When legal reps mess up your immigration record ???

[panadolextra]

hi guys
quick questions.

What do you do, after you pay a legal rep for advice, assistance and representation and they mess you up ?


1. Case 1: wrong advise

My first time in the UK, when my application expired, I went to a legal rep who asked me to gather some documents, which I could not gather all before the expriation date. So I was wrong advised then, that as long as she issues me an admin letter and wrote the HO I was fine (She applied for a SAR)

2. LATE APPEAL SUBMISSION
When I submitted my appeal, I used a direct access barrister who I met, paid and submitted all documents 2 days into my 14 days grace. However he waited until the last minute before submitting my appeal, despite my complaints, he ignored them and kept saying he will submit on the last day.

He then submitted a day after the grace period.

I got the refusal on friday and the judge pointed out, It was submitted late twice and concluded there was no error of law



Kindly advise
P

[CR001]

Report them to the relevant legal authority.

Nothing you can do about your applications being late or wrongly advised. It is and always will be, the applicants responsibility to submit applications on time.

[panadolextra]

Report them to the relevant legal authority.

Nothing you can do about your applications being late or wrongly advised. It is and always will be, the applicants responsibility to submit applications on time.

who is the legal authority ?

when I realized the submission might be late, I called the tribunal, who said they had noted it.

[CR001]

OISC if it is an immigration advisor registered as an OISC accredited advisor.

Bar Standards Board for a lawyer or Barrister.

[panadolextra]

OISC if it is an immigration advisor registered as an OISC accredited advisor.

Bar Standards Board for a lawyer or Barrister.

How do I ensure that my application is submitted on time, when the barrister refused to submit it, despite repeated chase ups (which was meant by ignoring me)

I have proof he ignored me and i also, I called the tribunal to report him before the window expired.

[noajthan]

OISC if it is an immigration advisor registered as an OISC accredited advisor.

Bar Standards Board for a lawyer or Barrister.

How do I ensure that my application is submitted on time, when the barrister refused to submit it, despite repeated chase ups (which was meant by ignoring me)

I have proof he ignored me and i also, I called the tribunal to report him before the window expired.

Change the representative!

The applicant is ultimately responsible for all applications and submissions. After all you are the one with skin in the game.

[Wanderer]

OISC if it is an immigration advisor registered as an OISC accredited advisor.

Bar Standards Board for a lawyer or Barrister.

How do I ensure that my application is submitted on time, when the barrister refused to submit it, despite repeated chase ups (which was meant by ignoring me)

I have proof he ignored me and i also, I called the tribunal to report him before the window expired.

Doesn't matter, still down to you as the applicant.

Only sure way is to do it yourself, but obvs too late for that now,

[panadolextra]

Hello guys
The HO stopped me from working as my application was refused. I have appealed and process is dragging in court.

I am however out of funds and stranded and dont know what to do, if I leave the country, I would be classified as an overstayer, and I am fighting for my kids.

I spoke to my local MP about funds, but he just wrote me a letter saying he is looking into all aspects of helping me and nothing more

What can I do ?

thank you
PE

[Wanderer]

What visa were you on and why was it refused?

[panadolextra]

HSMP, they said the bank statements were not sufficient

but thats not the important issue, as my barrister is dealing with that.

What I am desperate is about finances, as I have a child and its been dragging in court for years

[vinny]

Posts merged.

[Obie]

I always advise people to be on the driving seat too. Dont live everything to reps pressure them, check them now and again.

[panadolextra]

I always advise people to be on the driving seat too. Dont live everything to reps pressure them, check them now and again.

I honestly dont understand ? do you mean pursue the HO or my local MP ?

and would my local MP be able to assist ? in what manner as it seems if i dont suggest something to him, he does not act

[panadolextra]

Hello,
when permission to the UT is refused what will my options be ?

1. I have kids born here, oldest is 9 this 2017

2. I am told the HO does not play by the books and could detain me ?

[Frontier Mole]

You are highly unlikely to be detained. As a family case - assuming HO know there are children involved- they do not as a rule gather up a parent to remove them as a single person. There are exceptions but those are based mainly on criminal activity leading to a prison sentence type stuff.

As for legal representation - as previously posted you will have to chase the relevant authorities that control / manage the representative in question. A long and often futile experience.

UT refusal - you are struggling if that is the case. If the documents that were need to support your case were not available plus your out of time submissions / application then you are left with very little choice other than JR.

[Obie]

Hello,
when permission to the UT is refused what will my options be ?

1. I have kids born here, oldest is 9 this 2017

2. I am told the HO does not play by the books and could detain me ?

Make a Human Right claim. Your child will be entitled to be registered under Section 1(4) next year.

[panadolextra]

Make a Human Right claim. Your child will be entitled to be registered under Section 1(4) next year.

Thanks for your reply Obie and Frontier Mole

1. What is a HR Claim ?

2. My daughter is still 8 and next year is almost 2 years away ( bearing in mind the year has just started)

3. JR is dismissed what next ?

I am not working and dont have funds, would I still be liable to pay the SOS for the costs if I loose ?

[Frontier Mole]

Human Rights claim - basically it is the last ditch claim when all else fails. Essentially you are claiming an outside the immigration rules right to remain on the grounds that being returned is disproportionate and you are likely suffer or your family will if you return home. Or that your private life in the U.K. Is now so strong to be returned would be unreasonable.

