Need help urgent please

[muroora1]

I am very stressed at the moment and dont even know where to start. I applied with my family for discretionary leave to remain after advice from a solicitor. Initially i had applied for post study that was last year in October but due to a gap in funds i was refused but the solicitor suggested i withdraw the appeal and apply for discretionary. I received a letter today from the solicitor stating (30 Oct) stating refusal of my application and no right to appeal. It also states that our documents have been forwarded to the regional caseownership unitlocal enforcemnt office and i should contact by 1 November. The home office letter is dated 22 October. It also states that 'should you fail to leave enforcement action will be taken against you. Further consideration can be gfiven to your case at that stage which could result in you being served with an enforcement decision which may genrate a right of appeal'.

Please can someone suggest anything i dont seem to have much time and thank you.

[Mr Rusty]

If the letter of 22 October invites you to leave the UK, you are normally given 28 days to do so. By my reckoning that takes you to 19th November. If you leave by then, you will be free to make another application for Entry Clearance which can be considered on its merits. If you remain in the UK beyond that date you risk being arrested, served with a notice as an overstayer,detained and put on a plane. In that case you would be banned from making another application for up to 10 years.

If you are served with a notice (IS151a) as an overstayer, you would have a right of appeal against the decision, but only after you have left the UK. The only circumstances in which you would have a right of appeal before being removed would be against refusal of an asylum or human rights claim. That is a very high-risk strategy as a means of remaining in the UK, and if your appeal was lost you would certainly be removed and could forget ever coming back. In the meantime you would have no right to work.

Go and see your solicitor and if he agrees that my interpretation of your case is correct, then make your arrangements to leave the UK as soon as possible. Contact the enforcement office where your file has been sent and tell them you wish to make a voluntary departure. Presumably they have your passport - once you have notified your flight details they can arrange for you to pick it up as you are leaving.

The only other option is an action for Judicial Review in the High Court if your solicitor believes that you can show that they have made a legal mistake in deciding your case. But that would cost you several thousand pounds and if the case is not accepted for hearing you wouldn't prolong your stay in the UK by very much.

[muroora1]

thank you. i havent slept much. the lawyer left out some information e.g close family ties my husband who is my dependent has close family ties such as 4 sisters in UK, UNCLES, AUNTIES ALL settled like with indefinite and british citizenship. his parent passed away so no close relations in africa except grandmother and his mums brother

[muroora1]

sorry forgot to ask according to the information I added does judicial review work for me

[vinny]

See also JR.

[muroora1]

Thank you soo much. This really helps.

[avjones]

thank you. i havent slept much. the lawyer left out some information e.g close family ties my husband who is my dependent has close family ties such as 4 sisters in UK, UNCLES, AUNTIES ALL settled like with indefinite and british citizenship. his parent passed away so no close relations in africa except grandmother and his mums brother

Generally, your husband's family life will be considered to be with you and any children - not with other adult relatives such as sisters. That by itself won't help much.