discretionary leave to remain under article 8 refused help

[olu13]

i am an overstayer from nigeria, i came into this country as a visitor in 2005 my visa expired in 2007,my wife visitors visa expired in 2008, we have a son 5 years old and a daughter 7 month old, my wife apply for eea family member resident card in 2009 i was included as dependent, but refused in october 2010, we went for appeal in jan 2011, appeal dismised. in february 2011 i apply for discretionary leave to remain under article 8, but it was refused with no detail rather than we have overstay our previous visa, in my application i included my pay slip, letter from my employer, bills but it was not even mentioned.please advised what to do as there is no opportunity to appeal.

[Greenie]

is your wife also from Nigeria?

On what basis did you apply for Discretionary Leave? Is there any reason why you and your wife and children cannot return to Nigeria and continue your family life there?

On what basis did she apply for an EEA residence card?

[joh118]

i am an overstayer from nigeria, i came into this country as a visitor in 2005 my visa expired in 2007,my wife visitors visa expired in 2008, we have a son 5 years old and a daughter 7 month old, my wife apply for eea family member resident card in 2009 i was included as dependent, but refused in october 2010, we went for appeal in jan 2011, appeal dismised. in february 2011 i apply for discretionary leave to remain under article 8, but it was refused with no detail rather than we have overstay our previous visa, in my application i included my pay slip, letter from my employer, bills but it was not even mentioned.please advised what to do as there is no opportunity to appeal.

on what basis did you claim artical 8 rights?
Also, why did you think you were eligible for EEA family resident card?
From what you have told me, it seems you have little to argue about. Your children are not British, nor is your wife and I presume you have no unfounded fear of returning home.

I presume your 5 year old son was born in the UK??? If so, when he becomes 10 years old, he will be eligible to register as a British Citizen. It is only then I think you have a genuine claim to Article 8/discretionary leave.....

[olu13]

i am an overstayer from nigeria, i came into this country as a visitor in 2005 my visa expired in 2007,my wife visitors visa expired in 2008, we have a son 5 years old and a daughter 7 month old, my wife apply for eea family member resident card in 2009 i was included as dependent, but refused in october 2010, we went for appeal in jan 2011, appeal dismised. in february 2011 i apply for discretionary leave to remain under article 8, but it was refused with no detail rather than we have overstay our previous visa, in my application i included my pay slip, letter from my employer, bills but it was not even mentioned.please advised what to do as there is no opportunity to appeal.

on what basis did you claim artical 8 rights?
Also, why did you think you were eligible for EEA family resident card?
From what you have told me, it seems you have little to argue about. Your children are not British, nor is your wife and I presume you have no unfounded fear of returning home.

I presume your 5 year old son was born in the UK??? If so, when he becomes 10 years old, he will be eligible to register as a British Citizen. It is only then I think you have a genuine claim to Article 8/discretionary leave.....

i have work legally for 18 month pay tax and my wife is receiving treatment, my son is in full time education

[Greenie]

what is your wife receiving treatment for?

What is her nationality?

When did you work legally? what visa did you have?

[olu13]

what is your wife receiving treatment for?

What is her nationality?

When did you work legally? what visa did you have?

when we apply for eea resident card as a family member of an eea national exercising treaty right we were issued with aknoledgement letter stating we can work and live in uk, my wife is from nigeria, she is receiving treatment for third degree tear after birth.

[joh118]

I'm sorry but there doesn't seem to be any options available to legalise your stay in the UK at the present time given the information that you have provided.

If the UKBA was to examine your case with the information that you have provided here, they will argue that:

- although your children are in full-time education, they are still young and they can still get full-time education in Nigeria. If for example, you children has lived in the UK for 10+ years, there may be a valid argument but this is not the case for you.
- And I'm afraid the period you spent working is a weak point of argument as it does not tie you to the UK in any way.
- And finally, they will also say that your wife can be treated in Nigeria.

You may wish to see if you or your wife can get a visa under Tier 1 or Tier 2 or Tier 4. Also you may wish to see a qualified immigration advisor just to double check if there is anything you can apply for.

[Greenie]

what is your wife receiving treatment for?

What is her nationality?

When did you work legally? what visa did you have?

when we apply for eea resident card as a family member of an eea national exercising treaty right we were issued with aknoledgement letter stating we can work and live in uk, my wife is from nigeria, she is receiving treatment for third degree tear after birth.

On what basis did you apply for an EEA residence card? What family member was your wife relying on?

[olu13]

I'm sorry but there doesn't seem to be any options available to legalise your stay in the UK at the present time given the information that you have provided.

If the UKBA was to examine your case with the information that you have provided here, they will argue that:

- although your children are in full-time education, they are still young and they can still get full-time education in Nigeria. If for example, you children has lived in the UK for 10+ years, there may be a valid argument but this is not the case for you.
- And I'm afraid the period you spent working is a weak point of argument as it does not tie you to the UK in any way.
- And finally, they will also say that your wife can be treated in Nigeria.

You may wish to see if you or your wife can get a visa under Tier 1 or Tier 2 or Tier 4. Also you may wish to see a qualified immigration advisor just to double check if there is anything you can apply for.

thanks for your advice.but my solicitor said he will send letter of reconsideration probably may be to buy time or can there be any reconsideration may be zambrano route.

[Greenie]

zambrano refers to when the children are EEA nationals. Your children are Nigerian. I tend to agree with Joh18. I think you are delaying the inevitable and making it harder for your family in the long run.