Post
by MyGodisable » Sun Jan 03, 2016 4:48 pm
Hi,
Firstly, i feel for you concerning your situation that's is how those solicitors are. They are only interested in money without having feelings for anyone. However, since i don't know may be your previous solicitor applied for you under "Paragragh 276 ade (vi)-no ties or under your own human right (family life) outside the rules", I will just try to give you some advice.
Secondly, i am also in the same situation as you are though i applied under "Paragraph 276 ade (vi)-no ties and under my human rights (family and private life) outside the rules. i am currently not subject to deportation order or removal order.
Thirdly, your removal or deportation from UK will depend on the evidence that was previously submitted by your previous solicitor to substantiate your claim that you enjoy family life with your family members here outside the rules, If that is what your previous solicitor applied for. If the evidence was not so convincing that you enjoy family life with your parent and siblings, you may have a little bit of problem because the Home Office will want to fight it that you have applied in the same category before and you have been refused on the same basis that your evidence was so not convincing.
Fourthly, if your evidence of your family life is convincing that there was more evidence of family life in your previous application, then the Home Office can't deport or remove you as you can challenge them that you enjoy family life with your siblings and parent here in the UK and your removal/deportation will breach your right, most especially, that you are still living with your siblings and parent which is your strong point at this moment. Due to this your removal/deportation will be unlawful in line with the following cases: Beoku-Betts v SSHD [2008] UKHL 397. But before you can claim your removal is unlawful, the evidence you previously submitted most demonstrate that you have Family life that is still continuing in line with the one or more following case law: RP (Zimbabwe) & RP (Zimbabwe) v SSHD EWCA/Civ/2008/825 or Ghising (family life - adults - Gurkha policy) [2012] UKUT 00160 (IAC).
Please read above case law very well for you to understand what Adult family life with parent and siblings is all about. All your material evidence must point to the fact that you have been living with your family since you enter this country and you also live with them when you are in your home country. In relation to the death of your mother, so far as you have evidence to support this you have no problem at all since your family can confirm this with their statement or when you are asked to appeal their new decision to the FTT. Please if you are given a right of appeal this time, please make sure all your family goes with you to court. Note: the case of Beoku-Betts v SSHD [2008] UKHL 397, her father also died but her appeal was still allowed on human right ground.
However, since i don't know the category your previous solicitor applied for before and the level of evidence that was submitted, If you are asked to submit further evidence to substantiate your human right claim, please try to get as many evidence that you can and make sure that all those evidence are relevant to your human right (family life) claim and they point to your family life in line with above case law that i mention in paragragh (v).
Presently, since the Home Office are now asking you about your current circumstances, i think they are now trying to reconsider your case properly and give you a final decision. So make sure that you provide them good reason and proper evidence this time around that will bring a positive change to your application. The most positive thing about your case is that they are now trying to review it and probably grant you some LTR but this depend on you right now to justify the reason why you have to stay with your family with proper evidence (both material and oral evidence).
Finally, I will advise you to go out and find a well qualified solicitor for yourself. Qualified I mean a solicitor regulated by "Solicitor Regulatory Authority" and not those that are OISC. Please this is your final chance to stop your deportation or removal. Your right is your right and don't let anyone including the Home Office to deny you your human right.
If your application or review is successful this time around, you are likely to be granted "Leave to Remain Outside the Rule" on Article grounds but you will have to fight this out as the Home Office will not want to accept this based on your previous application that was refused on the same basis. This is because you will be receiving benefits and so on and the Home Office doesn't like this any more. That's why it is difficult to succeed on this ground but with proper advice from a good solicitor with good material evidence and good submission this time around you will definitely succeed.
Finally, be closer to God and seek his guidance and continue to look for other options to regularised your stay as well. Best of luck.
