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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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, I need some help with my immigration status

Customer Question

, I need some help with my immigration status. I'm a single mother of a 5 year old. My student visa expired June 2011. I put in an extension visa 2011 but was refused. Put in another, was refused. A judicial review was put in late last year.  What can I do?

Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
,
Thanks question.
What nationality is your child?
Where is the father of the child? If in the UK, what is their immigration status please?
Kind regards,
Tom
Customer: replied 2 years ago.

She was born here but I presume she'll have my nationality which is Nigerian. Her father is jamaican and has been deported from the UK.

Expert:  Thomas replied 2 years ago.
,
Were your previous applications rejected because you were an overstayer?
If not, please state why they were rejected?
On what basis did you apply review? Have you heard back on the judicial review?
Kind regards,
Tom
Customer: replied 2 years ago.

The first time, I was refused because I didn't have enough money in my account, the second was because I didn't have a CAS number, as the school had problems with the home office. Then I applied leave to remain as I've got all my family here and are British. After that was refused we put a reconsideration june 2013 which I didn't know the home office had rejected until I went see my MP June 2014 and was informed that it was rejected December 2013. I was then introduced to a barrister that same June who who claimed to have put in a claim review but in November, I called the upper tribunal to ask if anything was filed but I had no claim in. That was when my solicitor put in a fresh claim in.

Expert:  Thomas replied 2 years ago.

Thank you question and patience, I’m Tom and I’ll try to help you.
Your options are fairly slim in that you appear to have submitted the two options of last resort, which are a discretionary application and judicial review.
Judicial review can take a long time and so you will have to wait until you hear back on this. If you are not successful at judicial review then I cannot see that you have any further options.
You could submit another application leave to remain, but if this was rejected previously then your chances are slim. Your chances would improce considerably once the child reaches 7 years old.
A child who was born illegally in the UK and has remained her years generally can apply to remain on the basis of human rights in that it would then be un reasonable to expect them to be uprooted and start their life again in a different country at such a sensitive age.
You could then possibly apply on the basis that you are the mother and that you have a genuine and subsisting relationship with the child.
It’s a long time to wait of course, but in the circumstances it does seem like you have exhausted the other options.
I really am sorry, it’s a horrible position to be in
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 reply. But my solicitor has asked that we put in an application (FP)?

Expert:  Thomas replied 2 years ago.
,
Well, yes, that is an application based on human rights (which is effectively what I was referring to as to 7 years). That is an option in as far as it will mean that you will not be subject to deportation whilst it is under consideration but the chances of succeeding are fairly low until your child reaches 7.
Tom
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Customer: replied 2 years ago.

Thomas, can a deported person come back in?

Expert:  Thomas replied 2 years ago.
,
Only if there is a human rights element to the application (ie. if other family were in the UK - spouse or child).
Tom
Customer: replied 2 years ago.

He's my daughter's father but we are not married. He did time in prison sometime ago and deported after.

Expert:  Thomas replied 2 years ago.
,
If your daughter obtains ilr then he has a chance but the prison sentence may be an issue you will have to attempt to argue around.
Tom