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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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This question is for Jo C (barrister) or Howard only. I

Customer Question

This question is for Jo C (barrister) or Howard only. I came into the Country in 2004 as a visitor from Nigeria and has since remain in the country. In 2007, I started a relationship with a British citizen and we moved in together in 2008/9. We have been living together since then. I made my first application for leave to remain in 2010. Sadly it was refused. Home Office pointed out that we did not have enough proof that we have been living together for 2 years. in 2011, i made another application, this time with proof of 3 years of me and my partner living together. It took Home Office almost more than 1 year to finally respond saying the law has changed and therefore I the application is refused with no right of appeal in November 2012. The main argument of Home Office in their refusal letter is that I have no children. I changed law firm. The new solicitor wrote to HO (home office) to reconsider my application as our relationship is genuine. However, HO responded back 3 months after saying they were not under any legal obligation to treat any application that has been refused. Subsequently, my new solicitor has written "letter before action" instructing the HO to looking into the matter or we could go to court. About 10 reminder has followed and one year later, we have not heard any response from HO. A LITTLE ABOUT MYSELF ( IF THIS COULD SHED MORE LIGHT ON MY CASE) My partner has a good job as a specialist in health and safety and has been in the same job for more than 10 years. I have studied in this country gaining BTec in Building Construction, HNC in civil engineering and currently a student of mathematics with university of Bolton without any recourse to the state. I am a mathematics tutor doing voluntary maths tutorials for ethnic minority in Southeast and East London (in fact, some of the parents wrote to support my application). I am also a motivational speaker helping ethnic minority gain their stand in this complex society so they could have an understanding of this country and be able to gain employment instead of going into life of crime. I have organised many free seminars with proof. I have a cleaning company that currently employs about 11 staff ( I have to used my partner's name to register the business as a result of my immigration problem. however, there is proof that I own it) I have participated in many clinical trials for the advancement of medicine in this country. My brother and I fled Nigeria when religious fanatics killed our grand parents in Jos Nigeria. We dont know our father but my mother has been on sick bed for many years now. My brother was helped to France while I was helped to come to England. The French government has given my brother leave to remain in the country based on his story and even gave me a psychiatric doctor to be looking after him. He sent me some of the medicine once in a while but I stopped using them for some personal reasons. His doctor wrote a personal letter to the HO informing them not to send me to Nigeria as this could trigger another episode of psychotic problem. I think it is unfair for HO not to reconsider my application and offer to the opportunity to remain in this country. My partner is a British citizen who can not get a job in Nigeria. The reason is that his line of work is not available in Nigeria except with oil companies. Sadly British citizens are being taken hostage or killed with these oil companies on a daily basis in Nigeria. Her life will be at risk if she follows me to Nigeria. This is one of the reason we have chosen to remain here in England. Thank you.


What can I do now? How do you think my solicitor can go about this? Thank you

Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am afraid it seems that Jo or Howard are unable to assist you with your query.

In my opinion, there are strong Article 8 human rights arguments in favour of granting you temporary leave to remain in the UK (DLR) as you are in a genuine relationship with a British Citizen and it seems that you would not be able to make a life with your partner in Nigeria I.e. There are insurmountable obstacles to continue family life outside the UK. You should also argue that you do not have any ties with Nigeria as your mother is on her deathbed and there are no other social or cultural ties./>
Your solicitor should lodge a new application for Temporary leave using form FLR(O).

See here for further information: http://www.sunrisesolicitors.co.uk/immigration-applications/discretionary-leave-to-remain

All the best

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