My daughter turns 10 and I am in limbo without leave

[vinny]

They were considering Section 1(3).

However, your daughter may be entitled to register under Section 1(4) after spending her first 10 years continuously in the UK, subject to the Good Character requirements. If she is not an overstayer, then she should be entitled to register.

[vinny]

Posts merged.

[adesuwa]

They were considering Section 1(3).

However, your daughter may be entitled to register under Section 1(4) after spending her first 10 years continuously in the UK, subject to the Good Character requirements. If she is not an overstayer, then she should be entitled to register.

what do you mean if she is not an overstayer ? she was born here and has been here all her life ? never left the UK once

What happens to me and what can I apply for then ?

[CR001]

They were considering Section 1(3).

However, your daughter may be entitled to register under Section 1(4) after spending her first 10 years continuously in the UK, subject to the Good Character requirements. If she is not an overstayer, then she should be entitled to register.

what do you mean if she is not an overstayer ? she was born here and has been here all her life ? never left the UK once

What happens to me and what can I apply for then ?

Simply being born in the UK does not give a person any right to reside or legal status.

Does she not hold a visa for the UK??

[adesuwa]

They were considering Section 1(3).

However, your daughter may be entitled to register under Section 1(4) after spending her first 10 years continuously in the UK, subject to the Good Character requirements. If she is not an overstayer, then she should be entitled to register.

what do you mean if she is not an overstayer ? she was born here and has been here all her life ? never left the UK once

What happens to me and what can I apply for then ?

Simply being born in the UK does not give a person any right to reside or legal status.

Does she not hold a visa for the UK??

When she was born here, we had a students visa and student dependant

we then applied for HSMP and mine was terminated by the advise of a caseworker and her's was approved, the HO failed to serve me any notice, so I reapplied

My daughter has always lived with my ex wife and I have been giving her £200 every month, despite not working and played my role as a father

I dont know my ex wife's status

[adesuwa]

They were considering Section 1(3).

However, your daughter may be entitled to register under Section 1(4) after spending her first 10 years continuously in the UK, subject to the Good Character requirements. If she is not an overstayer, then she should be entitled to register.

Hi Vinny
what do you mean by NOT AN OVERSTAYER ? She was born here and lived all her life here, she is just 10 and I am wondering if a child can be punished for the sins of the parents ? as I read online that judges insist NO

her mum will not tell me about her status, I will keep trying to speak to her, but i know she has been here for 14 years now

[vinny]

Do click on overstayer for the definition of the "overstayed" or "overstaying" terms.

See also need for a dependant visa for UK born child.

[adesuwa]

Do click on overstayer for the definition of the "overstayed" or "overstaying" terms.

See also need for a dependant visa for UK born child.

Thank you for your advise

A few points though: (Kindly note, as I said my ex-wife will NOT tell me about her status) All I know is that if she had issues she would be asking me for extra money and she is not

1. How can a child who was born in the UK and lived here for over 10 years be blamed for the sins of the parents and labelled an overstayer ???

There are many articles that say children MUST NOT be blamed for the sins of their parents

NOT THAT I AM JUSTIFYING OVERSTAYING -
...But the only reason I am in limbo is simply because a HO caseworker wrongly advised my ex-wife to withdraw my application and failed to this very day to serve me an notice of outcome, this is a fact and even they admitted to my local MP and apologized in part for


Firstly - HOUSE OF PARLIAMENT
This was introduced to allow children with strong ties to the UK to be registered here, regardless of the status of their parents. The policy reason was noted by Parliament: “We feel that, after the passage of time, those children will be so deeply rooted in this country that it would be harsh to deprive them of citizenship”.

http://docplayer.net/11503304-Systemic- ... izens.html


Secondly - Upper Tribunal
This issue was considered again by the Upper Tribunal recently in the case of MT and ET (child’s best interests; ex tempore pilot) Nigeria [2018] UKUT 88 (IAC), where the Tribunal reiterated that powerful reasons are needed to remove a child after seven years.


