Advice to appeal under humanitarian rights

[bashar187]

Hi. Hoping someone can help / advice on on appealing for ILR under humanitarian rights.

A relative of mine got married to a UK Citizen, and came over to the UK in 2006.
Unfortunately the marriage broke down and her husband refused to appeal for extension / ILR for her in 2008.

She had separated from him, but not divorced in 2008, and has been living with various relatives since then.

In 2010, the pair finally came to an agreement and settled for a divorce.

However, between 2008 - 2010, we had applied for ILR for her on humanitarian rights. Unfortunately this was rejected on 2 occasions. My feeling is this happened as we didn't have the best of lawyers.

I felt the case itself was very strong. Even the lawyer at that time had advised that this was going to be a hard case to fight, but we had a strong case.

The case was fought on the grounds of her being abused and harassed by her husband and his family.

I don't want to go and spend more money on laywers unecessarily, so am hoping for some strong advice from ppl on this board before I use a lawyer again.

What I want to know is:

a) I am heading in the right direction in terms of appealing via the Humanitarian rights?
b) Is it worth fighting the case although it has been refused 2 time already (albeit with the same lawyer)
c) Now that she has been in the country for 5 years, can i appeal for ILR through a different route?
d) Are their any good lawyers you can recommend. Preferably not expensive ones

Thank you in advance for your help.

[geriatrix]

a) I am heading in the right direction in terms of appealing via the Humanitarian rights?

One can appeal a refusal only if given the right to do so. Does she have a right to appeal? It appears that the person in question is an overstayer in UK since 2008, so cannot figure how she can "appeal".

b) Is it worth fighting the case although it has been refused 2 time already (albeit with the same lawyer)

If she has been refused on two occasions, making a new application on basis of same reasons (human rights) may only be successful if you can provide new evidence(s) to support your claims. Application on basis of same evidence(s) .. even though with a new lawyer representing her ... may have the same outcome.

c) Now that she has been in the country for 5 years, can i appeal for ILR through a different route?

Does she have valid leave? Or an overstayer since 2008?

[bashar187]

Hi.

Thanks for your response.

I am not 100% accurate as I am not the one fighting the case but from what I have gathered she was given right to appeal after the 1st rejection. Then when the 2nd appeal was lost I thin right of appeal was not given.

They have now had a divorce so if the case was re-appealed then no new evidence / statement is available.

I believe she is an overstayer since 2008. Hope this information helps.

[bashar187]

Just to add. She wasnt given right of appeal 2nd time but the solicitor said that we should try and re-appeal as he felt we had a pretty strong case.