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nilemarques
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Posts: 351
Joined: Thu Sep 13, 2012 7:17 pm

Post by nilemarques » Sun Sep 15, 2013 8:03 am

[quote="hatchsead"]Private life
7.45 An amendment to the private life rules will narrow the circumstances in which a child under the age of 18 can apply for leave to remain on the grounds of private life to those circumstances in which it would not be reasonable to expect the child to leave the UK[/quote]

@ hatchsead. Don't quite have my thinking cap on this morning!! Is this an amendment in the rules? Could you expand a little bit more! Thanks!

hatchsead
Member
Posts: 204
Joined: Sun Aug 18, 2013 4:41 pm

Post by hatchsead » Sun Sep 15, 2013 8:19 am

nilemarques wrote:
hatchsead wrote:Private life
7.45 An amendment to the private life rules will narrow the circumstances in which a child under the age of 18 can apply for leave to remain on the grounds of private life to those circumstances in which it would not be reasonable to expect the child to leave the UK
@ hatchsead. Don't quite have my thinking cap on this morning!! Is this an amendment in the rules? Could you expand a little bit more! Thanks!
@nilemarques, if you flip over to page 77 of this document under the section "Amendments to the family and private life rules"
from 7.34 all the way to 7.45, you will see all the changes made last December.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You can also read through section 7 on page 8 of this other document too.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

What i have come to realize is that, its only the favour and mercy of God that counts. If God opens a door, no man can shut it! it is ell

hatchsead
Member
Posts: 204
Joined: Sun Aug 18, 2013 4:41 pm

Post by hatchsead » Sun Sep 15, 2013 8:44 am

TAKE TIME TO READ. It's worth reading it. Trust me :)



Professor : You are a Christian, aren’t you, son ?

Student : Yes, sir.

Professor: So, you believe in GOD ?

Student : Absolutely, sir.

Professor : Is GOD good ?

Student : Sure.

Professor: Is GOD all powerful ?

Student : Yes.

Professor: My brother died of cancer even though he prayed to GOD to heal him. Most of us would attempt to help others who are ill. But GOD didn’t. How is this GOD good then? Hmm?

(Student was silent.)

Professor: You can’t answer, can you ? Let’s start again, young fella. Is GOD good?

Student : Yes.

Professor: Is satan good ?

Student : No.

Professor: Where does satan come from ?

Student : From … GOD …

Professor: That’s right. Tell me son, is there evil in this world?

Student : Yes.

Professor: Evil is everywhere, isn’t it ? And GOD did make everything. Correct?

Student : Yes.

Professor: So who created evil ?

(Student did not answer.)

Professor: Is there sickness? Immorality? Hatred? Ugliness? All these terrible things exist in the world, don’t they?

Student : Yes, sir.

Professor: So, who created them ?

(Student had no answer.)

Professor: Science says you have 5 Senses you use to identify and observe the world around you. Tell me, son, have you ever seen GOD?

Student : No, sir.

Professor: Tell us if you have ever heard your GOD?

Student : No , sir.

Professor: Have you ever felt your GOD, tasted your GOD, smelt your GOD? Have you ever had any sensory perception of GOD for that matter?

Student : No, sir. I’m afraid I haven’t.

Professor: Yet you still believe in Him?

Student : Yes.

Professor : According to Empirical, Testable, Demonstrable Protocol, Science says your GOD doesn’t exist. What do you say to that, son?

Student : Nothing. I only have my faith.

Professor: Yes, faith. And that is the problem Science has.

Student : Professor, is there such a thing as heat?

Professor: Yes.

Student : And is there such a thing as cold?

Professor: Yes.

Student : No, sir. There isn’t.

(The lecture theater became very quiet with this turn of events.)

Student : Sir, you can have lots of heat, even more heat, superheat, mega heat, white heat, a little heat or no heat. But we don’t have anything called cold. We can hit 458 degrees below zero which is no heat, but we can’t go any further after that. There is no such thing as cold. Cold is only a word we use to describe the absence of heat. We cannot measure cold. Heat is energy. Cold is not the opposite of heat, sir, just the absence of it.

(There was pin-drop silence in the lecture theater.)

Student : What about darkness, Professor? Is there such a thing as darkness?

Professor: Yes. What is night if there isn’t darkness?

