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human rights article 8

Posted: Tue Aug 21, 2012 8:08 pm
by chohic
I've been in the UK for 14 years now.
I came in to the UK in 1998 when I was 10 years old as a dependant to my mother. today is my 14th year now.
I'm now an overstayer and staying here illegally.
Few years back I decided to stay here until now so I could apply ilr
under 14 years long residence rule but I found out few weeks back that
the 14 years long residence rule has been abolished.
I'm currently seeing a solicitor and he has suggested me to make an application under private life article 8.

- be aged 18 years or above but under 25 years and have spent at least half their life residing continuously in the UK;


Can somebody help me and let me know what are the chances for me to receive a grant under human rights application?
I'm now extremely nervous, worried and feels hopeless and having to think about all these years I've waited, I cannot sleep.
thank you for reading and please help me.

Posted: Wed Aug 22, 2012 12:28 pm
by asim72
- be aged 18 years or above but under 25 years and have spent at least half their life residing continuously in the UK;

If you meet the above requirement, then you need to make application under this rule. Simple.

Posted: Wed Aug 22, 2012 1:18 pm
by peppekalle
Get in contact with an immigration lawyer.They will be able to help you.You might be entitled to legal aid.

Your local law center might offer immigration advice.Contact a lawyer as soon as you can;UKBA have no compassion and if they catch up with you they will remove you within 72 hours and trying to find a lawyer whilst in detention is hard and the costs are prohibitive.

Re: human rights article 8

Posted: Wed Aug 22, 2012 2:42 pm
by 14years
chohic wrote:I've been in the UK for 14 years now.
I came in to the UK in 1998 when I was 10 years old as a dependant to my mother. today is my 14th year now.
I'm now an overstayer and staying here illegally.
Few years back I decided to stay here until now so I could apply ilr
under 14 years long residence rule but I found out few weeks back that
the 14 years long residence rule has been abolished.
I'm currently seeing a solicitor and he has suggested me to make an application under private life article 8.

- be aged 18 years or above but under 25 years and have spent at least half their life residing continuously in the UK;


Can somebody help me and let me know what are the chances for me to receive a grant under human rights application?
I'm now extremely nervous, worried and feels hopeless and having to think about all these years I've waited, I cannot sleep.
thank you for reading and please help me.
Asim is right if you are under the age of 25 and have spent more than half of your life in this country than you can apply under new immigration rules which is better than applying under article 8. Your article 8 will also be consider if you make an application under immigration rules. I would suggest to apply through a solicitor and provide him as much information as possible to support your case.
New rules have advantages and disadvantages, firstly under new rules your time clock wont stop just because you were issued with a letter of intention to deport it has to be a notice of deportation. But on the other hand if your application is successful than you will be on a 10 years route to settlement unlike under 14 years application you would get ILR straight away if your application is successful.

Posted: Wed Aug 22, 2012 9:00 pm
by cometotheuk
Submit your application to the UKBA as soon as possible, before your 25 years birthday, do not delay.