Refused under article 8, Any help or advice?

[Devastated]

Hi guys,
Its nice to see how you helping each others with comments n suggestions, really appreciate that as well as the moderators and administrators, its a big help as immigration problems are indeed Depressing and devastating.

Well i am an overstayer, arrived in UK in 2003 on visit visa with my husband and was pregnant. Had my son in the same year within two months of arrival. and he is now almost 7 years old.
I applied for ILR under human rights article 8 three months ago and got refused within three months, they said they didnt find anything satisfactory or compassionate to provide me such grant leave.
it can be something like my solicitor didnt represent my case properly as in refusal they nowhere mentioned my son, it was a refusal on behalf of my husbands statement which was made by solicitor only.
My solicitor now , after refusal, applied for removal directions under section 395C so that he can appeal on it because there wasnt any right of appeal on refusal decision.

Anyone can help me in such case? Any good chances in such cases?
is my solicitor is doing the right thing as i doubt on it for sure but just havnt found another good one yet.
Anything can help me to make my case strong?
Anyone got any info on such cases, will be very helpful.
Many thanks in Advance,
God Bless.

[Wanderer]

What is your home country? If it's a safe one it's reasonable for you to return and apply as we have had to, on the other hand if your country is war torn it would be harsh to deny you an in-country switch.

[Devastated]

Well we are from India, and therez no war or anything there .
Wont they consider the childs time spent in UK or sattled life, established business and strong connections in UK?
We have no connection back home[Genuinely].
No home, and no connection with anyone with family.
No chance in such circumstances?
plz reply,
Many thanks.

[Wanderer]

Well we are from India, and therez no war or anything there .
Wont they consider the childs time spent in UK or sattled life, established business and strong connections in UK?
We have no connection back home[Genuinely].
No home, and no connection with anyone with family.
No chance in such circumstances?
plz reply,
Many thanks.

Nah, it's about proportality, it's not so hard for you to return and apply formally, unless you can prove otherwise.

The child is not the issue, he/she can remain in UK while you sort out your status. Really it's the only way, the alternative is endless appeals and reapplications and a fight a battle all the way.

I know it seems unfair but why not combine it with a visit to friends, u must have some there, a chance to see your birth country again, but at the end of the day, this mess was caused by yourself sorry to be blunt, and it seems fair that you should be required to apply via the formal channels, otherwise it makes a mockery of all those who have done this the proper way.

Not what you wanted to hear....

EDIT: I just re-read - NONE of you are British Citizens or have ILR?

[Devastated]

Thanks for reply.

I do understand that we are responsible for all this, but isnt there any way out of it now?

we did rely on DP5/96 which is withdrawn unfortunately.
Going back means, finishing my established business here, going back means leaving our home which has everything a home should have, it cant be taken with us or can not afford to leave it.
Going back means my sons education is ruined, he is having SATS this year.
My husband is unhealthy and on medications most of time, had three surgeries in last year[ not serious issues but still unwell].
In this situation, going back isnt what we can think of,

Any thing that can help us out?

plz help if u can with some suggestions?

Thankyou.

Edit: none of us got ILR, both illegals.

[Wanderer]

Thanks for reply.

I do understand that we are responsible for all this, but isnt there any way out of it now?

we did rely on DP5/96 which is withdrawn unfortunately.
Going back means, finishing my established business here, going back means leaving our home which has everything a home should have, it cant be taken with us or can not afford to leave it.
Going back means my sons education is ruined, he is having SATS this year.
My husband is unhealthy and on medications most of time, had three surgeries in last year[ not serious issues but still unwell].
In this situation, going back isnt what we can think of,

Any thing that can help us out?

plz help if u can with some suggestions?

Thankyou.

Edit: none of us got ILR, both illegals.

'Fraid not - looks a lost cause to me.

Kids are resilient, I'm considering relocating to Germany, kids speak no German but I'm sure they will be fine. SATS are unimportant, except for the School's rating...

