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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience:  UK Lawyer holding practising certficate for England & Wales.
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i apply for discretionary leave to remain base on long residence,

Customer Question

i apply for discretionary leave to remain base on long residence, other compassionate and humanitarian ground, i came to uk 2004 and my partner from eu national came to the uk in 2008, being married to bristish and divorce and am now with eu national who i have child with, we live together and our son is a year plus.
when i apply, it took then over a year to get back to me and they refuse my application with NO RIGHT TO APPEAL. their reason being that i have only been in uk from 2010 while i have been living in uk since 2004, i dont know where the get the 2010 from and that my partner is not settle in uk, i dont know where they get that from
my son attend nusery school here and my partner have started working 2months ago.
please do advice me on what to do as they did not give me the RIGHT TO APPEAL, i now live in my house with fear that they can come knocking one day to detain me and take me away from my family. please reply asap, thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
When did you received your refusal letter for the discretionary leave application?
What nationality is your partner with whom you have a child?
How long have you lived together in the same property in a relationship?
Kind regards,
Tom
Customer: replied 2 years ago.

i received the letter these week, we being 2yrs together, she is Lithuania,we been living together for like 1yr and 10months

Expert:  Thomas replied 2 years ago.
Hi,
Did you instruct a solicitor to submit your application for discretionary leave?
Kind regards,
Tom
Customer: replied 2 years ago.

he is the one that told me that discretionary leave is what i have to apply

Expert:  Thomas replied 2 years ago.
Hi
Thanks for your reply.
I'm just on my way home and will be able to answer in about an hour.
Kind regards
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
The application for discretionary leave was probably the correct one at the time but i would think there is another one which you will shortly be able to make which will serve your purpose better.
I would relax a little bit for now. Basically, if you have a child in the UK with your Lithuanian partner and you are in a relationship with your partner then deporting you right now is going to be difficult.
I note you have divorced from your previous UK wife. If you were to marry your Lithuanian partner and your partner is in the UK exercising her EEA treaty rights then you could apply for an EEA residence card once your partner has been working for 3 months.
If you are able to prove that you have lived together in a relationship similar to marriage then you would be able to apply for an EEA residence card on the basis that you are an “unmarried partner” of an EEA national in the Uk. Generally they look for evidence that you have lived with your partner for two years so you are only a couple of years short of that at the moment.
However, if applying on the basis of being an unmarried partner you would be best off getting a solicitor to draft the application and ensure that the supporting evidence that you gather together to prove your relationship/cohabitation is sufficient.
The government webpage on residence card applications is here:
https://www.gov.uk/apply-for-a-uk-residence-card/overview
This will be a better option that applying again on a discretionary basis for leave to remain.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

thanks for your reply, what of if they come knocking at my door?

Expert:  Thomas replied 2 years ago.
Hi
Well, don't resist. Just make sure you have your lawyer's number to handy.
In all probability your lawyer will probably suggest to make an application for a residence card almost immediately in any event and so the detention will be none existent whilst this is being considered
Kind regards
Tom
Customer: replied 2 years ago.

OK, one more thing for the fact they gave me no option to appeal, because the state i have no life in uk as i came in here in 2010 while i was in uk 2004, i pass the english course in my previous marriage, i dont think the caseworker that handle my case handle it well, as they got all the fact he used against me wrong is it something i have to tell my solicitor to write to them to reconsider my application? or i have to make a fresh application n waste another £££. my local MP is aware of my case but i haven't write to him to let him know they have refuse me with no right to appeal and what they used against me is all wrong.

Expert:  Thomas replied 2 years ago.
Hi,
Your solicitor will be able to advise you of this because they know your applicaiton best. If you have clearly outlined that you have been here earlier than 2010 in the documents that you have provided then a reconsideration would be the way to go, by outlinng what they have missed in considering your documents.
A reconsideration is free too.
Kind regards,
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom
Customer: replied 2 years ago.

sorry about the late reply, i have been in contact with my solicitor firm that handle my application, they told me the guy that send my application no longer work with them and they want me to make a fresh application base on the EEA.

But i was disappointed with them because they told me the guy that handle my application is being investigated by the police and immigration for making a doggy application to people, i dont know if it is why my application was refuse with no right of appeal. and what pisses me off most is that the sily firm want me to pay another legal fees for the new application. i got piss off with their service because i think all the care about is money and not the client.

Anyway to cut story short i want to contact my local MP about the issue as he is aware of my application, please i want to know if i will need to tell him to write me a letter to used with the new application

because i feel the firm have jopardise with my application because of their doddgy employer

Expert:  Thomas replied 2 years ago.
Hi,
Forget about contacting an MP. You need to instruct a solicitor to deal with your new fresh application under EEA rights, nothing else will do.
It does not have to be your old solicitor, it can be any immigration solicitor.
If you are not happy with the service that you received from your previous solicitor then you should submit a complaint to the firm then further to the legal ombudsmen if you are not happy with the result:-http://www.sra.org.uk/consumers/problems/report-solicitor.page#how-complain
Kind regards.
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

so i cant apply by myself

Expert:  Thomas replied 2 years ago.
Hi,
You can but you would need to prove that you have lived together for the requisite time referred to above in order to prove that you should be regarded as an "unmarried partner".
You will have to prove this with documentary evdience and it would be best to have detailed written statements execute by you and your partner drafted by a solicitor.
Please do remember to rate my answer.
Tom
Customer: replied 2 years ago.

i don't have anything in our old house due to it was a shared house, but i think we might have the contract somewhere. will ask my partner to check about that. will that help?

Expert:  Thomas replied 2 years ago.
Yes, but it won't get you it on it's own. Bills, letters sent to you there, all that kind of stuff in total will help together with your personal statements.
You will agree that I have more than answered your question now. If you wish for me to assist you in the future please mark your question "FAO Tom" or request my via my profile.
Tom
Customer: replied 2 years ago.

hi Thomas, i forgot to tell u, when i received the letter of my refusal, i stop going to the Becket house to sign on cos i normally sign on every week, but today i received a letter from the immigration saying that

i am formally reminding you that the circumstance of your case have meant that we have been willing to grant you temporary admission/release as an alternative to detention.

What did they mean by these as am confuse? please let me know asap, thanks

Expert:  Thomas replied 2 years ago.
Hi,
I'm not sure, you will have to ask your solicitor.
Tom

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