With regards - Good character, my daughter gets awards every year in school and currently her class counselor and represents the city for sports

2. I think the HO MP is in error as after settling down to read the email properly and my reasons are thus;

(i) she said I was refused june 22nd
- I got a package from the HO june 22nd which said, they are JUST RETURNING my documents and my file is awaiting to be assigned to a caseworker who will notify me of the outcome of the HO final decision. It further stated, that all documents ID and passports have been retained until a decision has been made

(ii) I have been reporting since and if it was refused in june, I would have been alerted at the reporting center as to why I havent left the UK


(3) The HO mp said my case was refused because my daughter is not British and neither has any of the parents ILR

(i) The FLR FP application is a 10 year route with (2.5 years x 4 visa renewals)
(ii) the FLR FP further gives me an option to apply OUTSIDE THE RULES (meaning I do no have a status)
(iii) The merits of the application is that the child in question is NOT British, but is under 18 and has lived in the UK continuously for 7 years


MY THOUGHTS
I think the HO mp (in her misunderstanding) when she was responding to my local MP, saw on the HO system that my documents were returned and overlooked the fact that it was NOT a final decision, so she responded thinking it was a final decision without a ROA

Secondly, she (The HO mp) said my daughter is NOT Brisith, which again had nothing to do with the application

[adesuwa]

MY THOUGHTS
I think the HO mp (in her misunderstanding) when she was responding to my local MP, saw on the HO system that my documents were returned and overlooked the fact that it was NOT a final decision, so she responded thinking it was a final decision without a ROA

My local MP just confirmed today that the HO made an error and that I still have a pending application and there is NO TIMEFRAME as when they would make a final decision and refused to return my passport which I asked for, so I can open an international bank account in my home country

I had asked for my passport, so I can raise money to pay for my daughter's passport, since I havent worked in over 12 years due to this mess

I like to deduce that my thoughts above were accurate.

My ex wife is happy to make a joint application next month to register my daughter as a UK citizen and subsequently get her UK passport, as she is 10

[adesuwa]

I thought I post this article

https://ukhumanrightsblog.com/2018/10/2 ... nded-look/

excerpts

On 24th October 2018 the Supreme Court gave its judgment in the conjoined cases of KO (Nigeria); IT (Jamaica); NS (Sri Lanka) and others; Pereira v Secretary of State for the Home Department [2018] UKSC 53 — read judgment.

This is a major decision which clarifies the approach that the Immigration Tribunal should take to the question of whether a child and/or their parents should be removed from the UK in circumstances where it is claimed that this would constitute a disproportionate interference in their rights to private and family life.

In summary, the Court held that misconduct by the parents — be it criminal offending or immigration-related misdemeanours such as overstaying a visa — should not form part of the assessment of whether a child should be removed from the UK. As a result, it should also not form part of the assessment of whether Article 8 requires that the parent remain in the UK with the child

[adesuwa]

my daughter turns 10 in 3 weeks for now, and my ex wife and I will be jointly applying to register her as a UK citizen, she was born here and lived all her life here (never left the UK once)

[Obie]

You may qualify under Zambrano or outside the rules if your daughter get British Citizenship.

Both of you will not qualify under the 5 years route unless you have sole responsibility.

[adesuwa]

my application was refused today. The HO did not say much, only one paragraph. It is a repeat claim and there is no right of appeal. they quoted paragraph 353

They said when my daughter was 3 I made the same application in the past

My daughter is 10 today and has had UK citizenship in place, she lives with my ex wife. THe HO acknowledged that I submitted detailed supporting documents to show evidence that I played a role in my daughter's life, but refused it. She was 9 when I applied

So I am guessing the only way forward is a JR as a fresh application might leave me waiting again in limbo for a year or two (who knows)

[adesuwa]

Quick question

If my local MP takes my case to the floor of the house of parliament, can the HO decision be overturned ?

[Obie]

The best to do is send a PAP and follow up with JR if they fail to comply.

[secret.simon]

If my local MP takes my case to the floor of the house of parliament, can the HO decision be overturned ?

The value of a question in Parliament is its embarrassment value. Generally questions about specific individual cases are not answered on the Floor of the House, because no minister would have information on every single individual case being handled by his department. Typically, a minister would respond by either offering to look into the case or offering to discuss the case with the MP in private.

It can however go the other way. If the MP raises the issue and the Home Secretary wants to make an example of how tough/firm he is on immigration/overstayers, he can highlight the case in his own response and promise to take tougher action in cases like yours.

So, in short, a double-edged sword.

[adesuwa]

The best to do is send a PAP and follow up with JR if they fail to comply.

I had sent a PAP and at the same time applied for a HR appeal using IAFT-5

The problem is that I am quite broke and spent my dad's pension support on my daughter.

