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Son with Cerebral Palsy - Case Refused - Please Help

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needhelpthankyou
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Son with Cerebral Palsy - Case Refused - Please Help

Post by needhelpthankyou » Mon Jul 30, 2012 11:27 pm

I applied for indefinite leave to remain in 2008 the same year My son was born, I arrived to the UK In 1999 I had a 6 months visa and overstayed, however had children before My youngest son, 2002 I had a child, so was scared to come forward with fear of being removed and being made to leave My first born, however in 2008 I had to apply, My son was born premature and had an obvious health issue, he was kept in Intensive care for 6 months undergoing tests and surgery undiagnosed, I mentioned this in My case, the doctors made it clear he would need many more tests to determine the cause of His ill health, My initial application in 2008 was made making clear I had children here including My youngest who was very ill, I included photos, medical records the lot, they refused Me in 2009 stating:
"Mr XXXX's application of 5Th November 2008 was refused as there were no exceptional or compassionate circumstances in His case which would merit exercise of discretion and granting of leave outside of the Immigration Rules

therefore My sons illness had been overlooked, I was also given no opportunity to appeal, they told Me to leave leaving Me in "limbo" I have not and will not, I have applied for a reconsideration in October 2011 as My son got diagnosed with Cerebral Palsy last year, this diagnosis has shattered Me, His Mother has left Him and refused to look after Him, He is staying with a family member of hers, he should be with me, 4 years after being refused he still cannot walk, he drags his legs bend him crawling on the floor, he cannot use the toilet he wears nappies, and he cannot start a mainstream school, I am devastated, I cannot work to Financially provide for Him, I cannot work to get a home and take him, he is going to need live in care, cerebral palsy has no cure and I know the only "cure" is love and support I am his Father and have pleaded with Home office over letters/emails everything, I have gone to an MP to be told they are still looking into it, I complained to them as I Applied for reconsideration last year October all now 10 months later heard NOTHING, not even acknowledgment, they reply with an apology and say they are dealing with such cases in date order, yet My complaint was not just about the turn around times but the total disregard for My child's terminally ill health and need for Me to be here, also the refusal of My first case with no right to appeal on the grounds of having no compassionate grounds, If having a child with a crippling terminal illness, with no mother living in a spare room at a family members of hers house in need of his father who is powerless is not compassionate what is?
why was My sons illness not looked into on the very first application? 10 months later I get an apology for time lapse but NOTHING on My situation, sitting here feeling powerless, pathetic, and useless to My child who is now 4 and in need, all I can do is give him love, I am promising him things I do not know I can give, if I am taken away from this child how will he survive, I plan to spend My life being his carer, giving a fulfilled life the best I can, travel with him, and show him he will be OK and I cannot, instead I am penniless, hopeless and at the end of My road, what do I do? My solicitor scammed Me took My Money paid HO late etc etc am now acting alone in correspondence with them , quite literally pleading, I have 3 children here all of which know Me as Dad, in particular is My smallest, he NEEDS ME, and will ALWAYS need Me, it will not get better for him just more challenging someone please give Me some more advice?

Lucapooka
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Post by Lucapooka » Tue Jul 31, 2012 12:09 am

Your situation is beyond the scope of a general discussion forum where the rules and requirements of immigration are elaborated. You may get tea and sympathy but you won't get tangible advice. You need to talk to a legal professional and take it from there.

needhelpthankyou
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Post by needhelpthankyou » Sun Aug 05, 2012 1:05 pm

Lucapooka wrote:Your situation is beyond the scope of a general discussion forum where the rules and requirements of immigration are elaborated. You may get tea and sympathy but you won't get tangible advice. You need to talk to a legal professional and take it from there.
I am not seeking tea and sympathy, and as I stated I CANNOT afford legal advice, I have had it and ben screwed over twice by both soliciotrs, how else am I supposed to pay for legal advice when I have no way of working and earning Money to pay for it. hence why I am trying My hardest to fight this alone and came here for any advice on what grounds to use, insulting Me and talking of tea and sympathy is uncalled for. Rather than be cold and nasty how about just not pass your point of view, being in this situation is not something I find funny nor am I seeking sympathy from people here I need HELP, directing to legal advice that I have already stated I cannot afford and insulting Me is not helpful.

innocentdevil
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Post by innocentdevil » Sun Aug 05, 2012 2:49 pm

i might have overlooked but did you say your wife (your son's biological mother) has left him and you and your son is living elsewhere. Is that correct?

needhelpthankyou
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Post by needhelpthankyou » Sun Aug 05, 2012 4:39 pm

innocentdevil wrote:i might have overlooked but did you say your wife (your son's biological mother) has left him and you and your son is living elsewhere. Is that correct?
Yes, She and I were never married, yes She left both Her children(one of which being My son) and they currently live with a cousin she has barely any contact with...

innocentdevil
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Post by innocentdevil » Mon Aug 06, 2012 10:27 am

i know of a case where husband didn't extend wife's visa and sent her back out of the UK and wouldn't bring her back and divorced her. They had a kid together.

the woman lodged a case and she were given ILR in the UK because she had a kid in this country. That happened 3 years ago.

But i am not sure if it applies to you. If your wife is a british citizen then your kid automatically becomes a british citizen.

as you have already been to solicitors and they couldn't help, i am not sure if the advice will do any good.

twon2is7
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Post by twon2is7 » Mon Aug 06, 2012 1:15 pm

Just to clarify, you arrived in 1999 with a tourist visa(?) for six months and overstayed.

In 2008 you applied for ILR.

If the above is correct, without considering any other factors, you have broken the rules and therefore do not meet the criteria for ILR. the UKBA does not owe you anything in this regard.

I am not an immigration lawyer so do not know the technicalities of appeals and on what grounds to appeal.

Typically to appeal a case you will need to find the relevant legislation that you are appealing on. What was the reason you came in the first place? Were you a refugee? Was there fear of repercussion if you went back to your home country?

It is these types of scenarios that you would need to investigative. Obiviously you have "settled here" in the sense you have been living in the UK for 13 years. The issue the UKBA will have is these 13 years you have not had the leave to remain. Therefore it will not be counted. Period.

So research all the different grounds for appeal and see if you case matches any of them. Is there appeal on medical grounds? thus taking your sons condition into consideration?

You have to give the Judge/UKBA just reason to grant you leave. Simply pleading your case as poor me is not grounds for granting leave. Find an example in the past of law that gives them the ability to grant you leave and then appeal for it.

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