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Over 18 dependent visa refused

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THEDUDE
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Posts: 20
Joined: Sun Jan 17, 2010 4:36 pm

Over 18 dependent visa refused

Post by THEDUDE » Fri Feb 19, 2010 5:11 pm

hi all

Application for over 18 dependant overstayer (FORM SET F) Refused...Main reason,not enough compassionate circumstances to grant leave..


Is it worth appealing?

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Fri Feb 19, 2010 5:20 pm

Previous posting for reference for this poster's situation:

http://www.immigrationboards.com/viewtopic.php?p=331400

My question - what does your lawyer say?

THEDUDE
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Posts: 20
Joined: Sun Jan 17, 2010 4:36 pm

Post by THEDUDE » Fri Feb 19, 2010 5:45 pm

MPH80 wrote:Previous posting for reference for this poster's situation:

http://www.immigrationboards.com/viewtopic.php?p=331400

My question - what does your lawyer say?
He feels we should submit fresh application with more evidence..I have decided to part ways with him and have made an appointment with another law firm..DANIELLE COHEN,she is very expensive but very good and i need all the help i can get.

THEDUDE
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Posts: 20
Joined: Sun Jan 17, 2010 4:36 pm

Re: Over 18 dependent visa refused

Post by THEDUDE » Fri Feb 19, 2010 6:21 pm

THEDUDE wrote:hi all

Application for over 18 dependant overstayer (FORM SET F) Refused...Main reason,not enough compassionate circumstances to grant leave..


Is it worth appealing?
Appeal. A judge is far more likely to be sympathetic to compassionate circumstances and to take note of Article 8 than the Home Office are. You should probably get legal assistance.

Thanx for swift response Victoria..When i read the refusal,some of the points they mention are just plain harsh..

1)No evidence of school attendence...how can i attend school when i have no permission to study.
2)no evidence of family life in the sense that i have no employment history and strong ties in uk...i mean come on,how can i work without a work permit
3)while we understand that there is family life...eg my aunities and cousins etc submited written character statements on my behalf...we feel that this is not enough to grant leave to remain...seriously thats what they wrote..
4)we strongly feel that although ur mother has permanent residence,u can survive without her as u are an adult now and with todays technology u can email,sms,phone,video call her and vice versa...
5)While there is evidence that u have obtained qualifications u have failed to submit evidence of current studies or intention to study in the uk.
6)We conclude there is no compelling and compassionate to grant leave.

In the view of the above,we do not accept that the existence of family life in the UK is suffcient compelling reason for making u an exception to the normal practice of removing those who have remained in the Uk unlawfully..Consideration for discreationary leave does not qualify too as no issues for consideration exist :

paragraph 395c requires

1)age
2)length of time in uk
3)strong ties with UK
4)personal history,employment,good conduct and character.
5)previous criminal record and the nature of any offences (i have no criminal records at all)

that basically what it says..

Sunskykelilo
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Posts: 14
Joined: Tue Mar 02, 2010 4:42 pm

Post by Sunskykelilo » Tue Mar 02, 2010 4:57 pm

THEDUDE wrote:
MPH80 wrote:Previous posting for reference for this poster's situation:

http://www.immigrationboards.com/viewtopic.php?p=331400

My question - what does your lawyer say?
He feels we should submit fresh application with more evidence..I have decided to part ways with him and have made an appointment with another law firm..DANIELLE COHEN,she is very expensive but very good and i need all the help i can get.
..

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