Our immigration history....help needed

[MazMahar]

Hi All,
this is the first time I am posting any thing on this forum. I have viewed and read over 100 posts in last few days. My immigration history is as below, please comment and advise me in this regard.
I came UK in Oct 2005 as an student, was granted 3 subsequent leave until Feb 2008. My family (wife and two kids aged 3 and 2 joined me as a dependant in Nov 2007). Applied for HSMP in Dec 2007. HSMP approved. Applied for endorsement of Visa in Jan 2008. It was refused in April 2008. My consultant kept in complete dark until Aug 2008. Therefore all the rights of Appeal were exhausted by then. Not only this but without my consent he hired a solicitor to appeal against the HO refusal. Solicitor did not attend hearing (send a fax to the court on the day of judgement that She is poorly ill, could not attend the hearing, and if court could be adjourned). Judge did not accept the reason and HO decision stands. (Here just to mention that civil suit of professional negligence is already in the court against both parties). Cut the long story short, hearing all this went to a solicitor in Aug 2008 for advice, I was told and assured by the solicitor that JR could be filed and there are good prospects of success. He charged me a very big fees, I agreed and handed over all the consent forms, my file etc to him. He did not do any thing except to request my file from Tribunal. His firm was intervened by Law Society in Nov 2008, again I was left in dark,=. they stopped answering my phone, my emails etc. One day I visited their office somewhat Dec2008 and came to know all this. They did not refund my fees and I lost almost eight months. went to another solicitor, he proved to be more professional and humble person. He clearly told me that you have lost too much time and there are very rare chances to do any thing. I insisted to file a case at least to try my luck. As per his expectations, judge refused the case on the reasons that I have lost too much time and exhausted all the rights. So after all this battle me and my wife were completely dejected. Went to another solicitor, he advised us that its been few years, so wait for a suitable time. In the mean time I was arrested on the suspicion of theft in June 2010. It never proved and case was dismissed by Police. At the same time UKBA was involved and I am reporting every month since then. In 2011 we filed two separate applications in HO both on Article 8 Basis. Both were refused but in one application, UKBA issued removal orders for my wife only. Again we went in tribunal and removal orders were withdrawn in 2013. in the same year 2013 our third child born in April. In January 2015, we filed a case of JR against a decision of refusal of reconsideration of an application. On 5/8/2015 judge has refused the application on paper basis and we might go for oral hearing.

Besides this my older child is 12 years followed by 10 years and one British Born, who is 2.
MY older two children will complete there eight continuous residence in Nov 2015. We as a family unit are over stayers for more than seven years.

what I want to ask all the respected members of this forum is what options do we have to regularise our stay. What form is to filled for 7 Years route. Is it ok to file my application on my own. What documents are needed to support our application. As this is a long 8 years battle with HO and I have started getting mentally exhausted.

There could be some grammatical or spelling errors in the draft, for that I beg your pardon.

I would appreciate your valued suggestions, please feel free to ask any question to understand.
Thanks you all.

[secret.simon]

The two children who have lived 7 continuous years in the UK are eligible to apply for FLR of 2.5 years under 276ADE(i). They can renew it until they become eligible for ILR in 10 years time.

Your partner and you will be eligible to apply as their carers. You will, in effect, be their dependants as your application will be based on their right to live in the UK.

Your UK born child will be your dependant on the same basis. However, as he is UK born, he will be eligible for registration as a citizen when he becomes 10 years old. So, ironically, he will be the first to become a British citizen.

For the rest of you, you are looking at 10 years to ILR and 11 years to British citizenship.

[MazMahar]

The two children who have lived 7 continuous years in the UK are eligible to apply for FLR of 2.5 years under 276ADE(i). They can renew it until they become eligible for ILR in 10 years time.

Your partner and you will be eligible to apply as their carers. You will, in effect, be their dependants as your application will be based on their right to live in the UK.

Your UK born child will be your dependant on the same basis. However, as he is UK born, he will be eligible for registration as a citizen when he becomes 10 years old. So, ironically, he will be the first to become a British citizen.

For the rest of you, you are looking at 10 years to ILR and 11 years to British citizenship.

Hi Secret Simon,
Thanks for your reply, By any chance would you please elaborate 276ADE (1), as my understanding is concern, it would be under 276ADE (1)(vi). If this is the case then most of the applications do not pass the test of 'compelling reasons, why a child can not continue his/her life in the country of origin'.
Secondly would it be form FLR (O) to be filled in?
Thirdly who among older children will be the main applicant?
fourthly who else will be the dependant apart from parents? Can siblings be the dependents too?
and finally what documents are required for an application to be valid at first point.

Best Regards

[Obie]

An application can be made for reconsideration as you had a previous human right application, which was refused before April 6 2015 without a right of appeal.


You can make FLR(FP) application seeking exemption if you are destitute , or you pay the full fee.

Your article 8 does not seem too bad.