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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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Hello there,I and my family applied for Leave to Remain in

Customer Question

Hello there,
I and my family applied for Leave to Remain in the UK under the Human Right Article 1998 on the 3rd March in 2009. This was refused on 28th August 2009 and a Human Right Article 8 allegation was made on 8th September 2009 by my representative in relation to the refusal.
On the 27th of June 2013, l was served with the notices IS.15A and IS.151A Part 2. which my representative challenged that was not in accordance with the law because a refusal of a human rights claim should be followed by servicing of form IS.151B not IS.151A Part 2 and that the Home Office has failed to follow the guidance in her practice manual and in the process denied my family an in-country right of appeal.
My wife and daughter have been given a temporary admission and they have been reporting to immigration enforcement office since 2007. They are since been suffering emotionally, psychologically, physically and mentally from the trauma.
My representative wrote the Home Office on the 4th July 2013, 5th February 2014, and March 2014 to reach decision on our application as soon as possible. I rang the the Home Office general enquiry in November 2013 and I was told that a decision was made in October 2013 and that they maintain their decision which neither l nor my representative received a copy of that decision.
My representative wrote a letter again on the 5th February 2014 for a copy of the decision made in October 2013 and again on the 24th March 2014. The Home Office has not responded and been silence about our immigration matter and to reinstate our family life which has been suspended for seven years.
However, my representative wrote another letter on the 2nd June 2014 for reconsideration of my application.
My representative believes that my daughter satisfies the rule under the Paragraph 276ADE (iv) and therefore should be granted indefinite leave to remain in the UK. As my daughter satisfy the above immigration rules and will be granted leave to remain in the UK. My representative therefore request that I and my other family members (as the primary carers) be considered leave to remain in light of the above.
What would you advise or suggerst to do as i am still awaiting their decision
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

That is fine. No problems.

Thanks.

I have been in UK since 2002 and my partner since 2005.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

How long would it take. i can only wait til friday 11th July 2014.

Thanks

Ade

Expert:  Nicola-mod replied 2 years ago.
Hello,
I'm afraid JustAnswer cannot guarantee a time, but most questions are answered in a timely manner.
We will continue to look for someone to assist you.
Thank you,
Nicola
Customer: replied 2 years ago.

ok

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
I have just been notified of your question and apologise for the delay in answering it. Your case is very complex as you may well know.
I would advise you to forget about your previous applications to the Home Office and make a new application on the basis of being parents of a child who has lived in the UK for at least 7 years. Your application should be for parents under the 5 year route and the form to use is FLR(FP), see below
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/300927/FLR_FP__04-14.pdf
It is very likely that your application will be granted on the basis of your daughter having spent 7 years or more of her life in the UK as a child.
May I help further?
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

ThAnks. Wondering if it would be necessary to include my son who is 5ysrs in the application because he is not 7years yet.

Also the previous application says we can appeal from outside the UK which is not accord to the law

What do u think.

Expert:  UKSolicitorJA replied 2 years ago.
Yes, you should include him in the application as well. The main ground is for leave to remain on the basis of your daughter having lived in the UK for 7 years or more.
It does not matter that your son is not yet 7
As advised previously, do not worry about the previous applications.
All the best, ***** ***** feedback
Customer: replied 2 years ago.

thank so much


 


i read about this new rule. what does it mean.


 


align the Immigration Rules on family and private life in Appendix FM and
paragraphs 276ADE-276DH with the public interest considerations in section
117B of the Nationality, Immigration and Asylum Act 2002 which apply to
decisions engaging the qualified right to respect for private and family life
under Article 8 of the European Convention on Human Rights. The changes
also align the Immigration Rules on family and private life in Part 13, which
relate to foreign criminals, with the public interest considerations in sections
117B and 117C of the 2002 Act. These considerations are inserted by section
19 of the Immigration Act 2014, which comes into force on 28 July 2014;
• align the Immigration Rules in Part 13 which relate to foreign criminals with
the power to certify human rights claims where there is no risk of serious
irreversible harm from removal pending appeal contained in section 94B of
the 2002 Act. This power is inserted by section 17(3) of the Immigration Act
2014, which comes into force on 28 July 2014;

Expert:  UKSolicitorJA replied 2 years ago.
Please ask your further question as a new question as it is not related to your original query and I have not yet studied the proposed rule changes which you refer to.
Customer: replied 2 years ago.

ThAnks. Wondering if it would be necessary to include my son who is 5ysrs in the application because he is not 7years yet.


Also the previous application says we can appeal from outside the UK which is not accord to the law


What do u think.

Expert:  UKSolicitorJA replied 2 years ago.
Please make a new application as advised by me previously and include your son as well.
Customer: replied 2 years ago.

Hello,


You could not believe this , I received a letter from the home office – One Stop Warning under section 120 of the nationality, immigration and Asylum Act 2002 and form IS76- Statement of Additional Grounds. This was completed and returned to them.


In the form, I Stated that under the Appendix FM of the Immigration Rules my Daughter has been in the UK in excess of 7years and also under the paragraph 276ADE (vi) of the immigration Rules as i have no ties in my country of origin and my only tie is in the UK. Also it would not be safe for myself and family to be returned to Nigeria following the current Ebola virus alert in Nigeria and west Africa as a whole which would put our health at risk and also i mentioned my daughter health issue eyes and leg and mine as well due to high Blood pressure in borderline. With all the evidences But the Home office refused it and i was given right to appeal against the decision within 10days.


What do you think i should mentioned in the appeal form please.what would you advise.


 


Thanks


 


Looking forward to hearing from you.


 


Yours sincerely

Expert:  UKSolicitorJA replied 2 years ago.
Please make a new application as advised previously.

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