General UK immigration & work permits; don't post job search or family related topics!
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deejayb
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by deejayb » Sat Feb 12, 2011 11:56 pm
I seek asylum in 2001 july and it was refused in september 30. My case is still on legacy but i was wondering how my case will be benifited from the r s policy sunce the r s policy has been closed on 20december 2010. Do I have to submit further claim for it or they will use it in considering my case even if I do not remind them? Secndly I have a three year old daughter who is british. How will this help in my legacy case. Advice needed please I am from sierra leone
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AUHS
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by AUHS » Sun Feb 13, 2011 2:10 am
It could be better for you to consult with any solicitor.
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Greenie
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by Greenie » Sun Feb 13, 2011 8:14 am
If you have not already made representations on the RS policy then it is too late to do so now because the policy has been withdrawn as you are aware. Ukba have said that in cases where. No reps under the policy have been made before the withdrawal date then they will consider each case in line with the originals r(s)Afghanistan case law and each case will be decided on its individual merits.
I think if you applied in July 2001 and were refused in September 2001 then you would find it hard to argue that you missed out on ELR due to ukba delay.
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Greenie
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by Greenie » Sun Feb 13, 2011 8:18 am
However the fact that you have a British child will be a relevant factor in consideration of your case under legacy. Do ukba know about your child and have you sent them evidence /information about your child?
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deejayb
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by deejayb » Sun Feb 13, 2011 10:10 am
Yes they know as I have sent her birth certificate and my name is on it.
I even sent pictures of me and my daughter
The other problem is that I sent my picture request in july 2010 and i have not heard from them till now when others are getting theirs in about 6 weeks after sending pictures. why the delay/
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Greenie
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by Greenie » Sun Feb 13, 2011 10:22 am
Did they request your passport photos or did you just send them of your own accord?
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deejayb
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by deejayb » Sun Feb 13, 2011 11:16 am
The request it in july 2010 and i sent it before the deadline.
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Greenie
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by Greenie » Sun Feb 13, 2011 11:40 am
Unfortunately its quite common for ukba to request photos and then do nothing again for months. Do you live with your child?
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deejayb
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by deejayb » Sun Feb 13, 2011 12:02 pm
She is not living with me but she is always with me as the mother is always busy. More or less she is with me everyday as i am not working at the moment.
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Greenie
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by Greenie » Sun Feb 13, 2011 12:36 pm
If child not living with you then you should provide further evidence of your role in her life. Photos of up with her may not be enough. Do you have a formal contact order or written agreement for contact? Can you get the child's mother to confirm your involvement. Does your child go to nursery or have a health visitor can you get letters from them?
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cobra
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by cobra » Tue Feb 15, 2011 11:20 pm
Claim asylum in 2001, Pictures requested by UKBA and you have british child. This is good enough to consider your case under the legacy.
Dont Panic, your ILR is on the way
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deejayb
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by deejayb » Wed Feb 16, 2011 6:28 pm
I was with crts14 and then transfered to crts15 in november2010 and today I receuved an email reply from crts7 command demand. I am scared of the name command demand. Is this the team dealing with my case now? Why command demand?
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Greenie
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by Greenie » Thu Feb 17, 2011 11:18 pm
well it's probably designed to scare just as it has scared you but doesn't actually mean anything.
I would stress again though that if you are not living with your child you should submit further evidence of your relationship.
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geriatrix
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by geriatrix » Fri Feb 18, 2011 5:47 am
Usually a "demand led" team is created when there's need for exigency due to demand (demand to resolve cases by a defined date / period, demand created due to extra workload, demand for extra/ due diligence, etc. etc.).
If UKBA uses the business jargons as other business organisations, I would say its just a name of a team ... nothing to be scared of!
regards