So you husband is using NHS care to which he is not entitled, that's another think against you if it is.

Suggest you sell your business, rent out your house and leave before the deportation mob kick in.

Sorry.

[Devastated]

Relocating to a country like India, where no financial support, no hope of job or carrier except temporary shelter from some friends wouldn't be a good idea with a child who doesn't know anything about India or Indian language or culture. We dont want to struggle again to establish the same life again, it wil be devastating for us as well as mentally not acceptable for our child too,
Thats why i am seeking help here.
With a child who is completely attached to English culture and this country, with a husband who is mostly unwell,
person like me who isnt enough educated even to get a job there,
Our life will "END" thats all i think of when i think of going back.


I will keep my Faith in God, and will keep searching for help in case i find something which can help me out.
Lets see.
Thanks for sparing time and replying.

[Wanderer]

Come on, the kid will cope - u sure ur not using him as an excuse?

Anyway, doesn't matter, wait for others but IMHO you've got zero chance I'm afraid, you can't make a silk purse out of a sow's ear especially when dealing with the UKBA Bastard Squad who are hell bent on removing illegals.

[mochyn]

I don't understand why you would apply for ILR under article 8 if you are both illegal.
Were you given advice by someone?

[Devastated]

We were relying on seven years child concession which was withdrawn a year ago when we went to see a solicitor.
He asked us to apply on this and we followed what he said,
Now we dont know what to do.
We indeed have no way back, not at all possible to sattle back there with a child who is unknown to that country.
Especially when we are fully settled now, its not possible to settle again in a country where employment system is even worse, plus how we wil manage our food shelter or medication?
Here we managed all by ourselves without any benefit or public funds.
I dont know what to do, anyone can help?

[immigrationuk2009]

Hi

We were relying on seven years child concession which was withdrawn a year ago when we went to see a solicitor.
He asked us to apply on this and we followed what he said,
Now we dont know what to do.
We indeed have no way back, not at all possible to sattle back there with a child who is unknown to that country.
Especially when we are fully settled now, its not possiblere to settle again in a country where employment system is even worse, plus how we wil manage our food shelter or medication?
Here we managed all by ourselves without any benefit or public funds.
I dont know what to do, anyone can help?

What your solictor did was a disaster.He is such a idiot.

He should have applied on article 8 child saying it would be difficult for child to settle in a completely new environment.He shoudl also have mentioned that they qualify under 7 years policy which was enforced before.

I belive you should make a new human right application on these grounds

I know it is difficult but what solution you have left..I am afraid nothing.

Now your solicitor is doing one more stupid thing by asking for removal direction.What the hell he is thinking.

I would recommend change this stupid solicitor.On these grounds you have little change in appeal as well.Even your solicitor succeeded inn getting appeal rights

UK_Banned_Member

[immigrationuk2009]

Come on, the kid will cope - u sure ur not using him as an excuse?

Anyway, doesn't matter, wait for others but IMHO you've got zero chance I'm afraid, you can't make a silk purse out of a sow's ear especially when dealing with the UKBA Bastard Squad who are hell bent on removing illegals.

You should not blame op.Be positive please.

This gentleman is already in trouble and asking for help.Not for stupid comments.


UK_Banned_Member

[Wanderer]

I am being positive - positive there's no route to ILR here. OP is a female BTW.

[mochyn]

You should not blame op.Be positive please.

This gentleman is already in trouble and asking for help.Not for stupid comments.


UK_Banned_Member[/quote]

Stupid comment?

Yet you say OP is a gentleman.
How stupid is that?

[Devastated]

Hi


What your solictor did was a disaster.He is such a idiot.

He should have applied on article 8 child saying it would be difficult for child to settle in a completely new environment.He shoudl also have mentioned that they qualify under 7 years policy which was enforced before.

I belive you should make a new human right application on these grounds

I know it is difficult but what solution you have left..I am afraid nothing.

