ILR REFUSAL, COULD YOU PLEASE HELP URGENTLY!!?

[Twin]

Hello all,

Hope you're all well. You probably don't remember me but a lot of you were so helpful on my http://www.immigrationboards.com/viewtopic.php?t=16892 thread that I thought to update you and also seek your advise.

Well...I have been refused ILR based on me not qualifying for the long term residence, on my child being only 6 and therefore able adapt to my country of origin if she returns with me. They claim that as 15 years of my formative years were spent in the country of origin, I will be able to adapt. They say I have no other ties aside my daughter in the UK.

They say I haven't shown that I suffered inhumane treatment from my husband (no evidence) and on...and on...

Please I need your help. What should I do? Do I stand a good chance to appeal?

[douces]

go and apeal trust me you will win get a lot of evidence that your daughter attend school trust in god he will help you

[douces]

how long you r in the uk

[Twin]

go and apeal trust me you will win get a lot of evidence that your daughter attend school trust in god he will help you

Douces, thanks so much for your support. I am glad you didn't have to go through this. I guess I wouldn't if my husband had produced the docs asked for but eh! here I am now. The question is how to move on and what other alternatives are available to me.

I wonder if Jeff and the others who were so helpful are still around...?

Thanks douces.

[Twin]

how long you r in the uk

I've been in the UK for a total of 13years now but I understand that I will not be qualified for the 14 year rule as the clock has been stopped when a decision was reached on this. I wonder if that means that I would have to spend another 14 years to qualify.

I am perplexed..

[VictoriaS]

Do you have the right of appeal?

What are the terms of the alleged break in residence?

Victoria

[jimquk]

Don't give up hope! You can probably appeal - I think it would be best with professional advice. You will most likely find the courts more sympathetic than the Home Office, who generally seem to feel that it is their job to torture people as much as possible. You might also consider approaching your MP.

Sometimes we imagine that the Home Office have the power of God over us, but reality shows that this is not so. Good luck.

[Twin]

Do you have the right of appeal?

What are the terms of the alleged break in residence?

Victoria

Sorry Victoria, I don't understand your question: break in residence?

I do have a right of appeal but it doesn't seem that I have much grounds. I thought the application was made based on dp3 only to find out it was on long residence and compassionate grounds. The home office has considered article 8, dp5 and other compassionate grounds and feel that I do not qualify.

I have been made to know that the court are only there to uphold the law to make sure the HO decided within the law which it appears that they have. Now, how can I appeal on compassionate grounds when it is not even accepted in the courts?

Please advise me.

[Twin]

Don't give up hope! You can probably appeal - I think it would be best with professional advice. You will most likely find the courts more sympathetic than the Home Office, who generally seem to feel that it is their job to torture people as much as possible. You might also consider approaching your MP.

Sometimes we imagine that the Home Office have the power of God over us, but reality shows that this is not so. Good luck.

Yeah, I plan to appeal but don't know how to go about it. I am not happy with my lawyer and he' not very forthcoming.

[VictoriaS]

Sorry Victoria, I don't understand your question: break in residence?

I do have a right of appeal but it doesn't seem that I have much grounds. I thought the application was made based on dp3 only to find out it was on long residence and compassionate grounds. The home office has considered article 8, dp5 and other compassionate grounds and feel that I do not qualify.

I have been made to know that the court are only there to uphold the law to make sure the HO decided within the law which it appears that they have. Now, how can I appeal on compassionate grounds when it is not even accepted in the courts?

Please advise me.

Sorry, I misunderstood, I thought this was a long residence application.

I have now read the basis of your claim, and I would be very interested in the reason why they have rules out Articel 8 and DP5. If you wanted to post the refusal notice, or e-mail it to me, I'd be happy to give you my thoughts.

Victoria

[Twin]

Sorry Victoria, I don't understand your question: break in residence?

I do have a right of appeal but it doesn't seem that I have much grounds. I thought the application was made based on dp3 only to find out it was on long residence and compassionate grounds. The home office has considered article 8, dp5 and other compassionate grounds and feel that I do not qualify.

I have been made to know that the court are only there to uphold the law to make sure the HO decided within the law which it appears that they have. Now, how can I appeal on compassionate grounds when it is not even accepted in the courts?

Please advise me.

Sorry, I misunderstood, I thought this was a long residence application.

I have now read the basis of your claim, and I would be very interested in the reason why they have rules out Articel 8 and DP5. If you wanted to post the refusal notice, or e-mail it to me, I'd be happy to give you my thoughts.

Victoria

Thanks, Victoria for your response. If you can please give me your e-mail address, I will forward your the decision this instant. Thanks once again.