Student : You’re wrong again, sir. Darkness is the absence of something. You can have low light, normal light, bright light, flashing light. But if you have no light constantly, you have nothing and its called darkness, isn’t it? In reality, darkness isn’t. If it is, well you would be able to make darkness darker, wouldn’t you?

Professor: So what is the point you are making, young man ?

Student : Sir, my point is your philosophical premise is flawed.

Professor: Flawed ? Can you explain how?

Student : Sir, you are working on the premise of duality. You argue there is life and then there is death, a good GOD and a bad GOD. You are viewing the concept of GOD as something finite, something we can measure. Sir, Science can’t even explain a thought. It uses electricity and magnetism, but has never seen, much less fully understood either one. To view death as the opposite of life is to be ignorant of the fact that death cannot exist as a substantive thing.

Death is not the opposite of life: just the absence of it. Now tell me, Professor, do you teach your students that they evolved from a monkey?

Professor: If you are referring to the natural evolutionary process, yes, of course, I do.

Student : Have you ever observed evolution with your own eyes, sir?

(The Professor shook his head with a smile, beginning to realize where the argument was going.)

Student : Since no one has ever observed the process of evolution at work and cannot even prove that this process is an on-going endeavor. Are you not teaching your opinion, sir? Are you not a scientist but a preacher?

(The class was in uproar.)

Student : Is there anyone in the class who has ever seen the Professor’s brain?

(The class broke out into laughter. )

Student : Is there anyone here who has ever heard the Professor’s brain, felt it, touched or smelt it? No one appears to have done so. So, according to the established Rules of Empirical, Stable, Demonstrable Protocol, Science says that you have no brain, sir. With all due respect, sir, how do we then trust your lectures, sir?

(The room was silent. The Professor stared at the student, his face unfathomable.)

Professor: I guess you’ll have to take them on faith, son.

Student : That is it sir … Exactly ! The link between man & GOD is FAITH. That is all that keeps things alive and moving.

P.S.

I believe you have enjoyed the conversation. And if so, you’ll probably want your friends / colleagues to enjoy the same, won’t you?

Forward this to increase their knowledge … or FAITH.

By the way, that student was EINSTEIN.

SDP
Member
Posts: 222
Joined: Sun Jun 02, 2013 1:44 pm
Location: London

Post by SDP » Sun Sep 15, 2013 9:07 am

hatchsead wrote:TAKE TIME TO READ. It's worth reading it. Trust me :)



Professor : You are a Christian, aren’t you, son ?

Student : Yes, sir.

Professor: So, you believe in GOD ?

Student : Absolutely, sir.

Professor : Is GOD good ?

Student : Sure.

Professor: Is GOD all powerful ?

Student : Yes.

Professor: My brother died of cancer even though he prayed to GOD to heal him. Most of us would attempt to help others who are ill. But GOD didn’t. How is this GOD good then? Hmm?

(Student was silent.)

Professor: You can’t answer, can you ? Let’s start again, young fella. Is GOD good?

Student : Yes.

Professor: Is satan good ?

Student : No.

Professor: Where does satan come from ?

Student : From … GOD …

Professor: That’s right. Tell me son, is there evil in this world?

Student : Yes.

Professor: Evil is everywhere, isn’t it ? And GOD did make everything. Correct?

Student : Yes.

Professor: So who created evil ?

(Student did not answer.)

Professor: Is there sickness? Immorality? Hatred? Ugliness? All these terrible things exist in the world, don’t they?

Student : Yes, sir.

Professor: So, who created them ?

(Student had no answer.)

Professor: Science says you have 5 Senses you use to identify and observe the world around you. Tell me, son, have you ever seen GOD?

Student : No, sir.

Professor: Tell us if you have ever heard your GOD?

Student : No , sir.

Professor: Have you ever felt your GOD, tasted your GOD, smelt your GOD? Have you ever had any sensory perception of GOD for that matter?

Student : No, sir. I’m afraid I haven’t.

Professor: Yet you still believe in Him?

Student : Yes.

Professor : According to Empirical, Testable, Demonstrable Protocol, Science says your GOD doesn’t exist. What do you say to that, son?

Student : Nothing. I only have my faith.

Professor: Yes, faith. And that is the problem Science has.

Student : Professor, is there such a thing as heat?

Professor: Yes.

Student : And is there such a thing as cold?

Professor: Yes.

Student : No, sir. There isn’t.

(The lecture theater became very quiet with this turn of events.)

