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Hi Frontier Mole,Frontier Mole wrote:I wish you luck with your JR.
Based on the information you have supplied your JR is likely to fail. The court will strip out the emotional parts of your claim and consider only the bare facts and legal basis.
Looking at it dispassionately your case is extremely weak:
Unless you have written confirmation of the ILR advise given by UKBA at the time you can not rely on that point
You are a long term overstayer
Your partner is also an overstayer
You have begun a family in the UK knowing that you nor your partner have a legal right to remain.
There will be a whole raft of secondary issues thrown into the mix to discredit you if it goes to JR - illegal working, use of NHS for child birth etc etc.
The rule changes in the past years have made it extremely difficult for overstayer claims such as yours to suceed.
The emotional points that you are making do not constitute legal basis and I appreciate that they are practical points that you will feel support your argument however they do not alter the facts.
What does your legal rep say about your chances of success?
Probably make it worse, it's working illegally, even if unpaid....subtlegirl wrote:I'm also the primary career of my cousin whose a British citizen. Her mum is in the United States and no longer resides in her home country and her dad who's British is not her career.
I've been her career from day 1 in 2008.
Would that strengthen my case?
Hi Wanderer,Wanderer wrote:Probably make it worse, it's working illegally, even if unpaid....subtlegirl wrote:I'm also the primary career of my cousin whose a British citizen. Her mum is in the United States and no longer resides in her home country and her dad who's British is not her career.
I've been her career from day 1 in 2008.
Would that strengthen my case?
Thank you Amber I'm native to DominicaAmber wrote:Just ignore Wanderer he can't help himself. Which Country are you native?
I can argue that. I'm my mother only child. The first of my dad 10 children we do not have a close relationship. It's always my mum who looked after me.Amber wrote:You'll be looking at arguing you have no cultural or family ties with the Dominica, can you do that?
Thanks Amber your letter gave me hope.subtlegirl wrote:Thank you Amber I'm native to DominicaAmber wrote:Just ignore Wanderer he can't help himself. Which Country are you native?
Hi es2013,es2013 wrote:i worked illegally bust still got my flr(fp). Do you have proof you are the carer of your cousin? how old are they? In my opinion you may apply basing the fact on being sole carer for your british cousin. You might stand a better chance, than going the route of overstayed partner or private life
That's what I was trying to get to in my usual sledgehammer manner.Frontier Mole wrote: Please also consider if you are stating that you are the primary care provider for your cousin that begs the question who should be and why are they not doing so? If you contend that point and considering the probable lack of legal status you have in that regard it might prompt the child protection alarm bell.
Hi Frontier your post made me look for a second opinion with solicitors currently advising me.Frontier Mole wrote:While I agree with Ambers view in that the approach to take is "I can’t go back because I have no ties" - I do not share the view that you have a good chance unless that means less than 50%.
Am I correct in thinking that your lawyer has not explained the JR process in any great detail? More of a case this is your only route so you have to take kind of option? And what about the costs??
I am not saying give up by any means but be fully aware of the process and the limits as to what can be achieved.
Your posts are full of emotion, which I understand, however the legal process is not emotionally slanted and throwing everything at the legal process is not a solution that works readily.
A few other questions that may point to a better understanding of your case:
What nationality is your partner and what is he doing about regularising his stay in the UK? Is he dependent on your application? How long has he been an overstayer?
Do you have any legal rights in regards the care of your cousin? Who pays for your cousins accommodation food etc.?
Please also consider if you are stating that you are the primary care provider for your cousin that begs the question who should be and why are they not doing so? If you contend that point and considering the probable lack of legal status you have in that regard it might prompt the child protection alarm bell.
They'd severe a tie with her family and put her into social carer? Why? She's my first cousin I'm not a stranger. I really do not understand what you mean.Wanderer wrote:That's what I was trying to get to in my usual sledgehammer manner.Frontier Mole wrote: Please also consider if you are stating that you are the primary care provider for your cousin that begs the question who should be and why are they not doing so? If you contend that point and considering the probable lack of legal status you have in that regard it might prompt the child protection alarm bell.
He's not part of my application. He's no longer in the picture as well. He's been an overstayer for about 7 years I believe. He would have been dependant on my applicationFrontier Mole wrote:What nationality is your partner and what is he doing about regularising his stay in the UK? Is he dependent on your application? How long has he been an overstayer?
Can you answer those points please?
It will aid the overall case understanding.
Thanks