Help for discretionary leave appeal under new Rules

[irfan99]

Hi Everybody

I would like to ask a question for my friend,

My friend is living in UK from last 9 years, he had enter in UK as a student , he had now overstay almost 3 years, he is been in a relationship and living with his czech national girlfriend from last 2.5 years. She workes full time and has a 13 years old son from preveious relationship.

In June 2011 he made an application for DL on FLRO form through his solicetor which was refused in August 2011 with No Right of Appeal, In October 2011 his Soliciter requested home office that his client be provided with an in-country right of appeal. My friend has been advised by solicetor that he will have to wait for home office to either give him an appeal or issue order for his removal which will allow him to get an appeal.

After a long and painful wait in September 2012 his solicetor received a letter from Home office , reffreing a request of an appeal letter which was made by his solicetor in October 2011, they asked them to send more evediance of his relationship which will allow them to consider
The Request they have made.

They send them letters tha they have on their name along with the questioner form Home office has sent them.

Now just a week ago they have received a refusal letter with the Right of Appeal and stated that my friend has been now served with Form IS151A. The reson home office had made to refuse his application they are all based on the NEW Rules, stated that :
With regards to your clients eligibility under the new Immigration rules, application for family life in the UK, consider under Appendix FM is only available to those claiming to be a partner of a brithish citizen, a person settled in the UK, or a person with refuge or humanitarian protection leave, or the parents of a child( British citizen or settled here) in the UK.

My friends girl friend is czech national and in UK over 2.5 years and she is been working since last 2 years which means she is not a settled person here at the moment.

I am sorry for the big post but I wanted to explain things as much clear as much I can.

I want to know what chances my friend has to argue his appeal, even though Home office has not recoznise much that he has stablished a famiy life here but they have enough eveidance to prove it. The only problem is they want to decide his application under new Rules.

Would there be any chance to arugue and convence Home office in court to consider his application under old rules having consider that he had apply in 2011 and been refused with No right of Appeal and then further requested in 2011 to home office to allow him an appeal which was granted in November 2012 and now new rules are in affect.

Would it be too much to ask to consider him under old Rules ?

Any help or advise will be so helpful and I’ll be so gratful to you all.

Thanks
Irfan.

[irfan99]

Any help guys ?