im undecided, please HELP!

[cherize]

Hi, i am confused on what to do at the moment. I have lodge an application under Discretionary Leave Under Human rights article 8 last November 1, 2011 and until now my solicitor havnt heard anything yet from the Home office. I am on the verge of giving up now, and thinking of going back home instead by withdrawing the application. I am fed up of waiting already as i am not entitled to do anything. I have a 7 months old baby to a british Citizen but i overstayed my visa ( which is not on purpose) , thats why we opted to apply under Human rights as thats only our option for me to stay here during the time that i was pregnant with his child. But now, this waitimg time is torturing me a lot, emotionally and mentally. I am thinking of going back home with my baby and bf and will try to apply on my homecountry, and hoping that it will be quicker. Please help me with your sincere advice on what to do. Many thanks!

[MelC]

Hi, i am confused on what to do at the moment. I have lodge an application under Discretionary Leave Under Human rights article 8 last November 1, 2011 and until now my solicitor havnt heard anything yet from the Home office. I am on the verge of giving up now, and thinking of going back home instead by withdrawing the application. I am fed up of waiting already as i am not entitled to do anything. I have a 7 months old baby to a british Citizen but i overstayed my visa ( which is not on purpose) , thats why we opted to apply under Human rights as thats only our option for me to stay here during the time that i was pregnant with his child. But now, this waitimg time is torturing me a lot, emotionally and mentally. I am thinking of going back home with my baby and bf and will try to apply on my homecountry, and hoping that it will be quicker. Please help me with your sincere advice on what to do. Many thanks!

your post throws up a lot of questions for me personally, so maybe these aspects of your individual case are the reason that you have not had a reply yet, and it is only just 5 months since your solicitor contacted the HO, maybe you should think that no news is good news so far?

What was your original entry visa to the UK? was your boyfriend the sponsor if you had one? when did your visa expire?
what is your reason for overstaying your visa? as you said it was not on purpose? was there some serious medical/home country disaster that made it unsafe for you to travel or to return to a safe environment?

on what basis, if you returned to your home country would you be applying to return to the UK?

can your bf sponsor you? is he working?

has your solicitor spoken to you about "Zambrano" ~

I will assume that you have registered your childs birth in the UK, as that is where the child was born to a British Father, has HE applied for your childs BRITISH passport?

depending on your home country, and that your child is a dual national, what are the conditions if any of such dual nationality in your home country?

whilst i can see that you have a relationship of bf/gf with a british citizen, more importantly you are THE MOTHER OF A BRITISH CITIZEN, and family life is in deed established, even though you didn't have the legal right to establish it, its done now and much depends on your home country and its comparability to the UK, a Brit Cit (your child) cannot be deported.

at such a young age, the brit cit is dependent upon you, however, your child does have another parent, who is also a brit cit, and the realms of discrimination are screaming at me here, if you were the foreign father would you be more likely to be deported than because you are the foreign mother...

as it would seem that you have overstayed by some time already, staying a while longer to find out how the HO view your position isn't going to harm your overall case.

[vinny]

See also Should I stay or should I go?
You have a strong case based on your child.

[cherize]

your post throws up a lot of questions for me personally, so maybe these aspects of your individual case are the reason that you have not had a reply yet, and it is only just 5 months since your solicitor contacted the HO, maybe you should think that no news is good news so far?

What was your original entry visa to the UK? was your boyfriend the sponsor if you had one? when did your visa expire?
what is your reason for overstaying your visa? as you said it was not on purpose? was there some serious medical/home country disaster that made it unsafe for you to travel or to return to a safe environment?

on what basis, if you returned to your home country would you be applying to return to the UK?

can your bf sponsor you? is he working?

has your solicitor spoken to you about "Zambrano" ~

I will assume that you have registered your childs birth in the UK, as that is where the child was born to a British Father, has HE applied for your childs BRITISH passport?

depending on your home country, and that your child is a dual national, what are the conditions if any of such dual nationality in your home country?

whilst i can see that you have a relationship of bf/gf with a british citizen, more importantly you are THE MOTHER OF A BRITISH CITIZEN, and family life is in deed established, even though you didn't have the legal right to establish it, its done now and much depends on your home country and its comparability to the UK, a Brit Cit (your child) cannot be deported.

at such a young age, the brit cit is dependent upon you, however, your child does have another parent, who is also a brit cit, and the realms of discrimination are screaming at me here, if you were the foreign father would you be more likely to be deported than because you are the foreign mother...

as it would seem that you have overstayed by some time already, staying a while longer to find out how the HO view your position isn't going to harm your overall case.

Hi i am sorry if its not a well detailed post as i just want to give an brief story about my case, u cn check on my first post where i narrated what went through with my visa. But i'll answer some of your questions to give u an idea.
a.) my original entry- student visa november 2008, expired october 2010
i extended my student visa under tier 4 but got refused march 2011 because of maintenace funds. its my auntie from US who sponsored me when i came here as student.i just met my bf here in UK and weve been together for a year before i extended my visa. i intend to go home after my visa got refused and just make a fresh application to my homecountry but i am already 4 months pregnant that time (march 2011) and my bf's family strongly disagreed of me returning back home as they thought i wont be able to come back in UK, i am pregnant and they want their first granchild to be born here in UK and they said if theres any other option for me to stay here, i would rather apply here .
b.) yes, i overstayed my visa ( which im shiting myself for doing it and would rather have listened to myself rather than others). i overstayed my visa for many reasons:
1. i am 4 months pregnant (march 2011-month i was refused), tried to seek advices from diff solicitors and apparently i have been given good and bad advices. first solicitor said, i will just submit a fresh application on student visa (though i dont have the right to appeal, based on my refusal letter) . So i went to my college straight up, informed them and paid the whole year tuition fee until the end of my course but then, by the time i was about to lodge my application, home office rules have changed that applicants who has been refused are not allowed to submit any fresh application no more. So i didnt and just wasted money for my tuition as they never refunded the money ! (the college)
2. it was already may 2011 when rules have changed, so have to go to another solicitor again and gave 2 options, go home and get married but our concern that time is we wanna come back in UK on time before my due date which is 1st week of September and seeing the timescale we couldnt so we opted of not going home.
3. we went to an accredited immigration soliciotr and this time, she suggested dicretionary leave if this is the only option i got for me to stay and be able to give birth, or she said if i really wanted to take the risk and just continue my overstay until i give birth and go back home straight afterwards and make application there, but i dont wana take the risk so finally my bf and i decided to go for DISCRETIONARY LEAVE under Human rights since we are having a baby ! Though our soliciotr have prepared ourselves about the timescale

c.) yes, my bf can sponsor me. he is in full time employment and his parents can support us as well

d.)Yes we already registered the child though we havnt applied a passport for her yet as we are waiting for the outcome of my application.

If ever my application will be refuse again, do you think i will just give up and go back home instead? As my bf is willing to support me to whatever decision i wana do. As this is really torturing us, our life as a family could have been perfect apart from this problem we are having. We just want to carry on with our lives without hassles like this.

Hope i was able to answer some of your queries and highly appreciated for your insights regarding my case. as you can, i did not overstay on purpose as i did things to sort it out , and stop working from the time i was refused. Again , thanks a lot and hope you will reply back