pgmiot wrote:A: diggingdeep:
2. Not sure if I am eligible to apply under the rule of Private Life, as my parents are still in my home country(The family tie refers to husband/wife and children only? or including Parents too? ).
You definitely qualified. Your application ll depends on how your stress your strong connection to UK. It depends so much on how your case is presented. Observe the nuances of this determination.
These new rules are not black and white and they are open to interpretation and it seems to me judges are interpreting them more sensible/accurately than UKBA. And so if you were to be refused in the first stage of human right application all is not lost. You will still have very good chance to be successfully at appeal stage.
Read this determination and other in this website below and read the points which they found in the appellant favour and construct your case using those points quoting the same points (precedent)
See below how the meaning of the word
Ties were interpreted in the latest court case in regard to immigration.
The severity of the interference with his private and family life as a consequence of his deportation is such that Article 8 is engaged.
It is well established that for an interference with a right protected under Article 8(1) to be necessary in a democratic society, it must be proportionate to the legitimate aim pursued. The legitimate aim in the present case is prevention of crime and disorder.
We take note of the fact that the use of the phrase “no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK” is not exclusive to paragraph 399A of the Rules; it is also used in paragraph 276 ADE, in the context of the requirements to met by an applicant for leave to remain based on private life in the United Kingdom when such person has lived in the United Kingdom for less than 20 years.
The natural and ordinary meaning of the word ‘ties’ imports, we think, a concept involving something more than merely remote and abstract links to the country of proposed deportation or removal. It involves there being a continued connection to life in that country; something that ties a claimant to his or her country of origin. If this were not the case then it would appear that a person’s nationality of the country of proposed deportation could of itself lead to a failure to meet the requirements of the rule. This would render the application of the rule, given the context within which it operates, entirely meaningless.
We recognize that the text under the rules is an exacting one. Consideration of whether a person has ‘no ties’ to such country must involve a rounded assessment of all the relevant circumstances and is not to be limited to ‘social, cultural and family’ circumstances. Nevertheless, we are satisfied that the appellant has no ties with Nigeria. He is a stranger to the country, the people, and the way of life. His father may have ties but they are not ties of the appellant or any ties that could result in support to the appellant in the event of his return there. Unsurprisingly, given the length of the appellant’s residence here, all of his ties are with the United Kingdom. Consequently the appellant has so little connection with Nigeria so as to mean that the consequences for him in establishing private life there at the age of 28, after 22 years residence in the United Kingdom, would be ‘unjustifiably harsh’.
Whilst each case turns on its own facts, circumstances relevant to the assessment of whether a person has ties to the country to which they would have to go if they were required to leave the United Kingdom must include, but are not limited to: the length of time a person has spent in the country to which he would have to go if he were required to leave the United Kingdom, the age that the person left that country, the exposure that person has had to the cultural norms of that country, whether that person speaks the language of the country, the extent of the family and friends that person has in the country to which he is being deported or removed and the quality of the relationships that person has with those friends and family members.
http://www.bailii.org/uk/cases/UKUT/IAC ... geria.html
