I've had a pending immigration case that's been going on for four years now and need urgent advice.
Brief history
I came to the UK in 2000 as a student. I applied for ILR in 2011 but was refused due to a 30 days gap in 2007 with no right of appeal as I had 6 days left on my visa. The break in lawful residence was due to my uni taking over 3 months to offer me a place on the course.
As it was my first immigration case, I went to with the first lawyer I was recommended. He re-applied without addressing the 30 days gap and was rejected but with right of appeal. My appeal was dismissed as I was badly represented in court and had no evidence in front of the judge. I then hired a new solicitor who advised me to send a Legal representation to the ukba to review the decision made but this time explaining the gap with the necessary confirmation from the university. We did this in Sept 2012 and got no response from the UKBA until March 2015 when my MP chased for me. I then I sought new legal advise after the UKBA confirmed that they will not consider the legal representation. All three lawyers i saw told me that I am now an overstayer and have been since my appeal right was exhausted in Nov 2012. So only option to legalise my stay is for send a fresh FLR application based on article 8 which we did.
We got the decision yesterday which was refused as warned, but only obstacle is they gave me a right of appeal but to do so from Nigeria. So an Out Of Country appeal.
I am well aware that any appeal lodged outside the country will never be successful. And once I leave the country I won't be able to re-enter due to my tarnished immigration history. I have been told that my only option is a JR proceedings, but my case is quite weak.
I'm currently in a 7 months relationship with a British citizen, at the time of my FLR application, we'd only been going out for 3 months so didn't mention it to him cos of course I didn't want to freak him out. Does the fact that I am now in a commitment relationship make any difference? That is, can I submit a new application or just include this in the JR docs?
My sister who is the only family I have left is British and is based here. I have no family ties in Nigeria. I have no criminal record and never claimed public funds. I had to quit my job after I was told that i was no longer legally entitled to work in the UK.
I need advice on what I can do please and what my best chances are for for a JR claim being permitted.
Thank you.
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