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Clare
Clare, Solicitor
Category: Law
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Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am now a USA citizen but was banned from uk because i gave

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My name is ***** ***** a citizen of XXXX but a resident of the United States of America. I have lived in the states for about two and a half years now with my husband who is a citizen of the states and my 11 months old son.

I travelled to UK as a tourist in 2003 and overstayed my visit, and in the process got pregnant and gave birth to a girl by the name of XXXX on July 7 2005 in XXXl whose father is a British citizen. I was living with my daughter’s grandmother for a while and we became very much acquainted and very good friends. After a while the council did give me a place using some of her information and I lived there with her younger son XXXX for a little. During that period I started working again and XXX brought her mum from Africa to help me look after my child so I could work seeing as I was helping her son with housing situation. At first, she will drive her mum to my home in Snodland whilst I go to work.  After a while she said told me she cannot keep on bringing her mum everyday to my house so she would prefer leaving my child with her for the overnight and I would come see her every morning before work and after work. Thinking she was doing it out of the goodness of heart I obliged because I didn't have any way out. So my routine was I come see my child in the morning and I see her in the evening.

After a while I had some rent issue with the living situation in Snodland so we moved out together with her son and I went to live with her for a little while and then I told her I wanted to go back to London to live with my cousin, at first I went with Annie, but when I got a job, she said to me bring your child so I could look after her and you can come see her every weekend. At the end I accepted because then she Annie had her mum and she was happy to help me out with my daughter. Every weekend I would go visit, so my commute was between London and Maidstone. I would come help her with chores in her house and even when she moved house I was there to help her pack and move out every step of the way. I lived like this for a while and then I told her me and my daughter was living for Africa. I told her I contacted an organization that was going to help me buy a ticket because I have overstayed and when I contacted them it was for me and XXX. It was all settled and I went to my Maidstone to take my daughter, whilst living in their home my mum called and said she would buy the ticket for us so I did not need to go through the organization, so I stopped the process and the my mum bought the ticket. When the ticket was bought and everything packed for me and Annie, that was when Annie Hill and ***** ***** called my mum together and told her it would be in Annie’s interest to have her stay as she would look after her for me until I was settled then I can take her back. I t was so she could have a good life. At first I was hesitant because I love my daughter so much and at that time I had been through a lot and I have no papers to make a good life for her in UK, so I just wanted to take her back with me. When they spoke to my mum, she said it was ok and later on I will just send for her to go to Africa with me.

XXX promised and said when you are ready you can have your child, I am just helping you out and that was in 2007. I left my daughter hesitantly, but because my mum spoke to me I respected her opinion not knowing it was to my own detriment. I left her all the records for Annie and her birth certificate but there was nothing signed as I did trust her words.

I left and the following year she brought Annie to see me that was in 2008 because that was the plan that she would bring as much as she can so I can form a bond with her. She lived with me all the three weeks and then they left because I was in University at that time. In 2009 when I finished my degree studies I asked her to write me an invitation letter so I could come for my child, but she told me she got a British passport for her so she would like for me to write and say my daughter is living in Africa with me as she doesn’t want them to take the passport away from her, and she sent me an invitation but with no mention of my child in that letter, and I didn’t ask further because I thought she was helping me, so she wrote the letter and told the immigration she was inviting me to visit her for her wedding Anniversary. I put in the application in 2009 and I received my passport in 2010 because the immigration found out I have a daughter living in the UK and I have overstayed my visa so I was denied. Looking back I think that was a calculated move by her so I cannot have an access to my child. It was the worst mistake I have made and which I regretted so much.

In 2009 whilst waiting for my passport from the immigration, I started talking to me now husband and in 2010 December we got married. I was excited because knowing I would be moving to the USA and I would have my daughter back.

My problem now is that since I came to the USA, I have tried in vain for her to send my daughter back to me, foe even a holiday but to no avail. Every time I ask her about sending her over for even the holidays she would say not yet, and when I try to force the issue she will tell me she is ready to take me to court for her.

I called her last month since they have a big holiday, and told her I will buy the ticket for her so she could come visit and start getting acquainted with her brother and life in USA, but to no avail. She said she will fight me for her and that the law will support her every way possible.

