post by mononabs » Thu Apr 30, 2015 9:04 pm

Thanks char
No he live with me and i am the legal guardian.
The GM is taking benefit because am not entitle.
u mean she has to be a legal guidance. How does that work.

mononabs
Newly Registered
Posts: 8
Joined: Thu Apr 30, 2015 1:09 pm

Re: article 8 for private and family life

Post by mononabs » Thu Apr 30, 2015 9:07 pm

Char i live in wales with my son and the GM live in london.

If GM is the legal guidance she can be abLe to apply for a stay for GS.
what option are available for legal guidance. Thank u So much

mononabs
Newly Registered
Posts: 8
Joined: Thu Apr 30, 2015 1:09 pm

Re: article 8 for private and family life

Post by mononabs » Sat May 02, 2015 10:44 am

Hi everyone i really need advice and its urgent. Can someone help, most apprecaite. Thanks for ur effort.

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: article 8 for private and family life

Post by physicskate » Sat May 02, 2015 12:08 pm

mononabs wrote:Hi everyone i really need advice and its urgent. Can someone help, most apprecaite. Thanks for ur effort.

If you are arguing for family life with a relative that lives many hours away, my humble opinion is that this is a very tenuous link! What citizenship does the child have, because surely they would inherit yours and possibly the father's?

Also, even though the grandmother has a distant link to this child (because you live many hours away), she is allowed to claim CB?? Does that seem wrong to anyone else????

Locked