The advice given to go down that route is purely as a time waster to try and claw your way to a possible route through your daughters long stay. HR claims are rarely successful but they come with a right of appeal so you appeal regardless and keep the clock ticking...

JR - if you lose there is a risk of costs being awarded against you. If you have failed to convince two tiers of immigration judges that your case has merit then unless there is something game changing you will probably not even be granted a hearing.

[panadolextra]

Human Rights claim - basically it is the last ditch claim when all else fails. Essentially you are claiming an outside the immigration rules right to remain on the grounds that being returned is disproportionate and you are likely suffer or your family will if you return home. Or that your private life in the U.K. Is now so strong to be returned would be unreasonable.

The advice given to go down that route is purely as a time waster to try and claw your way to a possible route through your daughters long stay. HR claims are rarely successful but they come with a right of appeal so you appeal regardless and keep the clock ticking...

JR - if you lose there is a risk of costs being awarded against you. If you have failed to convince two tiers of immigration judges that your case has merit then unless there is something game changing you will probably not even be granted a hearing.

thanks for you help.

I just got a refusal from the UT for permission to appeal. They said, its unarguable that my daughter 8 is settled and the judge did not accept there was contact (When I showed proof of years of train tickets, monthly payments to my ex and pics from birth to date) He rejected it all, as the contact order I have was for one supervised contact in 2014 which has been ongoing to date

1. My daughter is 8, I was told the HO tends to refuse applications under the 7 year rule.

As both myself and ex wife are in appeal stages, but she wont discuss anything with me, I just deduced it from her actions

2. Do these (7 year application ) applications come with a right of appeal ?

3. Also I was told the HO can detain without warning ? pls advise on this

4. would a JR be my option ?

thank you

[Frontier Mole]

Ok your position is now very different.
You are not the primary carer for your child, now divorced and no right of stay. You are in the zone for removal. Yes they can detain you without warning.

If your stay also depends on your ex getting to remain you are in an even worse position as it can be argued that once / when your ex is removed to your home country then your family life will not in fact be disrupted.

Also given you only have supervised contact at best there is little to say family life will be unreasonablely disrupted if you are removed. You are a very minor part of your child's life based on the access rights afforded by the court order. It will be seen you can have that level of contact through phone and Skype so no need to be here.

[panadolextra]

Ok your position is now very different.
You are not the primary carer for your child, now divorced and no right of stay. You are in the zone for removal. Yes they can detain you without warning.

If your stay also depends on your ex getting to remain you are in an even worse position as it can be argued that once / when your ex is removed to your home country then your family life will not in fact be disrupted.

Also given you only have supervised contact at best there is little to say family life will be unreasonablely disrupted if you are removed. You are a very minor part of your child's life based on the access rights afforded by the court order. It will be seen you can have that level of contact through phone and Skype so no need to be here.

thanks for your candid advise

What can I do ?

My ex is quite unreasonable and its difficult to get her to cooperate.

I spoke to a few solicitors today and they options they gave me are varied

1. Sue the HO to court (which does not make sense)

2 apply for a JR

3. Make a fresh application (Apply for the 7 year rule afresh)

I am also told the courts wont grant me a contact order owing to the precarius nature




What do you advise

[Frontier Mole]

Given your relationship with your ex and your lack of contact with your child any immigration route that relies on them is not even worth considering.

That leaves you with trying to remain your own right and nothing more. Some things to consider:

Realistically does your HSMP claim have any merit whatsoever- be honest with yourself? If it has failed at all attempts so far, is there any possible change likely going forward? When asked earlier you dismissed the question saying your barrister is dealing with it. If there truly is merit in your HSMP claim pursue it to JR. If it is baseless don't waste your money.

You mentioned 7 year rule, sorry I don't actually know what you are referring to. If it refers to your child's stay in the U.K. you derive no benefit due to your lack of custody. Only your ex can benefit from that route and even then only after ten years child residency. So I am failing to see where this would get you in any event.

Taking action for damages against the UK Government. Based on what? And quite correctly you have dismissed the the idea.

I am sorry to say your options appear to be extremely limited. There is no magic solution that will change things as they stand. All routes appear to lead to departure from the UK. That might be the same for your ex and your child too.

[panadolextra]

Thanks for your candid reply

I spoke to my ex yesterday and she is willing to give a sworn affidavit that I have shared custody and begin implemention

What else would I need to show ?

I was advised to apply afresh under patent route or apply with my ex as a family

[Casa]

Thanks for your candid reply

I spoke to my ex yesterday and she is willing to give a sworn affidavit that I have shared custody and begin implemention

What else would I need to show ?

I was advised to apply afresh under patent route or apply with my ex as a family

Forget the idea of applying under the partner route. You don't qualify for this as you are no longer in a subsisting relationship.

[Frontier Mole]

An affidavit from your ex is worthless. No court order to show joint custody and you have already declared that fact. Plus she has no right of stay anyway. You are heading for a another refusal plus deception on your and her account. You are grasping at straws my friend.

You consistently avoid answering the HMSP route likely success question so I am guessing that is totally dead in the water.

Maybe time to think about going home as you are now heading into dangerous territory with your at all cost approach. All that is going to be achieved is a slightly prolonged stay before remova. Once removed you are looking at a 10 year ban on return. So even if your ex gets to stay ( looking unlikely) then you will not get to visit your child.