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Need a Help Please!!!!!!

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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want to free
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Need a Help Please!!!!!!

Post by want to free » Tue Feb 25, 2014 1:48 pm

Hi I am new in the forum. My child just got a british citizenship born and brought up in uk for first 10 years category. We (me and my wife) are overstayers. Do we have a chance to regularise our stay? Our immigration history is : I came as a student on 2001 and my wife also came as a student on 2002 and we married here in uk in 2003. Our visa was until 2009. We applied on 7 years rules on January 2013 but it was refused on December 2013 with no right of appeal.

Seneca
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Re: Need a Help Please!!!!!!

Post by Seneca » Wed Feb 26, 2014 10:03 pm

What was the ground of refusal?

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Casa
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Re: Need a Help Please!!!!!!

Post by Casa » Thu Feb 27, 2014 9:43 am

You may find it helpful to contact The Migrant Children's Project advice line. It's a free and confidential service on the right of migrant children and young people. 0207 636 8505
Their advice line is open 10am-6pm Tuesday, Wednesday and Thursday.
email: mcp@essex.co.uk
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Shondra Sharma
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Re: Need a Help Please!!!!!!

Post by Shondra Sharma » Sat Mar 01, 2014 12:14 am

@want to free My situation is exactly like yours if you don't have any application before or pending, apply a new application you will be fine, now your child is british citizen. They should grant. I am also waiting response from home office. Does anyone grant under this situation please inform? Sooner or later I think we should grant @want to free. I came as a student 16 years ago (8 years legally+8 years illegally), my partner came as a student and we married here in uk and child born here in uk 10 years ago. We applied under 7 years rule category in sept 2012 and it was refused on august 2013. child got british citizenship on 21st January 2014.

vinny
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Re: Need a Help Please!!!!!!

Post by vinny » Sat Mar 01, 2014 3:41 am

Sanade and others (British children - Zambrano - Dereci) [2012] UKUT 00048(IAC) wrote:ZH (Tanzania) v SSHD [2011] UKSC 4 considered in what circumstances it was permissible to remove or deport a non-citizen parent where the effect would be that a child who is a citizen of the United Kingdom would also have to leave. The fact the children are British was a strong pointer to the fact that their future lies in the United Kingdom.
It may not be reasonable to expect the British child to leave the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Shondra Sharma
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Re: Need a Help Please!!!!!!

Post by Shondra Sharma » Sat Mar 01, 2014 10:18 am

@vinny in our case we both dont have any leave? Do we have a chance. We been here in uk 16 years.

vinny
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Re: Need a Help Please!!!!!!

Post by vinny » Sat Mar 01, 2014 11:44 am

I think that having a British child puts parents in a stronger position than parents without British children.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Shondra Sharma
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Joined: Mon Jul 01, 2013 9:13 am

Re: Need a Help Please!!!!!!

Post by Shondra Sharma » Sat Mar 01, 2014 2:23 pm

@vinny You mean same rules apply for overstayers as well like a people doing criminal offences and in a prison sentences.

vinny
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Re: Need a Help Please!!!!!!

Post by vinny » Sat Mar 01, 2014 2:28 pm

Overstayers are committing an offence.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Shondra Sharma
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Joined: Mon Jul 01, 2013 9:13 am

Re: Need a Help Please!!!!!!

Post by Shondra Sharma » Sat Mar 01, 2014 2:40 pm

@vinny ok what is the best solution then actually our 7 years child application was refused in aug 2013 applied on sept 2012. They changed the private and family life rules again in December 2012 adding need to prove its not reasonable to expect child to leave the uk. Some of the lawyers says if someone apply before December 12, 2012 under 7 years child category, home office should grant the stay, if not need to challenge in the court. I don't know what to do? I only send reconsideration request in sept 2012 till nothing heard from office and now after getting my child british citizenship, I again send further representation explaning our chid got a britsih citizenship and urgently grant our stay. its been already a month but no response from home office. Is it better can we reapply again. Thanks.

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