[VictoriaS]

victoria.sharkey@medivisas.com

[OL7MAX]

I wonder if that means that I would have to spend another 14 years to qualify.

No, unfortunately for you. If you had NOT applied, if you had waited for the 14 years to complete before putting an application in you'd have been in a better position, I believe. I don't know if your lawyer advised you correctly on this.

Don't bank on "compassion". That's flaky, desperate and lacks the legal backing to solve your problem. Research your position, find loopholes or technicalities, find grounds to delay till your daughter is past seven, persist in nibbling at the problem.

[Twin]

I wonder if that means that I would have to spend another 14 years to qualify.

No, unfortunately for you. If you had NOT applied, if you had waited for the 14 years to complete before putting an application in you'd have been in a better position, I believe. I don't know if your lawyer advised you correctly on this.

Don't bank on "compassion". That's flaky, desperate and lacks the legal backing to solve your problem. Research your position, find loopholes or technicalities, find grounds to delay till your daughter is past seven, persist in nibbling at the problem.

Hmm...that's a point. Thanks Ol7max. As I understand it now, I will no longer qualify for the 14 year rule as the clock stopped once this case was decided. So, no go area.

The problem is, I don't know how to delay till my daughter turns 7 and as my daughter is a British citizen, i've been told it's not as strong as if she wasn't.

Really, I don't know where to go from here.

[OL7MAX]

An appeal drags things out a bit.

Then if your daughter has a medical condition that requires a doctor to monitor her for a few months, that drags things out as well. Don't "invent" a condition but surely there's something about your daughter's last flu attack that your local GP could agree warrants some further tests.

Does your daughter have a passport? If not, then that's something you should be applying for. You won't intentionally send photographs that are ever so slightly outside of the tight guidelines but if you do and there's some correspondence back and forth you can't really leave the country without your daughter, can you? You have to apply for a visa for your daughter to take her back. With some High Coms you can't get a visa unless you pay a little bribe. Don't pay it! Hmm, it's a shame you have to appeal by snail mail on the visa issue, isn't it?

For goodness sake, don't lose your own passport as you'll have to file a police complaint and wait forever for your "home" country to issue you a new one.

There are many ways of legally delaying things for a few months if you get a shot at a fresh application when she's seven. But there are so many hurdles to leaving the country that even if you tried really hard you probably couldn't leave in next few months!

[Twin]

An appeal drags things out a bit.

Then if your daughter has a medical condition that requires a doctor to monitor her for a few months, that drags things out as well. Don't "invent" a condition but surely there's something about your daughter's last flu attack that your local GP could agree warrants some further tests.

Does your daughter have a passport? If not, then that's something you should be applying for. You won't intentionally send photographs that are ever so slightly outside of the tight guidelines but if you do and there's some correspondence back and forth you can't really leave the country without your daughter, can you? You have to apply for a visa for your daughter to take her back. With some High Coms you can't get a visa unless you pay a little bribe. Don't pay it! Hmm, it's a shame you have to appeal by snail mail on the visa issue, isn't it?

For goodness sake, don't lose your own passport as you'll have to file a police complaint and wait forever for your "home" country to issue you a new one.

There are many ways of legally delaying things for a few months if you get a shot at a fresh application when she's seven. But there are so many hurdles to leaving the country that even if you tried really hard you probably couldn't leave in next few months!

Thanks OL7max, you've been very helpful but I pray for the strength to go through this.

[tasha75]

Does your daughter have a passport? .... if you do and there's some correspondence back and forth you can't really leave the country without your daughter, can you?
For goodness sake, don't lose your own passport as you'll have to file a police complaint and wait forever for your "home" country to issue you a new one.

I've been told by my solicitor that it doesn't matter if you have or don't have a passport as the Home Office will arrange everything (travel documents) with the relevant embassy. The child may also have a mum's nationality, so her travel arrangements will also be made without her having a British passport.

[Twin]

Does your daughter have a passport? .... if you do and there's some correspondence back and forth you can't really leave the country without your daughter, can you?
For goodness sake, don't lose your own passport as you'll have to file a police complaint and wait forever for your "home" country to issue you a new one.

I've been told by my solicitor that it doesn't matter if you have or don't have a passport as the Home Office will arrange everything (travel documents) with the relevant embassy. The child may also have a mum's nationality, so her travel arrangements will also be made without her having a British passport.

Tasha, you've been through an appeal before. Do you think the judge looks at compassionate circumstance or is it just about the law?

[tasha75]

There are many ways of legally delaying things for a few months if you get a shot at a fresh application when she's seven!