Now your solicitor is doing one more stupid thing by asking for removal direction.What the hell he is thinking.

I would recommend change this stupid solicitor.On these grounds you have little change in appeal as well.Even your solicitor succeeded inn getting appeal rights

UK_Banned_Member

@ immigrationuk2009

Thankyou for replying.
Yes me too realised that so looking for a new solicitor.
i made appointment with a few and meeting in next few days, with a hope i wil get a better one.You can suggest someone if u know.
Will it be all right to apply with new application when previous one is refused and removal directions has been asked?
My solicitor didnt even asked/told me that he asked for removal directions, its just when i asked them to send me a copy of what they have done, then only i realised, i was shocked. this is not what i wanted to see.Now i dont want to be with them anymore.
Me too belive reapplying the case for Reconsideration would have been better option.

Also i writing down strong facts these days which can make my case stronger.
Is there anything you would suggest me to make my application stronger?

Many Thanks,
God bless.

[immigrationuk2009]

Hi


What your solictor did was a disaster.He is such a idiot.

He should have applied on article 8 child saying it would be difficult for child to settle in a completely new environment.He shoudl also have mentioned that they qualify under 7 years policy which was enforced before.

I belive you should make a new human right application on these grounds

I know it is difficult but what solution you have left..I am afraid nothing.

Now your solicitor is doing one more stupid thing by asking for removal direction.What the hell he is thinking.

I would recommend change this stupid solicitor.On these grounds you have little change in appeal as well.Even your solicitor succeeded inn getting appeal rights

UK_Banned_Member

@ immigrationuk2009

Thankyou for replying.
Yes me too realised that so looking for a new solicitor.
i made appointment with a few and meeting in next few days, with a hope i wil get a better one.You can suggest someone if u know.
Will it be all right to apply with new application when previous one is refused and removal directions has been asked?
My solicitor didnt even asked/told me that he asked for removal directions, its just when i asked them to send me a copy of what they have done, then only i realised, i was shocked. this is not what i wanted to see.Now i dont want to be with them anymore.
Me too belive reapplying the case for Reconsideration would have been better option.

Also i writing down strong facts these days which can make my case stronger.
Is there anything you would suggest me to make my application stronger?

Many Thanks,
God bless.

You are welcome.As I already said you should focus on human right artcile8 plus saying it would be difficult to cope in new environment after spending 7 years of his life here.

Else everything your new solicitor would guide you.

I can see this is a very difficult case but you have no option left.

Making a new human right application is only reasonable option to me.

God bless you.

UK_Banned_Member

[immigrationuk2009]

I am being positive - positive there's no route to ILR here. OP is a female BTW.

Question is not op is female or male?

Please read your post again and tell me still you thing you were positive.


UK_Banned_Member

[immigrationuk2009]

You should not blame op.Be positive please.

This gentleman is already in trouble and asking for help.Not for stupid comments.


UK_Banned_Member

Stupid comment?

Yet you say OP is a gentleman.
How stupid is that?[/quote]

Nonsense so not worth reply.

Childish as well.

UK_Banned_Member

[mochyn]

You should not blame op.Be positive please.

This gentleman is already in trouble and asking for help.Not for stupid comments.


UK_Banned_Member

Stupid comment?

Yet you say OP is a gentleman.
How stupid is that?

Nonsense so not worth reply.

Childish as well.

UK_Banned_Member[/quote]

Not worth a reply but you show your puerility by replying
It seems you have OCD by your compulsion to comment on anything untoward

[Devastated]

You are welcome.As I already said you should focus on human right artcile8 plus saying it would be difficult to cope in new environment after spending 7 years of his life here.

Else everything your new solicitor would guide you.

I can see this is a very difficult case but you have no option left.

Making a new human right application is only reasonable option to me.

God bless you.

