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Yes they will consider this all but sometimes you have to break it down in stages when dealing with the Home Office. Your HR grounds will be different now from what they were before.Twin wrote: Yes, my husband is British. When I made my application, the solicitor also included human rights issue but i'm not sure if this would be taken into consideration by the Home office too or they would just outrightly refuse the application as the marriage has broken down.
No they won't d it, you are now still within the application process. They will not do anything to you until your application is decided.I do have a job and have done so since my time here but I am a bit apprehensive telling them of this. Wouldn't they contact my place of work about this?
I would refrain from giving any information to your employer unless they specifically ask for it. Technically and speaking in strict law, you are not entitled to work as an overstayer while you are entitled to remain until your application is decided. But I can tell you for sure, that in the circumstances you are at the moment, the BIA will not deprive you of your employment.Wouldn't this be big problem for me if my employers find out i have no right to be here?
If your "husband" is the father of your daughter, then she is British by birth. Have you not registered her and got a passport for her yet?!Is there a way of dragging this till January which when my daughter will turn 7 and I might be considered on that basis for an Ilr?
No worries at all. Just feel free to post here any questions you want. This is what this board is here for.I think that might be a better avenue but of course I don't know how this things work so I would appreciate your advise once more.
You can try to submit the documents exactly as they requested. However, if they ask for your husband passport or if an Immigration Officer visits you or calls you for an interview, you may be experiencing problems unless you talk to your husband and ask him to cooperate. I don't know and it is not my business how your relationship is going now but if you can prove that regardless of his mistress, your relationship is still subsisting, you may be successful under the DP3/96, you are being considered.Twin wrote:...oh! And I forgot to add that my marriage subsisted for 6 years before application and 2 years after the application. His letters still come to this address. We have pictures, lots of them up to a year ago. I can easily prove this. It is also very genuine.
You can still be married but what matters is that your marriage is subsisting, i.e. you still live your relationship.Afterall we are not divorced?
Thanks for taking time out to respond.You can try to submit the documents exactly as they requested. However, if they ask for your husband passport or if an Immigration Officer visits you or calls you for an interview, you may be experiencing problems unless you talk to your husband and ask him to cooperate. I don't know and it is not my business how your relationship is going now but if you can prove that regardless of his mistress, your relationship is still subsisting, you may be successful under the DP3/96, you are being considered
But Jeff, I find it quite astounding that parents whose children are subject to immigration control can benefit from the seven year rule and people like me cannot. It's now a curse that my child is British? I was actually hoping and holding tight on that concession for vindication. I think that concession is lop sided then. but why does it say this here with emphasis on the emboldened?Jeff Albright wrote:7 year concession (DP5/96) applies to a family subject to immigration control. Your daughter isn't. So you cannot benefit from it.
However, the length of relationship with your child is something that you should use in your Human Rights application.
You should send the documents requested by the Home Office asap. They may not ask for your husband passport, lets hope not. They may decide on the information you have already provided. You just have to be positive about this. If they do ask for it and subsequently refuse you, there is another way, although lengthy and tedious but there is.
One thing to tell you and there is a case law about this. If your application fail and you could not benefit from the Home Office concession because of the Home Office taking 3 years to consider it and your relationship now is no longer in being, you may claim that the delay has disadvantaged you. You will need to bring this ground to the Home Office attention. This is a very strong point....
But lets see what happens with your DP3/96, if they turn you down, we will see what to do next. Keep us posted!
Good luck!
However i'll follow your suggestion and produce all that I have and just pray.The presence here of children of either the offender or his partner must be taken into account when deciding whether removal is appropriate. Removal will not normally be carried out where there are minor dependent children in the family who have been living in the UK continuously for seven or more years. (DP5/96 refers). Establish the following and report to the relevant casework section:
♦ the children's age;
♦ ties with the natural parent; how often the children see their natural parent; whether any maintenance is paid towards the children's upkeep;
♦ whether the children could easily adapt to a life abroad; whether such a move would cause hardship or put their health at risk;
♦ whether the children have the right of abode; the nationality of the children.
The above factors are balanced against the parents' immigration history and any criminal record.
Cases involving children who are British or have the right of abode here require the authority of a senior caseworker in the relevant casework sectionfor removal.
Twin, could you use 14 years stay basis then? This applies even for unlawful stay...Twin wrote:Global gypsy, this only applies to individuals who have lived in the country legally for that period. I'm unfortunately an overstayer.global gypsy wrote:If you have lived here more than 10 years, I thought you could apply on your own...
You are very very welcome, Twin. We are here to help and will always do and will not charge you a pennyTwin wrote:Jeff, with a risk of sounding patronising, I have to say you are indeed a blessing to this forum. Thank you! Thank you!! Thank you so much! I haven't slept for 3 days! Being on the internet searching for information, a way out of my predicament.
