Discretionary leave for a child on medical grounds-pls help

[summerlady]

Hi all,

my friend has a four year daughter who has learning disability, she has been in this country illegal for 7 year. The daughter was born here and has been recievibg care and some other specialist working with her.

my friend has never been invovled in crime, but now she wants to apply for discretionary leave for herself and her daughter. Based on her daughters condition.
She has already paid a solicitor 700 pounds, who has promised to help her with the application and case.

I have told her that it is a futile journey because, i dont think her daughters disability is exceptional and disretionary leave based on article 8 is no longer available. But the solicitor has promised to make it work.

Can anyone pls help to shed more light on this issue and the chances of its success.

[Lucapooka]

http://www.ukba.homeoffice.gov.uk/polic ... exception/

[summerlady]

Thank you lupooka for your response, however the child is only 4 years old and i dont think she knows where the father of the child is.

Does that document mean she is most likely to fail since they do not satisfy all the requirements. Pls can i have your opinion on this.
Thanks

[Lucapooka]

I misread your post and understood it to read the child had been in the UK for seven years. Ignore my link.

The problem with leave outside the rules is that their are no rules on which to go by in an objective way. If her lawyer can pull a rabbit out of a hat then good for him.

[Obie]

Well under the immigration rules, there are really no provision as the child is not yet 7 years old.

If there are special treatment the child is receiving here which will not be available in the home country, then Article 3 and Section 55 of the UKBA act 2007 may come into play.

I am a bit sceptical whether learning disability can come under Article 3 really, if there is a decision to remove.

Then again, this is not a removal situation. So she may have a long way to go, even if the application is rejected.

[summerlady]

Thanks Obie for your response. I guess we will all have to wait and see.