UK_Banned_Member

@immigrationuk2009

Thanks again for reply.
I met a new solicitor today, and after hearing the whole case,he said we wil wait for the reply of removal directions which already has been asked for, so nothing much we can do but wait for few weeks.
If we get directions, we wil challenge it , if not we wil re apply the case with bit more documents which were missing in first one by my first solicitors stupidity.

I think i will go this solicitor because as i can trust him more than the first one.
He also said that we will stuck to human right article 8 and also the even if the seven years child concession has been withdrawn, the child still spent significant time in this country so we can fight on these grounds.
So as you said, He also said same thing,
Lets stuck to human right article 8 and wait .

Its a genuine case, nothing fake but a genuine good history in England, paid taxes, volunteer work, and always contributed without claiming any single penny from public funds/benefits.

Plus a high danger of life
[can be proven or they can investigate too] if sent back home.

so fingers crossed,
Thanks for sparing time to reply and suggestion.
God bless.

Do let me know if anything u think can help me in my case.

Cheers.

[immigrationuk2009]

You are welcome.As I already said you should focus on human right artcile8 plus saying it would be difficult to cope in new environment after spending 7 years of his life here.

Else everything your new solicitor would guide you.

I can see this is a very difficult case but you have no option left.

Making a new human right application is only reasonable option to me.

God bless you.

UK_Banned_Member

@immigrationuk2009

Thanks again for reply.

He also said that we will stuck to human right article 8 and also the even if the seven years child concession has been withdrawn, the child still spent significant time in this country so we can fight on these grounds.
So as you said, He also said same thing,
Lets stuck to human right article 8 and wait .

Its a genuine case, nothing fake but a genuine good history in England, paid taxes, volunteer work, and always contributed without claiming any single penny from public funds/benefits.

Plus a high danger of life
[can be proven or they can investigate too] if sent back home.


Cheers.

If you can also prove danger to life if return then this is a very strong argument(i.e artcile3 of human right).Also add this to your application.

Let wait and see from home office.

UK_Banned_Member

[immigrationuk2009]

You should not blame op.Be positive please.

This gentleman is already in trouble and asking for help.Not for stupid comments.


UK_Banned_Member

Stupid comment?

Yet you say OP is a gentleman.
How stupid is that?

Nonsense so not worth reply.

Childish as well.

UK_Banned_Member[/quote

Not worth a reply but you show your puerility by replying
It seems you have OCD by your compulsion to comment on anything untoward

Thanks for your valuable input.
This was very helpful to the question as asked.
I wander why you come and reply when you have nothing to add to the immigration question asked.

If you have nothing to add then go and watch TV.

[mochyn]

again untowards.

You are so invidious

[mochyn]

You should not blame op.Be positive please.

This gentleman is already in trouble and asking for help.Not for stupid comments.


UK_Banned_Member

Stupid comment?

Yet you say OP is a gentleman.
How stupid is that?

Nonsense so not worth reply.

Childish as well.

UK_Banned_Member[/quote

Not worth a reply but you show your puerility by replying
It seems you have OCD by your compulsion to comment on anything untoward

Thanks for your valuable input.
This was very helpful to the question as asked.
I wander why you come and reply when you have nothing to add to the immigration question asked.

If you have nothing to add then go and watch TV.

Why do you make such insulting posts?

Do you suffer from an inferiority complex?

[BLK235]

You should not blame op.Be positive please.

This gentleman is already in trouble and asking for help.Not for stupid comments.


UK_Banned_Member

Stupid comment?

Yet you say OP is a gentleman.
How stupid is that?

Nonsense so not worth reply.

Childish as well.

UK_Banned_Member[/quote

Not worth a reply but you show your puerility by replying
It seems you have OCD by your compulsion to comment on anything untoward

Thanks for your valuable input.
This was very helpful to the question as asked.
I wander why you come and reply when you have nothing to add to the immigration question asked.

If you have nothing to add then go and watch TV.

And you have?