I am in a rut! I came to the UK in 2003 on a working holiday visa. In 2004, listening to my friends advice, I applied for asylum under a new name and birth date and different nationality. When my working holiday visa finished, I then applied for a student visa. I met my now wife in 2005 at college ...

The fact that she has previously been refused leave to remain and most likely served with removal order means she has scaled one of the hurdles of the seven year concession which says that it is would apply to family who are facing enforcement actions. In addition, there are other hurdles to be scal...

Yes, it is most unlikely that the father would obtain a residence order, but the mother most certainly can. Once she has a residence order, it would be hard for the UK to remove her (albeit not impossible as if there is no other party holding a residence or contact order for the child, a family law ...

If a case is being argued purely under the immigration rules, then perhaps ECHR wouldn't be legally binding. However if an ECHR ground is put forward eg article 8, then an EU caselaw would most certainly be binding! Twin, If you want to state that non-UK ECHR cases are binding in law on the UK then ...

You can only have one WHM visa, ie you can't apply for another after having had one. which is why my advise would be useful to her, then. If she can at least come in on a visit visa (hopefully), she can start court proceeding on the father's child and apply for a DL whilst in process which would al...

As for EU law as I deal with this aspect on an almost daily basis I can assure you non-UK ECHR decisions are not legally binding on the UK. Only those that originate from the UK are binding. All other non UK decisions are merely persuasive as I have already state d Don't assure me of something you ...

Nothing is automatic in immigration! We know! As it is true that Home office still has authority to remove even when there is a contact order, the HO office have in the same vein published that they would seldom remove someone whilst a court proceeding is pending! By the way, I said Residence order!...

You know you are wrong but wouldn't admit it. I never mentioned anywhere that the OP can apply for leave on the basis of court proceeding whilst outside the UK. Calm down and stop thinking you know it all and re-read my posts. I have advised that the OP find a way to return to the UK on a similar vi...

I concur. Gentlemen, If you read the ladies account,you would notice she said she was here under the working holiday maker programme,those visas are valid for two years,hence the reason she was able to stay for two years,theoretically she can apply for that again giving her the right to work or she ...

Having any court proceeding engages article 6 as it relates to fair trial! So tell me, if a mother applies to the civil court for residence order proceedings and she's given a hearing date in october but the home office decides to remove her in September, you tell me this is fair? Doesn't that autom...

You are wrong about article 6 and I will prove it to you. It has been used on a number of cases in the AIT. A dutch case is an EU case. Article 6 is part of European human rights which is ratified by the UK and is part of UK law - you better go figure! Article 6 isn't only for criminal cases, it is ...

As per the visa issue, I think once she gets here and file a court proceeding in the civil court, she can apply to the Home Office for a 12 year discretionary leave to remain on article 6 of the EU human rights (citing cilitz v netherlands) and she should get it. That would enable her to proceed wit...

isn't it possible to get another visa to return to the UK just like you got the first time? If it is then I suggest you return to the UK and find a way to make him take paternity test. Once you can prove paternity, I think there might be a way for you to apply for British citizenship for your child....

Pardon me asking but you do sound very knowledgeable in the field of immigration. Are you an immigration advisor or solicitor by any chance? Regards, Twin. WB, You're right. Most other groups are still too scared to go. I've had one spouse back, 2 gone and waiting, and 2 students preparing to leave ...

perhaps you might want to peruse the AIT case laws to search for a case that mirrors yours where their appeal was won and use it in your argument. which paragraphs was he refused on? He was refused under paragraph 320(11) Personally, i'd save some money and reapply. It isn't so bad as he wasn't refu...

There is currently a concession in place for overstayers who return home before the 1st October to seek entry clearance. Basically they wouldn't be banned which is what I think your solicitor was referring to. Even better though is the subsequent announcement from the immigration minister not to ban...

there is the chikwamba case law in your favour so in the long run, you should get your visa but when? The quickest way is to return to China and apply for spousal visa or Rights of Access to a British child visa. You have two options. You will get a better visa instead of a 3 year discretionary and ...

My Husband was refused settlement in the UK, because he overstayed, worked illegally and admiited obtain false entry clearance stamps in Nigeria to cover his oveystay in the UK :( . This happened b/4 we met. since we met he has tried to do the right thing he returned to nigeria we got married appli...

My Husband was refused settlement in the UK, because he overstayed, worked illegally and admiited obtain false entry clearance stamps in Nigeria to cover his oveystay in the UK :( . This happened b/4 we met. since we met he has tried to do the right thing he returned to nigeria we got married appli...

I dont mean to seem harsh but I think the deception is the main reason for the refusal which in itself is wrong as I am assuming that your husband admitted this in his interview. They try and use the overstay as a reason to refuse an application but some judges dont see it as a problem You need to ...

Well I don't think there will be any ban so you should be allowed back straight away if you are succesful. I don't know the status of the significantly contived test though. See my pm I don't fully understand your situation though. When you went to the last company you worked - the one that applied...

Hi, first time poster! :lol: My work has asked to see my passport (along with all my none UK colleagues) as they are reveiwing the rights to work of all staff. I've worked there for 10 years now. I have Indefinite Leave stamped on my US passport in the Visa section, and have lived in the UK for mos...

There is no easy option with your circumstances. Article 3 claim is pointless, if your country of origin has treatment for HIV, regardless of the fact that you can afford it or not, your claim will fail. As you note, the only individuals with any hope are those with full blown Aids. HIV+ is not see...

Thanks Arshad, i've got things covered. I only lost it for a while. Please people, help me make sense of this: The points-based system will rationalise and simplify our existing system for controlling immigration by migrants who wish to work or study in the UK, so that only the migrants we need are ...

I just know that the Chen ruling allows for parents to work, meaning you can support yourself through employment. No, Chen ruling doesn't allow parents to work, its UK route "right of access to a child" that allows. You should remember that any non-EEA relatives who are granted leave to e...