7 year residence outside immigration rule

[Dreamycakes]

Hi
I need your advice. This is just a quick history summary. I’m an overstayer. Came to the UK since 2004 (16years) with my parents who went back to Nigeria and I was to remain here for a further 3 weeks before going back, unfortunately my parents were killed in a robbery so I remained here. It’s been 14 years now, and in that time I have made lots of applications to the Home Office. EEA application as an extended family of a European citizen (uncle). It was refused and appeal dismissed, then I made flr application on private life and it was dismissed and have been appealing and challenging this since 2012. I have two kids now, a 7year old and a 5 year old. I’m separated from their dad. I have no contact with anyone in Nigeria. My last application to the Home office was in May 2017 when my son was 6yrs and 5mths. It was a fresh application due to new evidence (social work report). My son currently is diagnosed with speech and language delay and global developmental delay. He receives speech therapy for this. The application was refused and appeal dismissed yesterday. The judge said although at d time of hearing my son is now 7, he said my son uses the NHS for his treatment, that we can move back as a family unit, that I lacked credibility because there’s no death certificate for my parents and even though I have been trying to regularise my stay here that I have been here illegally for over 10years. He said d social worker reports was 2 years old. It’s that old due to long appeal date and d time it took the HO to make a decision. He also said the report focused more on what I told the social worker. I included an independent speech and therapy report in my bundle and also a letter from his school and the special needs teacher at his school gave an opinion that it would be highly disruptive for my son to move to a different country because he’s settled into his routine and improving in his speech and his understanding is picking up. Howver this wasn’t even acknowledged or mentioned in anyway in the decision. However I don’t know what to do anymore. Going back is not an option for me. I have no place to go. Pls help!!!

[Londoner007]

You require a very good legal representative.

[Dreamycakes]

My solicitor advised we appeal to Upper tribunal and include new social workers report, death certificates, updated nhs report and any other supporting documents. I have also included a letter of support from school from special needs coordinator, an independent speech and language assessment report both of which the judge failed to acknowledge.

[Dreamycakes]

Pls is there anyone who has a suggestion on what step I should take or any idea whatsoever that may be helpful?

[bella27]

Hi
I need your advice. This is just a quick history summary. I’m an overstayer. Came to the UK since 2004 (16years) with my parents who went back to Nigeria and I was to remain here for a further 3 weeks before going back, unfortunately my parents were killed in a robbery so I remained here. It’s been 14 years now, and in that time I have made lots of applications to the Home Office. EEA application as an extended family of a European citizen (uncle). It was refused and appeal dismissed, then I made flri application on private life and it was dismissed and have been appealing and challenging this since 2012. I have two kids now, a 7year old and a 5 year old. I’m separated from their dad. I have no contact with anyone in Nigeria. My last application to the Home office was in May 2017 when my son was 6yrs and 5mths. It was a fresh application due to new evidence (social work report). My son currently is diagnosed with speech and language delay and global developmental delay. He receives speech therapy for this. The application was refused and appeal dismissed yesterday. The judge said although at d time of hearing my son is now 7, he said my son uses the NHS for his treatment, that we can move back as a family unit, that I lacked credibility because there’s no death certificate for my parents and even though I have been trying to regularise my stay here that I have been here illegally for over 10years. He said d social worker reports was 2 years old. It’s that old due to long appeal date and d time it took the HO to make a decision. He also said the report focused more on what I told the social worker. I included an independent speech and therapy report in my bundle and also a letter from his school and the special needs teacher at his school gave an opinion that it would be highly disruptive for my son to move to a different country because he’s settled into his routine and improving in his speech and his understanding is picking up. Howver this wasn’t even acknowledged or mentioned in anyway in the decision. However I don’t know what to do anymore. Going back is not an option for me. I have no place to go. Pls help!!!

I was in that situation all you can do is buy time till your child is 9yr plus, I will advice you to reapply based on eea family member do not go for judicial review it will trigger removal process and they very quick to remove people.

[Dreamycakes]

EEA application is not an option for me now as I no longer have a relationship with my uncle. The option available to me now is applying for permission to appeal to UT, which in all should buy me some time.