Actually, because you got a reply, your file is now with a caseworker and therefore can be decided within weeks. Delays occur when files are in work queues awaiting to be allocated to the caseworkers that have expertise in dealing with particular type of cases. Home Office's resources are very limited when it comes to dealing with old cases where any period of illegal residence is concerned.To be honest, I was hoping that the HO would reply sometime early next year when my daughter would have been 7.
No, you will never get any leave to remain under the Rules, because you do not qualify under the Rules. If you are successful under the DP3/96 or DP5/96 or Human Rights you will get 3 year discretionary leave to remain, which is called LOTR, Leave Outside the Rules. You will be able to apply for an extension after your 3 years are up and after you have completed 6 years in total on DL, you will be eligible for ILR. No you won't go to square one, because you have your daughter here and those circumstances will be assessed at the time.As it stands now, say the impossible happens and my application is granted, i understand that I only get two years spousal visa, is that correct?
You will have to appeal within 10 working days and your appeal will normally be heard within a month after that.okay, say I get a refusal (i'm hoping this would not be the case but i'm preparing for all eventualities) and I decide to appeal, how long would this take?
Don't worry too much about this at the moment. Once your daughter turns 7 you will always be able to bring additional grounds to the Home Office or the judge.As I said my daughter turns 7 in 6 months. Should the appeal take long and drags into 2008, would this be taken into consideration or would I just get a DLR if successful? I'd rather wait till my daughter turns 7 but I guess the HO are aware that I might want to use this avenue hence their correspondence before Jan. For goodness sake they waited 3 years and a month!
No, I am afraid she cannot because there is an application already pending, which will either result in a refusal and an enforcement action or a grant of leave. In any event, the clocks stopped when the application was submitted to the Home Office.global gypsy wrote: Twin, could you use 14 years stay basis then? This applies even for unlawful stay...
http://www.ukimmigration.com/long_residence
So, if I understand you correctly; you are saying that in any case; be it seven years rule or marriage or human rights, I wouldn't have gotten an Ilr outright? Did this change occur after 2002 as I know that my aunty obtained her ilr outrightly based on the 7 year rule.No, you will never get any leave to remain under the Rules, because you do not qualify under the Rules. If you are successful under the DP3/96 or DP5/96 or Human Rights you will get 3 year discretionary leave to remain, which is called LOTR, Leave Outside the Rules. You will be able to apply for an extension after your 3 years are up and after you have completed 6 years in total on DL, you will be eligible for ILR. No you won't go to square one, because you have your daughter here and those circumstances will be assessed at the time.
with regard to your comment above, my little understanding of the DLR is that once issued, you cannot switch to a different visa? I thought you'd have to stick out the 3 years in any situation?Don't worry too much about this at the moment. Once your daughter turns 7 you will always be able to bring additional grounds to the Home Office or the judge
Global gypsy, that is very thoughtful of you but yet again, I haven't been here for 14 years yet.global gypsy wrote:Twin, could you use 14 years stay basis then? This applies even for unlawful stay...Twin wrote:Global gypsy, this only applies to individuals who have lived in the country legally for that period. I'm unfortunately an overstayer.global gypsy wrote:If you have lived here more than 10 years, I thought you could apply on your own...
http://www.ukimmigration.com/long_residence
In my knowledge, this all has now been changed. It is very rare when ILR is granted outside the Rules outright. DP3 and DP5 come under Human Rights and if successful, DL will be granted. Even asylum seekers are rarely granted ILR straight away now (only in exceptional circumstances).Twin wrote: So, if I understand you correctly; you are saying that in any case; be it seven years rule or marriage or human rights, I wouldn't have gotten an Ilr outright? Did this change occur after 2002 as I know that my aunty obtained her ilr outrightly based on the 7 year rule.
DL is granted only if you do not qualify under any other standard Rules. However, it does not mean that you cannot obtain other leave at a later date if you wish. It is not guaranteed that your DL will be extended so it is open for you to apply under the Rules in the future if you qualify. However, it does not make much sense because while being on DL you are getting more benefits than on any other category under the Immigration Rules. In your situation, because you have a child being a British Citizen and you are in close relationship with her, I see no reason why your extension of DL should not be granted.with regard to your comment above, my little understanding of the DLR is that once issued, you cannot switch to a different visa? I thought you'd have to stick out the 3 years in any situation?
This reflects the type of the application you had made but does not mean that exactly this status will be granted. If your solicitor applied for ILR for you, the Home Office will echo it in their letters, however, the status will be granted in accordance with the relevant policies.Twin wrote:one more thing, Jeff.
I noticed that on the HO's letter, the subject was Indefinit Leave to Remain. so, i'm assuming that had everything been straight forward ie my husband cooperating, it's likely that they would have granted an ILR or...am I being optimistic?