Student : Sir, you can have lots of heat, even more heat, superheat, mega heat, white heat, a little heat or no heat. But we don’t have anything called cold. We can hit 458 degrees below zero which is no heat, but we can’t go any further after that. There is no such thing as cold. Cold is only a word we use to describe the absence of heat. We cannot measure cold. Heat is energy. Cold is not the opposite of heat, sir, just the absence of it.

(There was pin-drop silence in the lecture theater.)

Student : What about darkness, Professor? Is there such a thing as darkness?

Professor: Yes. What is night if there isn’t darkness?

Student : You’re wrong again, sir. Darkness is the absence of something. You can have low light, normal light, bright light, flashing light. But if you have no light constantly, you have nothing and its called darkness, isn’t it? In reality, darkness isn’t. If it is, well you would be able to make darkness darker, wouldn’t you?

Professor: So what is the point you are making, young man ?

Student : Sir, my point is your philosophical premise is flawed.

Professor: Flawed ? Can you explain how?

Student : Sir, you are working on the premise of duality. You argue there is life and then there is death, a good GOD and a bad GOD. You are viewing the concept of GOD as something finite, something we can measure. Sir, Science can’t even explain a thought. It uses electricity and magnetism, but has never seen, much less fully understood either one. To view death as the opposite of life is to be ignorant of the fact that death cannot exist as a substantive thing.

Death is not the opposite of life: just the absence of it. Now tell me, Professor, do you teach your students that they evolved from a monkey?

Professor: If you are referring to the natural evolutionary process, yes, of course, I do.

Student : Have you ever observed evolution with your own eyes, sir?

(The Professor shook his head with a smile, beginning to realize where the argument was going.)

Student : Since no one has ever observed the process of evolution at work and cannot even prove that this process is an on-going endeavor. Are you not teaching your opinion, sir? Are you not a scientist but a preacher?

(The class was in uproar.)

Student : Is there anyone in the class who has ever seen the Professor’s brain?

(The class broke out into laughter. )

Student : Is there anyone here who has ever heard the Professor’s brain, felt it, touched or smelt it? No one appears to have done so. So, according to the established Rules of Empirical, Stable, Demonstrable Protocol, Science says that you have no brain, sir. With all due respect, sir, how do we then trust your lectures, sir?

(The room was silent. The Professor stared at the student, his face unfathomable.)

Professor: I guess you’ll have to take them on faith, son.

Student : That is it sir … Exactly ! The link between man & GOD is FAITH. That is all that keeps things alive and moving.

P.S.

I believe you have enjoyed the conversation. And if so, you’ll probably want your friends / colleagues to enjoy the same, won’t you?

Forward this to increase their knowledge … or FAITH.

By the way, that student was EINSTEIN.
It's a good one , a bit lengthy though...lol

nilemarques
Member of Standing
Posts: 351
Joined: Thu Sep 13, 2012 7:17 pm

Post by nilemarques » Sun Sep 15, 2013 9:31 am

[quote="hatchsead"][quote="nilemarques"][quote="hatchsead"]Private life
7.45 An amendment to the private life rules will narrow the circumstances in which a child under the age of 18 can apply for leave to remain on the grounds of private life to those circumstances in which it would not be reasonable to expect the child to leave the UK[/quote]

@ hatchsead. Don't quite have my thinking cap on this morning!! Is this an amendment in the rules? Could you expand a little bit more! Thanks![/quote]

@nilemarques, if you flip over to page 77 of this document under the section [i]"Amendments to the family and private life rules"[/i]
from 7.34 all the way to 7.45, you will see all the changes made last December.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You can also read through section 7 on page 8 of this other document too.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

What i have come to realize is that, its only the favour and mercy of God that counts. If God opens a door, no man can shut it! it is ell[/quote]

Thanks Hatchsead for that and the exchange between the prof and student! Judging by what is written there, it appears to me that the HO is not following their own guidelines in terms of child applicants, if my assessment is correct.

Kukuwife
Member of Standing
Posts: 319
Joined: Tue Jul 23, 2013 10:20 am

New rules and article 8

Post by Kukuwife » Sun Sep 15, 2013 9:33 am

Hello hatchsead, Nile and all.
Thanks for all the useful contributions to the forum and also on the discussions of various issues relating to immigration in particular private life and family life applications.
I have the following suggestions: I think it is important now that when making either new application, reconsideration, PAP, and JR All the points as suggested by hatchsead need to be address either by you or by the solicitor.

Most importantly article 8 should be raised even when it is not necessary.

