human rights article 8 - mum i need help plz

[issueuk]

hi,

I need help with the case of my mum as it is complicated and don't know what to do.

Ground :
I was subject to domestic violence and I have two kids under 5. I have been re-lodged in London by the government. My health is deteriorating and I have one kid with behavior disorder. I am British and I have all the documents needed to show, I need someone to help me with myself and the kids. I am still under risk for violence and abuse from the father that I divorced. I have nobody here in the UK except my mum. Also my mum has nobody back home to look after or look after her. I wanted to request ILR for my mum under article 8 of human right. as my mum comes and goes as a visitor for 6months on two years visas.

Issues :
Back in 2010 I hired a lawyer that give my mum's case a lot of chances. He got paid in full 4months before the 6months expired. He claims he submitted the application for ILR a month later and got royal mail proof. But the HO claim they received it after the 6months expired. My mum then got refusal for the application because HO says it was sent 9days after 6months window of a 2years visa passed. She also received a letter asking her to leave the country and receive here passport there.

Questions :
1) What do I need to do to sort this out as she doesn't have the right of appeal of this refusal?

2) Should I make a new application for her on the same ground?

3) Does she had any other way to get ILR except article 8?

4) What are the chances of here getting a ILR?

5) If she goes back home is she going to have a ban and never get a visa to go back to the UK as visitor?

I will appreciate any and all the help you can provide.

[peppekalle]

You need to talk to another lawyer.Your local law center offers free immigration advice and may represent you in appeals.There are still legal aid lawyers available.

As far as i am aware ILR is not issued only on the basis of article 8 .If your mum broke the rules she might face a ban if she goes back but talk to a lawyer she might be entitled to legal aid.

[issueuk]

My mum made the application in time and the HO refused and asked her to leave. The reason of the refusal being that the lawyer made application too late or the aplication got lost in the HO for too long. Now the HO is saying she broke the rule but she relied on the lawyer that messed up her life.

Please let me know. The refusal doesn't have right of appeal. One lawyer asked me to push the HO to enforce the removal of my mum and then get the right to appeal in court. An other lawyer recommended to make a new application under human right article 8. I really don't know what to do.

Please advise.

[peppekalle]

My mum made the application in time and the HO refused and asked her to leave. The reason of the refusal being that the lawyer made application too late or the aplication got lost in the HO for too long. Now the HO is saying she broke the rule but she relied on the lawyer that messed up her life.

Please let me know. The refusal doesn't have right of appeal. One lawyer asked me to push the HO to enforce the removal of my mum and then get the right to appeal in court. An other lawyer recommended to make a new application under human right article 8. I really don't know what to do.

Please advise.

I suggest she makes a claim under article 8 so she gets a right of appeal if they refuse the application.Get your lawyer to do this for you.

You cannot force UKBA to issue a removal notice unless you go for judicial review which is very expensive and you are unlikely to get legal aid funding for this.

Please read this http://www.freemovement.org.uk/2011/02/ ... or-appeal/ and http://www.freemovement.org.uk/2009/08/ ... n-of-duty/