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Urgent Please

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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bollyakinlu
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Urgent Please

Post by bollyakinlu » Tue Dec 31, 2013 11:31 am

Ilr
Last edited by bollyakinlu on Fri Jan 10, 2014 12:33 pm, edited 1 time in total.

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Casa
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Re: Urgent Please

Post by Casa » Tue Dec 31, 2013 12:13 pm

How long have the children been here and how old are they?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

bollyakinlu
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Re: Urgent Please

Post by bollyakinlu » Tue Dec 31, 2013 12:25 pm

8 years and 4 years and have been here for 2 years.

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Casa
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Re: Urgent Please

Post by Casa » Tue Dec 31, 2013 12:52 pm

With only 2 years in the UK you're not going to convince the UKBA that your family couldn't settle back in your home country. What do you intend to do? Remain illegally here for another 5 years or so???...and then probably wait several more years for an application outside of the Rules to be decided...with no certainty of success? One thing's for sure...the Regulations on immigration and overstayers aren't going to get easier. I may appear to be unsympathetic but I'm being realistic.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

bollyakinlu
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Re: Urgent Please - CASA

Post by bollyakinlu » Tue Dec 31, 2013 1:14 pm

Thanks for the response CASA. Although it was clearly written on their website that the 14 years rule for discretionary leave to remain has been abolished but again with the children that have been used to the UK life, I think they will probably use that for considering them outside the rule because it will be difficult for them to reject and remove the children from the UK if they can continue to leave here for some years and definitely the parents will also be considered based on the children.

I will be grateful to read from you again with you thought to this

Many thanks

dapsonlee
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Re: Urgent Please - CASA

Post by dapsonlee » Tue Dec 31, 2013 1:48 pm

bollyakinlu wrote:Thanks for the response CASA. Although it was clearly written on their website that the 14 years rule for discretionary leave to remain has been abolished but again with the children that have been used to the UK life, I think they will probably use that for considering them outside the rule because it will be difficult for them to reject and remove the children from the UK if they can continue to leave here for some years and definitely the parents will also be considered based on the children.

I will be grateful to read from you again with you thought to this

Many thanks

Like CASA stated which sounds unfair but true. 2 years is not enough to convince UKBA. There is someone here whose family have been here 8 years with 2 kids was denied just last week. Saying they have not spent 20 years and they can return home to continue their family life.

You need to either wait until at least 10 years to make any stay effective. Also by Applying under any 7 year rule if you decide to wait that long will be very difficult cos only "sole carers" can apply under that rule as well and not as a family unit.

So sir, your chances, realistically, are very very slim with that 2 years.

MPH80
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Re: Urgent Please

Post by MPH80 » Tue Dec 31, 2013 2:17 pm

Agreed - you also need to understand that even if you do manage to get DLR after a further 5 years of avoiding UKBA (when - of course - you're not working illegally are you!) ... that the path to settlement will then be a further 10 years!

So your children might be here 17 years before they have ANY stability in their life.

I'm not sure that's very fair on the children.

bollyakinlu
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Re: Urgent Please

Post by bollyakinlu » Tue Dec 31, 2013 3:59 pm

MPH80 I do appreciates all your advice but at the sametime the school they are attending is also contributing to their life till they will be considered for either discretionary rule and settlement. so that's fine

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MPH80
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Re: Urgent Please

Post by MPH80 » Tue Dec 31, 2013 4:49 pm

And in the mean time you're awaiting every knock on the door to see if it's immigration ... and from next year you'll be wondering every time you go to rent a house "will we be able once the landlord sees we've got no valid visa" ... and then you'll be struggling to get healthcare for you and the kids.

All of that for AT LEAST another 5 years?

Given you haven't put in an asylum claim - I find it very hard to believe that where you came from will be worse than that. Consider that in 3 or 4 years time you might get a deportation order against you and your family ... your kids will then be ripped away from the life they know and have become settled in to go to a country they don't really remember or understand ... to a language they don't really understand ...

All on the hope that you might, possibly, maybe, perhaps, get discretionary leave before UKBA catch up with you.

M.

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