So I did the PAP myself using tonnes of examples I got online, I modified them to quote article 8, 24 and section 55 citing examples of the best interest of the child and the clarifications on the recent landmark supreme court ruling 24.8.18 updated 19.12.18 FLR FP rules on their website Which clearly says settled status of the child is irrelevant

The problem now is most solicitors and direct access barristers I consulted keep saying they won't take it further because I did it myself and they don't know the merits of the case

[adesuwa]

If my local MP takes my case to the floor of the house of parliament, can the HO decision be overturned ?

The value of a question in Parliament is its embarrassment value. Generally questions about specific individual cases are not answered on the Floor of the House, because no minister would have information on every single individual case being handled by his department. Typically, a minister would respond by either offering to look into the case or offering to discuss the case with the MP in private.

It can however go the other way. If the MP raises the issue and the Home Secretary wants to make an example of how tough/firm he is on immigration/overstayers, he can highlight the case in his own response and promise to take tougher action in cases like yours.

So, in short, a double-edged sword.

I saw an article online about recommendations by the HOUSE OF PARLIAMENT which it insisted the best interest of the child and recommend that the settled status of the child and parents are irrelevant

I have quoted them on page 2 earlier of this thread

[secret.simon]

The best to do is send a PAP and follow up with JR if they fail to comply.

As Obie has already advised, you will need to take this through the courts in order to have the "best interests of the child" looked at. Note that the best interests of the child are balanced by other considerations as well.

[Obie]

I agree with Secret Simon, the Legislature has no power to compel the Executive to do anything. The Home Office can simply tell the MP or parliament that they wish to remove you or whatever stupid thing they wish to do with your case.

The Parliament makes the law, the Executive which is the Home Office are designed to implement the law, and the Legislature interpret or enforce the law if the executive overreaches its power.

This is why i tend to have very little with the executive. the best is to file JR.

I have no confidence in the HOme Office or parliament. But i do have some confidence in the Judiciary.

If parliament is unable to sort out Brexit, and Theresa May saying she will crash out the UK, irrespective of the view of parliament, then it is questionable what significance parliament has these days.

[wallykhan]

what country you from, maybe file for asylum

[CR001]

what country you from, maybe file for asylum

If you read the whole topic and looked at the user's flag, you will note that the poster is from Nigeria.

[adesuwa]

JR too has it's own issues

1. Biggest being I might come across a wicked judge.

As in my 2016 appeal the judge final verdict was contact on a probability was not taking place, hence article 8 is not engaged

He misunderstood me (I believe intentionally) and said my ex wife was not aware of contact.

He cherry picked what evidence he wanted and dismissed it all. E.g. he did not take into account the pictures and I also took a tablet with over 1,000 videos to court which he declined to view

He said the regular 2-3 monthly train tickets and entry tickets to play centres etc does not mean anything

The regular £200 monthly payments (despite not working) meant I was paying a debt I owed my ex wife

Etc

Both appeals said at 8 my daughter was not settled and quoted the fact that contact was not taking place

2. if I lose, then I will be liable for the HO cost



The PAP expires March 1st so I will see what I can get in place by then

Or

If the courts accept my IAFT-5 appeal

[adesuwa]

The best to do is send a PAP and follow up with JR if they fail to comply.

I got a letter from the courts today, they rejected my application to lodge an appeal.

I also did a bit of research on JR and it says a JR may not be the best route to go down, as a JR only reviews the lawfulness of a public body to arrive at its decision and not necessarily the results, which means the HO can still make the same wrong decison again.

see this article

https://www.judiciary.uk/you-and-the-ju ... al-review/


What I wonder is how do you see cases that arrive at the supreme court or EU court of appeal e.g. as I think thats the best route to follow, as I am left with either a fresh application (which I know the HO would refuse and maybe certify) or pursue it legally


My daughter was born in 2008 here in the UK and has her UK citizenship in place and it was the HO that destroyed both my marriage and immigration history

24th October 2018 the Supreme Court Landmark ruling
https://ukhumanrightsblog.com/2018/10/2 ... nded-look/

Original article is here https://www.supremecourt.uk/cases/docs/ ... dgment.pdf

[Obie]

The court is very correct. Unlike an EEA appeal, so f the Home Office certify your claim, then your only means of securing remedy is a JR.