From most of the court judgements: the judges have concluded that the rule must stay but when the case failed on the rule, the case should be consider on article 8 itself. Which means it is a two stage test.

I read the other day that someone was refused on the terms that" they make the application when they have overstay or they don't have a valid leave to remain when the application was made" Such a statement is unnecessary because of the following "Persons who cannot satisfy the requirements for the ‘five year’ family route, but who are seeking to remain in the UK on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights (for example, a visa overstayer with family in the UK), must now satisfy new requirements set out in the amended Immigration Rules in order to establish their Article 8 claim. If they are successful, they will initially be granted temporary leave to remain for 30 months. They will only be eligible to apply for permanent settlement after they have completed three further periods of temporary leave (i.e. after ten continuous years’ temporary residence). "
If you failed the rule then the Secretary of State has the right to grant leave out the rule with certain conditions been meet again.
Your expectation will manifest very soon

hatchsead
Member
Posts: 204
Joined: Sun Aug 18, 2013 4:41 pm

Re: New rules and article 8

Post by hatchsead » Sun Sep 15, 2013 9:46 am

Kukuwife wrote:Hello hatchsead, Nile and all.
Thanks for all the useful contributions to the forum and also on the discussions of various issues relating to immigration in particular private life and family life applications.
I have the following suggestions: I think it is important now that when making either new application, reconsideration, PAP, and JR All the points as suggested by hatchsead need to be address either by you or by the solicitor.

Most importantly article 8 should be raised even when it is not necessary.

From most of the court judgements: the judges have concluded that the rule must stay but when the case failed on the rule, the case should be consider on article 8 itself. Which means it is a two stage test.

I read the other day that someone was refused on the terms that" they make the application when they have overstay or they don't have a valid leave to remain when the application was made" Such a statement is unnecessary because of the following "Persons who cannot satisfy the requirements for the ‘five year’ family route, but who are seeking to remain in the UK on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights (for example, a visa overstayer with family in the UK), must now satisfy new requirements set out in the amended Immigration Rules in order to establish their Article 8 claim. If they are successful, they will initially be granted temporary leave to remain for 30 months. They will only be eligible to apply for permanent settlement after they have completed three further periods of temporary leave (i.e. after ten continuous years’ temporary residence). "
If you failed the rule then the Secretary of State has the right to grant leave out the rule with certain conditions been meet again.
@kukuwife, I must confess that you have driven home the point with precision, SPOT ON!
As i mentioned a few pages back, my child's application on 7 year rule included Article 8 as its bases and my own application for the rest of the family via the private family route was also completely based on Article 8.
I hope people will make sense of this and use it more often than just applying on the ground that a child has spent 7 years in the UK and resides here which i believe is just a trap to get people to come forward and get tagged via biometrics with the view of kicking them out of the country.
It is well!

Kukuwife
Member of Standing
Posts: 319
Joined: Tue Jul 23, 2013 10:20 am

Post by Kukuwife » Sun Sep 15, 2013 10:24 am

Someone may be thinking how do you present your article 8. Note every point or issue will help and it will surprise you how judge or prosecutor will explain or expand your point.
Reading this case law may help one to see how the judge goes about judgment, however, I should warn that this case may not be the outcome we are expecting but it provide good idea of what happen in court.
http://www.scotcourts.gov.uk/opinions/2013CSIH52.html
Your expectation will manifest very soon

Believe2013
Member of Standing
Posts: 420
Joined: Tue May 28, 2013 7:26 pm

Post by Believe2013 » Sun Sep 15, 2013 11:32 am

Kukuwife wrote:Someone may be thinking how do you present your article 8. Note every point or issue will help and it will surprise you how judge or prosecutor will explain or expand your point.
Reading this case law may help one to see how the judge goes about judgment, however, I should warn that this case may not be the outcome we are expecting but it provide good idea of what happen in court.
http://www.scotcourts.gov.uk/opinions/2013CSIH52.html
Gentlemen keep up the good work. Very informative, thank you. Perhaps when all this is behind us we should set up some sort of charity to help people like ourselves with immigration issues. Just throwing it out there.

nilemarques
Member of Standing
Posts: 351
Joined: Thu Sep 13, 2012 7:17 pm

Re: New rules and article 8

Post by nilemarques » Sun Sep 15, 2013 12:04 pm

[quote="hatchsead"][quote="Kukuwife"]Hello hatchsead, Nile and all.
Thanks for all the useful contributions to the forum and also on the discussions of various issues relating to immigration in particular private life and family life applications.
I have the following suggestions: I think it is important now that when making either new application, reconsideration, PAP, and JR All the points as suggested by hatchsead need to be address either by you or by the solicitor.

