Discretionary leave on compassionate grounds

[God's Authority]

Hi senior members

I could do with a some advice now please.

Applied for leave outside the rules on compassionate grounds,my daughter has a medical condition so it was my self her and her dad which is my partner. Applied last year October but got all my documents back today via royal mail along with refusal letter but not our passports
We did get a right to appeal with deadline being the 28th of October. I am at a cross road now, currently pregnant and in full time employment. Do I appeal or submit a new application? I know appeal takes ages but is it possible to request an earlier date please? What are my chances of winning the appeal? To be honest I cannot even bring myself to read the details of the refusal because am an absolute mess now, shaking and all. My mid wife referred me to a mental nurse last week because she felt I was depressed based in the discussion she had with me, do you consider mentioning this development to her might aid my appeal in terms of supporting documents which she might be able to provide?

Apologies if I am going through everything in a rush am just at a loss, am almost certain the reasons for refusal would be that my daughter can get care back home, but I just cannot read it. Am sad, thinking of the future of my job and how to care for my kids.

Thanks in advance as you respond

[God's Authority]

Hello people

Please kindly advice me.

Thank you in advance

[ilr_trauma]

Hello people

Please kindly advice me.

Thank you in advance

Can you please tell me your case. I have similar situation.

[Ayyubi72]

Go and see an experienced immigration advisor or solicitor and appeal as soon as possible. This forum on its own will not solve your problem.

[God's Authority]

Ilr_success, please see a summary of my story above. Although I strongly doubt we are in the a similar situation as my application was based on my daughter's condition.

Ayyubi, why thank you I thought I could do with a bit of advice from more experienced members and gurus on this forum hence my posting here. Thanks again.

[Ayyubi72]

Without trying to explain how all the legalities work, I would say APPEAL.

Appeal right is an important right. It might take ages, but you have much better chances of success with appeal rather than applying again. HO has already got all the information about your situation. Well, at least most of it.

As I understand, your main argument is your daughter's medical condition. HO already knows about it and they have decided to refuse your application, so atleast I do not see a chance of another application succeeding just by the additional fact that you are pregnant now.

A good experienced immigration solicitor can really advance your case through the courts, and there may be hope for a successful outcome.

[Ayyubi72]

While preparing your case for appeal, you can get additional input from this forum if you provide more details about your circumstances.

Your nationality, full immigration history, age of your daughter, where was she born, some pointers to her medical condition (if you do not mind disclosing this) etc etc.

[Amber]

What was your immigration status and your partner's. What is wrong with your child? How long have you all been in the UK?

[God's Authority]

Good morning Ayyubi

I am grateful for your kind response.

Good morning Amber, I am also grateful for your kind response.

Please see response to your questions below

In summary, I came into this country 2009 on student visa, whilst studying met my partner. We got into a relationship and well we ended up having my daughter who at birth was diagnosed with sickle cell Anaemia.
To be honest, if she was ok ,I wouldnt have minded going back home but then so much family pressure( more like they want the relationship to end due to my daughter's health condition anyway and my partner only disclosed to me that he lost one of his cousins to the disease so his family are vehemently against the relationship) and also after post study, I and my partner switched to PSW. I have been working in an IT company for almost 2+ years now. My partner also works as a self employed financial consultant. I applied as the main applicant and my daughter and partner as dependants. Since we are not married, we could only provide proof of cohabitation to prove our relationship was genuine along with a notice of marriage which we filed at the registry but didint hold due to family pressure. We also got letters from my daughter's doctor and nurses( these letters and our passports were the only thing the home office did not return when they sent back our documents). We also included letters from church, my pay slips, letters of promotion from my employer, awards, proof of charity work I did and even insurance policies but they simply said they have chosen to decide the case under article 3 and we do not qualify. Even though I wrote in the cover letter that we were applying on grounds of compassion and made slight reference to article 8 by pointing out how much relationships we had built with colleagues, friends and a host of other people.

We finally managed to get a lawyer who will be filing the appeal on our behalf but I know more than anything else, this is my only chance to prove my case to the home office when the appeal day comes hence my trying to get as much advice from the experienced people on this forum.

Will it be possible to request the appeal date to be moved forward? I anticpate I will be getting a date next year but as I am currently pregnant now,I would have really loved to get everything sorted at least before the baby comes so that would be one less thing to worry about.

Sorry for the long post, but what are the chances of being successful at the appeal?

Thanks so much senior members, I appreciate your kind response.

[God's Authority]

My daughter was born here, I am a nigerian, same as my partner and up until this moment we have had a good immigration history. My daughter will be 3 early next year and has recently being offered a place in school to also start next year after her 3rd birthday.

