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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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I apply (fp) application and they refuse I

Customer Question

I apply for flr(fp) application and they refuse
My solicitor send preprotocol notice and still wait for reply.
My son born in London and he has sickel cells deases
He is 3 year old
I don't know what happen with my application.
I came as a student and I live here 5years now and
Want to know how strong my case?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year 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 1 year ago.
I'll wait thank you very much
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  UK_Lawyer replied 1 year ago.
Hi, thank you for your question, I will be happy to help you today.
Where is the father of the child?
What nationality is the child?
Can you child be treated in your home country?
What nationality are you?
Kind regards
Customer: replied 1 year ago.
I am father of child and I am in uk with child.
I am an Indian national
Child born in England since born he has sickel cell deases
And I am father of child come 2009 with student visa
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
It is unfortunate what you are going through. The fact is that your case is dependent on what the affects will be on your child If he was to be returned to India. If you have provided evidence that your child can only be treated in the uk and the type of treatment that your child is currently getting is not available in India and if he was to be returned to India his life expectancy can be affected, then you have a good chance of a positive outcome.
If however you are unable to provide any evidence of the fact that such treatment is not available in India and there are no reasons as to why your son is able to have access to such treatment then unfortunately your application or judicial review application is likely to be refused.
If the home office in their refusal letter have stated that there is nothing preventing your child to having access to treatment in India and that treatment is available to him then your chances of success are low and it is pointless appealing the decision.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 1 year ago.
Hai thank you very much for reply and
I provide all document from my child medical condition
Sickle cell deases Doctor gave me on nhs latter that child need to keep in uk and and treat here and treatment leval not same in india
but still they refuse
They mention in refusal latter that treatment available in India in Delhi ***** belong to Gujarat which to far from Gujarat to Delhi and I can't afford as well.
So please suggeste What to do
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
I think the fact that there is treatment available in India would mean that the home office will reject your application. The question then is yes it is inconvenient to you to travel to gujrat, but the medical treatment being available means the home office are very unlikely to issue you a visa. You can try your luck at judicial review, but the fact that treatment is available works against you.
But as your solicitor has submitted or is in the process of submitting a protocol letter with a view to judicially reviewing the decision you should just see what the judge makes of the refusal. This is your best chance.
I hope this clarifies the matter.
Kind regards
Customer: replied 1 year ago.
I really appreciate for reply
And I have one more query
I came 2009 in uk with student visa and I couldn't pass leval I came for study two time and then I had cancer here I have been treat nearly year here and couldn't go college than 2013 I extend my visa again leval 7 courses and I pass but I have exacly 5year take for pass that course and by home office law u can't extend visa if u spend 5year in same course
I got certificate of last visa with pass leval 7
So medical ground count or not count in 5 year cap.
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
It depends if you had been studying during the period which you were ill, if you had been ill and thus been treated medically during that period. You can ask the home office to overlook this period of time.
The issue is that you have to be issued a CAS from the college or university allowing you to studying in the UK, if you can be issued with a CAS then you can apply for a Tier 4 visa and explain why you have not been continuously studying in the UK for the duration of 5 years.
I hope this clarifies the matter. If so please provide a rating so I can get credited for my time.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you sir
If one college issue cas than its ok ?
And I submit cover latter with that I had suffer with Health problem.
What do h think what chance that home office give me visa
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
Yes if a college does offer you a CAS then you can apply on the basis of the CAS and explain the circumstances surrounding your lack of study time during the 5 years.
The fact is that it is all at the discretion of the home office, so the chances are 50/50.
Kind regards
Customer: replied 1 year ago.
My application still with home office apply with flr(p) human right application.
Can I allow to work during my application with home office.
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
Unfortunately no, as you are no longer studying in the UK you will not be allowed to work. You work was only allowed during term time and during vacations, but as of now you are neither studying or on vacation during your semester. Therefore I would not recommend that you work.
Kind regards
Customer: replied 1 year ago.
What about my wife.she is dependant and she working. At moment does she any effect ??

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