Appeal against notice of removal and temporary leave to remain:
Mr Kumar arrived in UK on July 2006 with entry clearance as visitor with his wife, Mrs Kumar, the visa was valid up to January 2007. The couple did not return back to India since their arrival. They been over stayers after the expiry of their leave. They have also got a 5/6-year-old daughter.
In 2013, on advice of Solicitors they have filed application for leave to remain, their application was refused on 11/2013 upon following routes: • Partner route • Parent route §• Private life route • Exceptional circumstance under article 8 of European Convention on Human Right No right of appeal was granted and they didn’t go for judicial review or making any further applications. They kept quite and didn’t pursue it.
Now on March 2015 Home Office (HO) served following notices:
i. S151A notice of removal under section 10 and
ii. IS.96 notice (notice of temporary admission to person who is liable to be detained)
Solicitors have served notice of appeal against the decision of HO at First Tier Tribunal (IAC). The notice has been accepted and hearing is in July 2015. The couple is under great stress these days and they don’t want to return India, They have integrated into the British life and living with their daughter as family unit .
Please answer following specifically:
If appeal is allowed : What will be outcome? Will appellant be allowed to stay or make new application for stay to HO?
I understand the appeal is against the removal notices u/s 10, can we add in the ground of appeal or in appeal bundle to allow us discretionary leave to remain?
OR if the appeal is allowed We need to make separate application to stay ?
What factors we can rely on? Solicitors are saying Art 8 and child welfare etc. what else do you suggest?
Looking forward to hear from you.
Feel free to ask me to claify anything you didn’t understand.
Please answer quickly Thanks