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Need advice about article 8

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swadez
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Posts: 13
Joined: Sun Oct 25, 2009 7:24 pm

Need advice about article 8

Post by swadez » Sat Aug 03, 2013 2:40 am

Posting on behalf of someone. Here is her situation:

She applied for Further leave to remain under article 8 family and private life for herself, human rights of third party too. Won't go into the specifics of the case as age is not interested on seeking advise on that, yet.

She submitted her application by post beginning if July this year and rechecked acknowledgement letter 2 weeks after. Nothing since. She has the following questions:

1. How long are current cases taking? Some care saying 3 months while others state a year.

2. She did not submit fee for the application as she put in a destitute form citing that she has no monies. Part of her case which I won't go into. Some people are saying that she was very silly not to submit a few as they will not even consider a destitute claim. Is this true?

3. She put in the application a week before her visa expired, so if her application is refused then she will get right of appeal. Again, some people are saying that as she has not submitted a fee, she will need to send in another application after this one is refused. But, as the second application will have been made much later then her visa expiry, she will not get a right if appeal. Is this true?

4. If her application is refused, does she get all her documents returned too?

5. When her application is refused, does she get a removal notice with it? Or does that come after?

6. Does the removal notice give her a right of appeal?

7. If she does get a removal notice, can she not put in a fresh application rather than an appeal?

8. Does she have the option of asking for a review of her refusal of destitute claim?

9. Can she ask for review instead of an appeal?

10. She did not use a legal representative as she has no money, will this go against her?

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