Most importantly article 8 should be raised even when it is not necessary.

From most of the court judgements: the judges have concluded that the rule must stay but when the case failed on the rule, the case should be consider on article 8 itself. Which means it is a two stage test.

I read the other day that someone was refused on the terms that" they make the application when they have overstay or they don't have a valid leave to remain when the application was made" Such a statement is unnecessary because of the following "Persons who cannot satisfy the requirements for the ‘five year’ family route, but [b]who are seeking to remain in the UK on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights (for example, a visa overstayer with family in the UK[/b]), must now satisfy new requirements set out in the amended Immigration Rules in order to establish their Article 8 claim. If they are successful, they will initially be granted temporary leave to remain for 30 months. They will only be eligible to apply for permanent settlement after they have completed three further periods of temporary leave (i.e. after ten continuous years’ temporary residence). "
If you failed the rule then the Secretary of State has the right to grant leave out the rule with certain conditions been meet again.[/quote]

@kukuwife, I must confess that you have driven home the point with precision, SPOT ON!
As i mentioned a few pages back, my child's application on 7 year rule included Article 8 as its bases and my own application for the rest of the family via the private family route was also completely based on Article 8.
I hope people will make sense of this and use it more often than just applying on the ground that a child has spent 7 years in the UK and resides here which i believe is just a trap to get people to come forward and get tagged via biometrics with the view of kicking them out of the country.
It is well![/quote]

@Kukuwife and Hatchsead. My Barrister did raise those issues and I re-iterated those issues in my reconsideration letter!. It certainly is a too stage test in that if you fail to meet the criteria in one aspect, the decision maker should rightfully explore the other options especially when it comes to kids! Is it reasonable and proportionate to refuse the children. Unfortunately for us, the decision makers are only looking at one side of the coin. God is great, he does things in his time! If it means arguing our cases at the tribunal, we shall overcome! The 2 stage assessment is outlined in the Izuazu case below:

http://ukhumanrightsblog.com/2013/02/04 ... more-17089

Kukuwife
Member of Standing
Posts: 319
Joined: Tue Jul 23, 2013 10:20 am

Post by Kukuwife » Sun Sep 15, 2013 12:21 pm

Nile- I pray that your reconsideration request get quick attention and positive decision to show that lower decision maker in HO are not doing the justice to the case involving children.
Your expectation will manifest very soon

nilemarques
Member of Standing
Posts: 351
Joined: Thu Sep 13, 2012 7:17 pm

Post by nilemarques » Sun Sep 15, 2013 12:38 pm

[quote="Kukuwife"]Nile- I pray that your reconsideration request get quick attention and positive decision to show that lower decision maker in HO are not doing the justice to the case involving children.[/quote]

Thanks Kukuwife and thanks for the link.

Giveita100
Newly Registered
Posts: 26
Joined: Sun Sep 15, 2013 7:19 am

Post by Giveita100 » Sun Sep 15, 2013 1:07 pm

Giveita100 wrote:Hello everyone,

I have been a silent follower of this forum for a long time, and want to say congratulations to all those that have been successful with their application and to those who were refused, don't give up just yet.

My story is this, I have been married to my wife for 4 years now and we have 3 kids but only the last is ours together. I was granted discretionary leave to remain 2 years ago after just 6 weeks of from the day I applied because I had a 5 years visit visa and been coming here almost every year until after my marriage and decided to stay. My wife and kids are all British citizen

I have a full time job and we are not receiving any benefit apart from child benefit because I earn about 35,000 per year.

Our marriage has come to a stand still and we might be separated soon, nothing I can do about it, as I continue to try to keep us going.

I am due for DL extension in October next year, even though we may not be legally divorced by then, would it affect my application if we separated? I will have access to my kids and pay regular monthly maintenance for the kids.

I cannot afford to loose my job and thus the reason I need advice.

Has anyone been separated or divorced and tried to extend their DLR before?



Any advice guys please

GodGives
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Posts: 288
Joined: Sun May 12, 2013 3:04 pm
Contact:

Post by GodGives » Sun Sep 15, 2013 1:59 pm

Giveita100 wrote:Hello everyone,

I have been a silent follower of this forum for a long time, and want to say congratulations to all those that have been successful with their application and to those who were refused, don't give up just yet.

