appeal for child dependency!!!

[aniya]

hi everyone...
i have been posting on this site mostly regarding my problems and status and also trying to reply to others post.
But i am writing this post on behalf of my mom really.
it another stressful situation
i wonder if anyone could give any sort of help or suggestions..

My brother who is 18 now and is at this moment staying in Pakistan.
Basically we came over to UK in 2003 with my mom who is a British passport holder.Before this we were living in Hong Kong as we were born there.

OK let me make the story as short as possible..so for some reason my mom applied for us to stay in UK as we both were still under 18 then..However at that time i wasnt known to all these laws and forums..if i did i think we would have been legally settled and leaving a better life.
my mom could advise from almost everywhere but which was always the wrong advice.She even had a solicitor, but as usual they all just ate the money but didnt do no good work.

the solicitor applied for indefinite leave to enter the UK as the Child of a parent settled in UK..however as you can see ,we cant really apply for entry clearance from UK..we had to do that when we were in HK..
but all this has happened now...we waste alot of money on diff solicitors...none advised us the right way...we had appeal ,got dismissed...it went on and on..till i turned 18 and then they said to apply for my brother separately coz he still is young...is case is being refused due to me....till last year he left UK with my mom and me to at least renew residency of HK..he came back to UK with my mom from Ireland due to some emergency last year after summer holidays...
Then she applied again to HO via IAS who were much more helpful then any of those private solicitors but again there wasnt much hope as it was a very complicated case at this stage...
so finally we heard from the HO this year but again sadly it was refused and he was told to report...now my mom didnt wanted him to get deported no matter what...he was given the removal letter and he was leaving voluntarily as the HO thought he never left UK and he was overstaying in their eyes..

but lucky enough the Immigration Officer told him that he should have the first place applied from HK or Pakistan then he would have this all this trouble.

so then flew back to PAkistan in late sept 07 as he didnt have no one to look after him in HK....he was staying with his grandfather...now the only last choice he had was to apply before he turns 18 from Pakistan...
HOwever again to our bad luck ...Pakistan was having all these political problems and the VAF were closed for a week or so as they opening their new branches....so there was all this delay and they werent able to even go pass the consulate to give the application form due to the problems in PAKISTAN..
so he manage to go 1 day after his 18 birthday ...to try his last luck..he explained why he came late...

then he got the reply got his reply for this application he made...
Now i seriously dont want him to struggle any more...he his missing all his studies.
He got refused again..and had the right to appeal...
i can type it down here the reasons why he was refused...

[aniya]

THe ECO said that he/she is not satisfied that my brother meets all the following paragraph 297 of HC 395.
because:
-You applied for your visa on 04/10/07,i.e one day after your 18th birthday.I note that you previously applied in the same category ,were refused in 2003 and your appeak was dismissed.You have provided no explanation as to why you hace waited until now to re-apply. I am not therefore satisfied that you qualify for entry clearance .297(ii)HC 395

-You state you are applying to join your mother ,who has been in her current emplyment since 2003 in the UK. You also state you have no one else to live with,however you have provided no information or evidence as to where you have been living since your mother went to the UK or how you have maintained.I am not therefore satisfied that you are not leading an independent life.297(iii)HC 395


-You have provided no information as the whereabouts or circumstances of your father and i am not satisfied that you would not be able to live with him, wither in HONG KONG,where you were born,or in Pakistan.I also note that you 21 year old sister is living in HONG KONG and there is no apparent reason why you could not rejoin her there.297(iii)HC 395.



that was what the ECO stated.Now in case everyone of you question about father..he has been separated from my mom since after we came to UK..and he doestn want to hold any responsibilities for any of us.This was one of the reason why we kept refusal in UK for our case ..as we did provide evidence that he doesnt want to support us ...but the HO still dont believe that our so called father wont be happy to recieve us.

Now i just want to know what we can do from here...what kind of proof is he suppose to provide to the statements the ECO isnt satisfied with..

i'll more than happy to respond to any question you might have after such a long post of mine...i might have missed bits of info which i dont realise to mention..so please feel free to ask...
but i seriously need advice as i dont want my mom to be spending another load of money on solicitors in PAKISTAN ,...
thank u for all ur time

[JAJ]

My brother who is 18 now and is at this moment staying in Pakistan.
Basically we came over to UK in 2003 with my mom who is a British passport holder.Before this we were living in Hong Kong as we were born there.

- When were you born in HK?
- Did you have British nationality (Hong Kong) before 1997?
- What is your father's nationality?
- How did your mother get her British passport (is it a British passport or BNO passport)?
- Did you register as BNO before 1997?
- What passport did you use to enter the U.K.?

[aniya]

thanks for ur reply JAJ..
hopefully i'll be able to answer ur questions

- When were you born in HK?
I was born in 1986 and my brother was born in 1989

- Did you have British nationality (Hong Kong) before 1997?
We both(me and brother) had our BNO (british national overseas) passport soon after we were born.

- What is your father's nationality?
My father holds a pakistani passport and his nationality is Pakistani

- How did your mother get her British passport (is it a British passport or BNO passport)?
She had her pakistani passport when we were born...afterward she got her BNO passport...then near the handover of CHINA in 1997..i think the british government announced that they can get British passport...so hence she got her BRITISH passport then.

- Did you register as BNO before 1997?
Yes,we got BNO after we were born.


- What passport did you use to enter the U.K.?
We both used our BNO passport ,and our mom came on her british passport..
[/quote]

[JAJ]

Unfortunately the best I can suggest is that you contact a competent immigration solicitor (there are less than competent solicitors out there) to see if anything can be salvaged from this.

It highlights the importance of doing things the right way at the outset.

Where is the father in all of this?

[aniya]

well....i seriously dont knw what to do ..

my father has never been in touch with us since like end of 2003...and basically my mom considers them to be separated...

can i just ask then..if my brother has appealed now...what does my mom (the sponsor) has to do...does she have to have a solicitor here too????does she have to appear in court here????????
what happens?