If you are talking about a seven year rule, then there is also no guarantee of a success. I was in a similar situation (both children born here), and my 7 year concession application was still refused on the grounds of my poor immigration history. I have a feeling that they will also view Twin's 10+ years overstay as a poor immig. history.

[tasha75]

Tasha, you've been through an appeal before. Do you think the judge looks at compassionate circumstance or is it just about the law?

They look at both, but as another poster has said they seems to be more human than the Home Office. I, like you, don't have anyone in my home country, I am the only child, my mum past away last year and my dad has been twice remarried since their divorce 15 years. It all didn't matter to the Home office, whereas the judge looked at this compassionately.

[tasha75]

I don't know where to turn. Can you tell me a little about your experience in court please? Do I need a representative? Do I get to talk or it would be the barrister who does most of the talking? what do they regard as compassionate grounds?

My hearing was postponed twice, first time the day before the hearing, the second time 5 minutes into the hearing. I was so worried sick for 2 months that when my date has finally arrived I couldn't care less.
Yes, you will have to answer some questions ( I was mainly asked why I cannot return home, and about the relationship between my partner, me and the children) but the barrister did the most talking and arguing about the legal stuff. I know Jeff represneted himself, but even after reading about different cases, immigration rules etc. I still could not have argued so well as the barrister. (Jeff, I take my hat off).
Twin, if you are on low income you could you IAS solicitors to represent you case (they are free). I don't know which part of UK you are, but they have many branches (I used the one in London). My solicitor was quite proactive and advised me on different options. They usually have a drop in session (1-2 days a week) . If you decide to use them I would advise to go there ASAP and early in the morning, as there are quite a few people every time.
http://www.iasuk.org/

[Twin]

I don't know where to turn. Can you tell me a little about your experience in court please? Do I need a representative? Do I get to talk or it would be the barrister who does most of the talking? what do they regard as compassionate grounds?

My hearing was postponed twice, first time the day before the hearing, the second time 5 minutes into the hearing. I was so worried sick for 2 months that when my date has finally arrived I couldn't care less.
Yes, you will have to answer some questions ( I was mainly asked why I cannot return home, and about the relationship between my partner, me and the children) but the barrister did the most talking and arguing about the legal stuff. I know Jeff represneted himself, but even after reading about different cases, immigration rules etc. I still could not have argued so well as the barrister. (Jeff, I take my hat off).
Twin, if you are on low income you could you IAS solicitors to represent you case (they are free). I don't know which part of UK you are, but they have many branches (I used the one in London). My solicitor was quite proactive and advised me on different options. They usually have a drop in session (1-2 days a week) . If you decide to use them I would advise to go there ASAP and early in the morning, as there are quite a few people every time.
http://www.iasuk.org/

Thank you very much. It's good to know someone else has been there and that there is hope but right now, I just find it hard to hope. I am distraught!

I am not on low income but certainly don't want to use my solicitor, he is useless! Thanks Tasha.

[tasha75]

I am not sure that admitting he does some things for my daughter sometimes would help my case as they might ask that I return to my home country and apply as a spouse which he definitely will not show up for as he's with another woman now.

I don't think you could be asked to go to your country and apply as a spouse, because although you are still married, you are not together any more. The reason I was asking about the father's interest in a child is to see if you could possibly appeal on the article 8 - splitting father-child relationship. Have you tried to speak to your husband? Is he not interested in what happens to his child and that if he doesn't cooperate for your child sake, he may never see her again?

[Twin]

I am not sure that admitting he does some things for my daughter sometimes would help my case as they might ask that I return to my home country and apply as a spouse which he definitely will not show up for as he's with another woman now.

I don't think you could be asked to go to your country and apply as a spouse, because although you are still married, you are not together any more. The reason I was asking about the father's interest in a child is to see if you could possibly appeal on the article 8 - splitting father-child relationship. Have you tried to speak to your husband? Is he not interested in what happens to his child and that if he doesn't cooperate for your child sake, he may never see her again?

Yeah, I spoke to another lawyer who said we could appeal on article 8 but even so, my husband would not show up at the appeal like yours. It's like he doesn't really care what happens to her.

Did you appeal on article 8?

[tasha75]

but right now, I just find it hard to hope. I am distraught!

It's understandable, Twin. My refusal came only a few weeks after my mum's death, and 1-2 weeks after we split with my partner. So as you can imagine I was also at my lowest. But keep faith, I have a good feeling about your appeal. Call it a women intuition )
The judge might even have a heart whether the Home office is just like a credit card application - "computer said no"