My daughter’s dad Ansumana Jabatie has been in and out of prison all his life and has not been a very good role model, and at this point for my daughter to have stability I would be happy if she can come live with and eventually live in the USA with me.

In August, Annie Hill applied for a contact and residence order for Annie and the court granted her the order.

I tried my best to get a visa to go for the court hearing which was scheduled for the 10th of October but to no avail and I have still not heard from the British High Commission for my visa and I believe that I would be denied. I was denied few months after the court case and has been permanently banned from England, so now I have no way of seeing my daughter

All the information was forwarded to the court as I could not afford a legal representation but she was granted the other and they said I can appeal but unfortunately cannot afford to pay for one.

I went ahead and file with the International Hague and a lawyer was assigned to my case, but I applied for legal aid and was denied even though I cannot afford to pay the lawyer fees myself.

I have sent information to all the parties responsible even to the commissioner of UK in the USA but to no avail.

My daughter turned 9 in July and I am not able to spend that time with her, I feel like she has stolen my child. Now how do I see my own daughter again? Do I as a mum have a right to look or have my child or the grandmother?

I am now a USA citizen but was banned from uk because i gave false information as a Sierra Leonean. My daughter lives in UK and now i have no access to see her. What can i do? can i appeal my ban. The grandmother went ahead and asked for custody for my child and because i cannot travel to the uk i don't get to see her at all. she refuse to have her come for the holidays.

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity you were in fact refused a Visa for the Court case - is that correct?
When did you last see your daughter?
Clare
Customer: replied 2 years ago.

yes i was denied visa in 2012 for the hearing, so she was given the child without me having any say.This is because i was refused when i applied in 2009 and i did lie about some information because of the information given to me by the grandmother because she was the one that gave me an invitation letter. She said i should not say anything about my daughter, she wrote the letter and told them i was going to visit them for her anniversary party instead of saying she had my daughter i thought she was helping.

I last saw my daughter in 2010 and have not seen her since. I have tried everything but she makes it so difficult.

Customer: replied 2 years ago.
Relist: Other.
I have waited too long for a reply
Expert:  Clare replied 2 years ago.
Hi
At the time of that hearing was any provision made for you to have contact with the child?
Clare
Customer: replied 2 years ago.

No there was no provision. I called and told them my situation and they said they cannot change the date or make any changes.

Expert:  Clare replied 2 years ago.
Hi
Do you speak to the child on the phone/skype etc?
Clare
Customer: replied 2 years ago.

i used to speak to her on skype and phone. the grandmother makes it so difficult that i only speak on phones and that has been difficult sometimes.

she said her internet not working properly.

Expert:  Clare replied 2 years ago.
Hi
Your option is to apply to the court for a Child Arrangement Order which sets out a clear pattern of contact initially skype and phone contact then Contact in Europe and eventually contact in the States.
This will take months and years and it is unlikely that your daughter will come to live with you in the States unless she actually choses to do so
The fact that you cannot come to the UK could be challenged on Human Rights grounds HOWEVER given that you only need one battle at a time it would be more appropriate to simply deal with the matter by way of a Video link for the hearings
It will not be easy to make this application in person at such a distance - but it is not impossible.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

I went through hague and i did get my application accepted but because i could not afford the legal fees and i was denied legal aid in the UK.

This lady that has my child filed with her husband and now the husband is dead. Does that count for anything. Do i have a grounds to have this ban looked at? should i contact an immigration lawyer for this reason? My daughter is gonna turn 10 this year. Am not a useless mum, her dad has been in and out of prison all his life. The mum makes sure my child see the dad even though he is a criminal. Can i file for visitation access?

Does it count that she was the one who told me to lie and made me loss my status because i thought she was helping? Please advice?

Expert:  Clare replied 2 years ago.
HI
I am sorry but none of this will assist you at this stage in terms of achieving contact with your daughter.
You can challenge the ban to allow you to attend the Court Proceedings - and indeed to have contact - but this will further delay your application for contact
Clare
Customer: replied 2 years ago.

I don't have any court proceedings now. can i still challenge this ban? If so how do i do it?

Expert:  Clare replied 2 years ago.
Hi
You will have to appeal the refusal of the Visa
Details here
http://www.newlandchase.com/nc_blog/article/the_uk_immigration_appeal_process_demystified
Clare
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