Thank you so much.

[Amber]

See also, Human rights claims on medical grounds

Bear in mind the UKBA have a duty to safeguard and promote child welfare.

[God's Authority]

See also, Human rights claims on medical grounds

Bear in mind the UKBA have a duty to safeguard and promote child welfare.

Amber, thank you so very much. Am grateful for your kind support. I hope its ok to say God bless you. Thanks so much again

[Amber]

See also, R (on the application of SQ (Pakistan)

[God's Authority]

Thank you so much Amber, am more than grateful. Such useful and relevant case studies. Am very grateful, God bless you again

[Ayyubi72]

Your nationality will play also play a role here. The poorer and underdeveloped your country more chance of success.

Also if you have good financial prospects back home, the lesser sew weight in your application.

[Obie]

Sickle cell is a tough one to push, but it is worth a try. you need to do your homework on her prospect if she was sent back.

[Ayyubi72]

Family opposition due to perception or culture issues can't be the basis of application.

One partner works in IT and the other a financial consultant. You will try your best, but knowing what I know, not much chance to be honest. Or should I say, no chance.

Many solicitor's slap all kind of applications to HO. A tiny amount of them succeed.

People shouting human rights left right and centre is the reason why the rules are getting tougher and tougher.

If tories get elected another term, it will be a bonfire of Human rights act.

[God's Authority]

Thanks Amber and Obie

Dear Ayyubi, thank you but why not let the judge be the decider on whether there is a chance or not. I find your comments rather insensitive on this occasion. Am not exactly sure if the issue here is about our occupation or the lawyers slapping the courts with so many cases or about human rights.

You do not have the Final say on my case thank God for that but thank you for reminding me that out of nothing God pulls out something and please keep an eye on this thread cos I will surely be back by God's grace to share my good news.

Have a good day.

[El shaddai]

I advice you to just hold on to The Rock of Ages, the author and the finisher of your faith.

With men it is imposible.

[God's Authority]

I advice you to just hold on to The Rock of Ages, the author and the finisher of your faith.

With men it is imposible.

Thank you so much. God bless you.... I need not say more. Am so grateful.God bless

[Ayyubi72]

Thanks Amber and Obie

Dear Ayyubi, thank you but why not let the judge be the decider on whether there is a chance or not. I find your comments rather insensitive on this occasion. Am not exactly sure if the issue here is about our occupation or the lawyers slapping the courts with so many cases or about human rights.

You do not have the Final say on my case thank God for that but thank you for reminding me that out of nothing God pulls out something and please keep an eye on this thread cos I will surely be back by God's grace to share my good news.

Have a good day.

No one on this forum or any solicitor has any authority to give you status. In the end, it is upto UKBA what they make of your application, and if it ends up in a court of law, then upto an adjudicator/judge. I wish you good luck. But I said what I said because of a bit of personal knowledge about lots of similar cases, and also the information available about outcomes of similar cases, appeals and judicial reviews etc. Now somehow I cannot just put what I know in a little box and tell everyone on this board that they will surely be successful no matter what the circumstances are.

I do not wish bad luck on anyone, but just give an honest realistic opinion.

[God's Authority]

Thanks Amber and Obie

Dear Ayyubi, thank you but why not let the judge be the decider on whether there is a chance or not. I find your comments rather insensitive on this occasion. Am not exactly sure if the issue here is about our occupation or the lawyers slapping the courts with so many cases or about human rights.

You do not have the Final say on my case thank God for that but thank you for reminding me that out of nothing God pulls out something and please keep an eye on this thread cos I will surely be back by God's grace to share my good news.

Have a good day.

No one on this forum or any solicitor has any authority to give you status. In the end, it is upto UKBA what they make of your application, and if it ends up in a court of law, then upto an adjudicator/judge. I wish you good luck. But I said what I said because of a bit of personal knowledge about lots of similar cases, and also the information available about outcomes of similar cases, appeals and judicial reviews etc. Now somehow I cannot just put what I know in a little box and tell everyone on this board that they will surely be successful no matter what the circumstances are.

I do not wish bad luck on anyone, but just give an honest realistic opinion.

Thank you for your explanation, perhaps if you had passed your message across this way it would have been easier to digest and not come across as insensitive. Am sure you are well aware that no two cases are the same, matter of fact,only the basics of my situation was disclosed on this forum as I felt that sufficient enough for the kind of advice(and not status as you have mentioned in your post) I was seeking.


I can obviously tell my left from my right, same way I can tell this is an immigration site and not the home office liasion/lobby contact website so obviously I know where to direct my ''lobbying requests for a status'' to


Thanks once more and very much appreciated. God bless.