My story is this, I have been married to my wife for 4 years now and we have 3 kids but only the last is ours together. I was granted discretionary leave to remain 2 years ago after just 6 weeks of from the day I applied because I had a 5 years visit visa and been coming here almost every year until after my marriage and decided to stay. My wife and kids are all British citizen

I have a full time job and we are not receiving any benefit apart from child benefit because I earn about 35,000 per year.

Our marriage has come to a stand still and we might be separated soon, nothing I can do about it, as I continue to try to keep us going.

I am due for DL extension in October next year, even though we may not be legally divorced by then, would it affect my application if we separated? I will have access to my kids and pay regular monthly maintenance for the kids.

I cannot afford to loose my job and thus the reason I need advice.

Has anyone been separated or divorced and tried to extend their DLR before?
Hi Givelta welcome to the forum. You have nothing to worry about it would be acstraight forward extention. Because u are on dlr it has nothing to do with Ur marriage fill the flr(ltd) form important to put Ur finances I.e payslips and bankstatement. All d best for next yr
Godgives

ali90
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Joined: Sat Jul 06, 2013 8:14 pm

Post by ali90 » Sun Sep 15, 2013 7:59 pm

hi guys does anyone have the link to half life in the uk rule?

carrotcake
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Post by carrotcake » Mon Sep 16, 2013 9:07 am

Good morning dear bloggers,

Hope you had a lovely night rest and feeling very refreshed this morning. It's a new day...new hope.

To those already granted, warm congratulations to y'all. To those who had their application refused, I pray to God to turn around the decision to favour you.

And to those waiting, keep your head head up, hope for the best. The heart of the King is in God's hand and he can turn wherever he wishes. He will turn the heart of case workers to favour us. Amen

This was my anchor scripture 2 years whilst I was battling with Immigration issues - Joshua 1: 3. "Every place that the sole of your foot will tread upon I have given to you, just as I promised to Moses."

It worked for me. And I pray it works much more for you all

This week will bring good news for us all IJN. Have a great week guys, and remain blessed to be a blessing!

User avatar
verbina
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Posts: 969
Joined: Fri Apr 26, 2013 11:15 am
Location: London
Russia

Post by verbina » Mon Sep 16, 2013 9:27 am

carrotcake wrote:Good morning dear bloggers,

Hope you had a lovely night rest and feeling very refreshed this morning. It's a new day...new hope.

To those already granted, warm congratulations to y'all. To those who had their application refused, I pray to God to turn around the decision to favour you.

And to those waiting, keep your head head up, hope for the best. The heart of the King is in God's hand and he can turn wherever he wishes. He will turn the heart of case workers to favour us. Amen

This was my anchor scripture 2 years whilst I was battling with Immigration issues - Joshua 1: 3. "Every place that the sole of your foot will tread upon I have given to you, just as I promised to Moses."

It worked for me. And I pray it works much more for you all

This week will bring good news for us all IJN. Have a great week guys, and remain blessed to be a blessing!
@carrotcake

Good morning dear!
In Jesus' name will this week bring us good news!! Amen!!
"You need chaos in your soul to give birth to a dancing star."

Kukuwife
Member of Standing
Posts: 319
Joined: Tue Jul 23, 2013 10:20 am

Post by Kukuwife » Mon Sep 16, 2013 9:53 am

carrotcake wrote:Good morning dear bloggers,

Hope you had a lovely night rest and feeling very refreshed this morning. It's a new day...new hope.

To those already granted, warm congratulations to y'all. To those who had their application refused, I pray to God to turn around the decision to favour you.

And to those waiting, keep your head head up, hope for the best. The heart of the King is in God's hand and he can turn wherever he wishes. He will turn the heart of case workers to favour us. Amen

This was my anchor scripture 2 years whilst I was battling with Immigration issues - Joshua 1: 3. "Every place that the sole of your foot will tread upon I have given to you, just as I promised to Moses."

It worked for me. And I pray it works much more for you all

This week will bring good news for us all IJN. Have a great week guys, and remain blessed to be a blessing!
Big Amen!
Your expectation will manifest very soon

Khaldoon
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Posts: 34
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Location: London-UK

Post by Khaldoon » Mon Sep 16, 2013 9:55 am

Ameeeeeeeeeeeen

hatchsead
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Post by hatchsead » Mon Sep 16, 2013 9:59 am

I say a resounding A-M-E-N!!!!!!!!!!

