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Need Help Regarding Refused Leave to remain

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talk2majid
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Need Help Regarding Refused Leave to remain

Post by talk2majid » Sun Oct 30, 2011 9:17 am

hi i m an illegal immigrant who is in uk since 2004 , i got married to a scottish women and applied for visa on the basis of visa , i got refused for visa and the even didnt give me to right of appeal and ask me to prepare to go back to my home country, my lawyer says the only option we have is to ask for a review of the application .. i dont trust my lawyer coz i think he playing another trick for making some extra money.
my question is can we ask for review of application
is there anything i can do to stay here
thanx

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Casa
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Post by Casa » Sun Oct 30, 2011 9:57 am

Marriage to a British Citizen doesn't give you the legal status to apply for a spouse visa under the UKBA regulations from within the UK. If you have children together you may be able to apply for Discretionary Leave (DL).
Did your solicitor explain the option of returning to your own country and applying from there? Without knowing the full facts, it would be impossible to advise whether a review would be worthwhile.

talk2majid
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Post by talk2majid » Sun Oct 30, 2011 10:02 am

i applied for DL and we had a misscarriage recently but dont have any kids
and laywer said that he is going to make an application in some european court and a review of this case

talk2majid
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Post by talk2majid » Sun Oct 30, 2011 10:11 am

this forum is full of knowledge full people guys is there anything i can do while living in uk , my lawyer didnt mention anything about going back to pakistan he was very possitive about the review and making an application in european court

kipkip
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Post by kipkip » Sun Oct 30, 2011 10:24 am

hi i was in the same stituation as you, we did judicial review and i was not lucky, i had to go back to my country. what i can tell you is try to fight within although you have to spend.
Who shall separate me from the love of Christ? shall tribulation, or distress, or persecution, or famine, or nakedness, or peril, or sword? or even VISA REFUSAL?

talk2majid
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Post by talk2majid » Sun Oct 30, 2011 2:31 pm

how can i fight within , what options do i have
one of my friend suggested to challenge the decision in the court instead of asking for review , does this make any sense

ajmal
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Post by ajmal » Sun Oct 30, 2011 8:50 pm

talk2majid wrote:how can i fight within , what options do i have
one of my friend suggested to challenge the decision in the court instead of asking for review , does this make any sense




Go for review within UK as advised by your lawyer.

talk2majid
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Post by talk2majid » Tue Nov 01, 2011 8:03 am

my lawyer has filed the review application , but its not a judicial review he asked for , i sent some supporting letters as well for the questions they raised , hope all go good.
and i will come back with the response i get from home office
thanx for ur help guys

Monifé
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Post by Monifé » Tue Nov 01, 2011 3:40 pm

Going through the courts is going to be a very lengthy process. Also, you mentioned something about your solicitor applying to the European Court. Firstly, to do this, you need to exhaust all the courts in the UK and then from the Supreme Court it would be appealed to the European Court. This can take many years.

I think your best option would be to return home and apply for the spouse visa from Pakistan. They cannot refuse you if all you did was overstay your visa. However, if you have had any criminal dealings, you might be better to stay in the country and fight it, but be prepared that it will take a long time.
beloved is the enemy of freedom, and deserves to be met head-on and stamped out - Pierre Berton

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