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ravian3
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HELP!!

Post by ravian3 » Tue Sep 23, 2008 1:33 pm

hi

my mom was on work permet for 3 years and i was under 18 so got visa as her dependant but after the end of 3 years work permet she applied for extension but got refused 2 week ago n we been here in UK for about 5 years now and im 21 yrs old now n studying full tym in uni !!! n i dont no wat to do????
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RAJ2007
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Post by RAJ2007 » Tue Sep 23, 2008 1:43 pm

Write in detail?? why refused? tell the whole story.
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Wanderer
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Ireland

Post by Wanderer » Tue Sep 23, 2008 1:49 pm

http://www.immigrationboards.com/viewto ... ght=#77097 Sounds like u and ur mum are overstayers.
An chéad stad eile Stáisiún Uí Chonghaile....
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ravian3
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Post by ravian3 » Fri Oct 24, 2008 2:37 pm

Not we didnt overstayed as we put another application after we got refused the first time which took tym to get reply but now i want iformation about somthing else after we got refused second tym my barristor put our application on HUMAN RIGHT ACT ARTICAL 8 and i dont know anything about it cn u just guide me about this and tell me was it the best option??

Thx in advance
Last edited by ravian3 on Fri Oct 24, 2008 6:59 pm, edited 2 times in total.
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Siggi
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Post by Siggi » Fri Oct 24, 2008 3:23 pm

Do they teach English at your University?
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Mr Rusty
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Post by Mr Rusty » Fri Oct 24, 2008 3:33 pm

"Article 8 - The right to respect for private and family life, home and correspondence."
This is not an absolute right under the Human Rights Convention. It can be overruled if (in this case) UKBA can show that removal action is proportionate and necessary to uphold public policy and immigration law.

Your barrister apparently has put forward a case that you and your mother's right to a family life would be damaged if you were removed to your own country.

Was it the best option? Impossible to say as a) we know almost nothing about you, and b) who would argue with a barrister who should have all the facts at his disposal.
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ravian3
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Post by ravian3 » Fri Oct 24, 2008 3:53 pm

I was 16 when i came in to UK and i got all my family and friends in UK
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Sushil-ACCA
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Post by Sushil-ACCA » Fri Oct 24, 2008 4:35 pm

YOU CAN APply student visa to complete studies - subject to availabilty of finance
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ravian3
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Post by ravian3 » Fri Oct 24, 2008 4:52 pm

to apply for student visa i will have to go back
Last edited by ravian3 on Fri Oct 24, 2008 6:28 pm, edited 1 time in total.
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Rozen
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Post by Rozen » Fri Oct 24, 2008 6:27 pm

Siggi wrote:Do they teach English at your University?
:lol:
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ravian3
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Post by ravian3 » Fri Oct 24, 2008 6:31 pm

Siggi wrote:Do they teach English at your University?
what u playin at man. its a serious matter
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paulp
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Post by paulp » Fri Oct 24, 2008 6:44 pm

ravian3 wrote:Not we didnt overstayed becuase we put another application after we got refused the first time which took tym to get reply but now i want iformation about somthing else after we got refused second tym my barristor put our application on HUMAN RIGHT ACT ARTICAL 8 and i dont know anything about it cn u just guide me about this and tell me was it the best option??

Thx in advance
Ravian, can you be a bit more precise. In 2007 when your mum applied for the extension of her Work Permit, did she apply for FLR at the same time? Because the two are separate.
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ravian3
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Post by ravian3 » Fri Oct 24, 2008 6:53 pm

no she didnt apply for FLR she applied for work permit extension only.
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paulp
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Post by paulp » Sat Oct 25, 2008 7:59 am

ravian3 wrote:no she didnt apply for FLR she applied for work permit extension only.
It's bad news I'm afraid. If your mum didn't apply for FLR "in time", then I'm afraid Wanderer is right and you have been overstayers ever since.

It will be very hard to get any kind of visa in-country as an overstayer and the article 8 application must be your last chance. I don't know what case your barrister has constructed for you, but it sounds like it will be an uphill struggle.
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Frontier Mole
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Post by Frontier Mole » Sun Oct 26, 2008 12:36 am

Mr Rusty -

Who would argue with a barrister - a Presenting Officer would :lol: :lol:
AND who wins the most in court - that would be the Presenting Officers!!!
Come on support the home team.

So as for barristers go, they are as good as the appellants’ history and in the most part in country refusal appeals do not have a good history.

On the basis of the known story on this one - the Art 8 claim will not hold up so there is little chance of winning even with a soft judge.
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Mr Rusty
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Post by Mr Rusty » Sun Oct 26, 2008 9:23 am

Frontier Mole wrote:Mr Rusty -

Who would argue with a barrister - a Presenting Officer would :lol: :lol:
AND who wins the most in court - that would be the Presenting Officers!!!
Come on support the home team.

So as for barristers go, they are as good as the appellants’ history and in the most part in country refusal appeals do not have a good history.

On the basis of the known story on this one - the Art 8 claim will not hold up so there is little chance of winning even with a soft judge.
I have no agenda, I'm not supporting any team, nor would I detract from the achievements of that noble band of Presenting Officers.

I obviously failed to convey a strand of irony in my comment about barristers. I am frequently bemused at the people who come to this forum, post a couple of lines about their case and ask questions which they could quite easily have asked their legal rep, as in this case.

You may well be right about the strength of his HRA claim, but who knows? Apart from the paucity of information, the courts seem to have an agenda to extend the scope of the Human Rights Act at every opportunity. Just this Friday in the Times I noticed another House of Lords judgement turning the ratchet a little more ( EM(Lebanon) v SofS).
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Frontier Mole
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Post by Frontier Mole » Sun Oct 26, 2008 2:45 pm

Camera pans to Bart writing on the chalkboard.
Background Theme tune "Original Simpsons"
Episode Title "Paddington Bear gets deported"

I must endeavor to be far more explicitly ironic when I post.
I must endeavor to be far more explicitly ironic when I post.
I must endeavor to be far more explicitly ironic when I post.
I must endeavor to be far more explicitly ironic when I post.
I must endeavour to be far more explicitly ironic when I post.

:lol:
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