Its good to see that life is returning to this forum, it was quiet all weekend. Good morning my people, may this week bring us good news and tidings in Jesus name :D

CrystalNewbie
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Posts: 157
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Location: Birmingham
Mood:
Malawi

Post by CrystalNewbie » Mon Sep 16, 2013 10:09 am

hatchsead wrote:I say a resounding A-M-E-N!!!!!!!!!!

Its good to see that life is returning to this forum, it was quiet all weekend. Good morning my people, may this week bring us good news and tidings in Jesus name :D
Amen....Psalm 102v13....Thou shalt arise, and have mercy upon Zion: for the time to favour her, the set time, is come.

carrotcake
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Post by carrotcake » Mon Sep 16, 2013 10:23 am

Whilst we are awaiting for our visas guys, a good thing to do is to start brainstorming on business ideas, developing your skills preparing for the arrival of the VISA so that it can be maximised to the fullest.

Shondra Sharma
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Post by Shondra Sharma » Mon Sep 16, 2013 10:24 am

Good morning Forum, hope some good news coming today, all the best everyone, God bless. Home office did mass refusal under 7 year child case. Do you think home office confident doing this things? Probably they think they win the case in high court. What you think guys? They try to catch people under this rules.

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verbina
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Post by verbina » Mon Sep 16, 2013 10:47 am

carrotcake wrote:Whilst we are awaiting for our visas guys, a good thing to do is to start brainstorming on business ideas, developing your skills preparing for the arrival of the VISA so that it can be maximised to the fullest.

Very very true!!!! Personally I fancy going back to school :D
So the 'numero uno' priority for me will be getting some education.....
"You need chaos in your soul to give birth to a dancing star."

hatchsead
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Post by hatchsead » Mon Sep 16, 2013 11:08 am

Shondra Sharma wrote:Good morning Forum, hope some good news coming today, all the best everyone, God bless. Home office did mass refusal under 7 year child case. Do you think home office confident doing this things? Probably they think they win the case in high court. What you think guys? They try to catch people under this rules.
I have mentioned severally that 7 years rule is not automatic unlike what it was before December 2008 before it was originally stopped. The applicant needs to proof that refusal / removal interfere with that family life - are there insurmountable obstacles to the family going back to live in their home country is the question that needs to be asked. Hence, we need to argue this case why you don't want to go back to home country and cite insurmountable obstacles to the family going back to get a favourable decision from HO.

The Home office normally uses a five-step criteria in order to assess whether the applicant has established his private or family life in the UK and any efforts to remove him to his country of origin would amount to breach of his human rights that is:

Has the applicant established family or private life in the UK?
Will refusal / removal interfere with that family life - are there insurmountable obstacles to the family enjoying family life elsewhere?
If there is interference with family life, is it in accordance with the law?
Is the interference in pursuit of one of the permissible aims set out under Article 8(2)?
Is the interference proportionate to the permissible aim?

If the applicant can address the above-mentioned issues separately by providing directly or indirectly relevant documentary evidences in his support and that makes his case "truly exceptional", only then he may be granted leave to remain in the UK. In a case decided by the IAT, the tribunal has made it more clear by stating that "where an individual falls outside the specific requirement or limits of the otherwise applicable rules or policy, that is a very clear indication that removal is proportionate. It is not for the judicial decision maker, except in the clear and truly exceptional case, to set aside the limitations set by the executive…".

This case in fact serves a guideline to the judicial decision makers and the Home office to assess whether an individual can be removed despite of him having established private and family life in the UK.

There are some factors that may be taken into account in assessing "truly exceptional" circumstances of an individual. Some of them are:

Nature of relationship
Are there any minor children in the relationship?
Frequency of contact with the relatives (especially in home country) - This will surely work against the applicant as it gives reason to believe you can go back to home country to live.
Is there any dependency involved in the relationship?
Applicant`s and his family members` countries of nationality & immigration status.
Family members` ties with the UK
Applicant`s ties with his country of origin
Are there any health or other welfare issues involved?
Availability of entry clearance facilities in the country of origin
Has there been a delay in determining an earlier immigration application?
Would there be any effects on the family living in the UK of the removal of the applicant?

Please read more below

http://www.lawfirmuk.net/english/familylife.htm

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