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..