REMOVAL DIRECTION AND APPEAL

[saiyuki91]

Hi Everyone

I am hoping you can help shed some light on my issue. I am a british born (with british birth certificate) over 21 overstayer since nearly 10 years now. Left the uk in the early 90's as a child with my non british parents and returned to the uk when i was 13. I have british citizen family members aunts, uncles grandparents, etc who i live with. I have been living and working legally with my birth certificate. My only issue is being stateless and not having the right to reside or travel.
I have been refused an application based on private life and have been refused also a judiciary review and now my solicitor is advising a request for a removal direction in order to gain a right of appeal against this decision in court.
I just wanted to know if there are any other grounds i could apply on as a fresh application or anything else i can do to help my situation.

Hope to hear from someone soon.

Thanks

[Wanderer]

How did you get a British Birth Certificate? Where your parents settled (ie had ILR)?

[GMacNab]

How did you get a British Birth Certificate? Where your parents settled (ie had ILR)?

A British birth certificate only indicates where you are born and doesn't give any status.

[saiyuki91]

Hi

Wanderer no, they were with no status to remain in the uk. And yes like GmacNab said, it only shows that i was born here, but as it is not a legal requirement to own a passport as a british citizen to reside or work in the UK, which is actually contradictory to them but understandable as it should be a personal right, i have been able to use this legally for legal reasons.

My only restraint is on travel and well the fact that i am legally an overstayer.

Any advice on the matter at all, regarding the request for removal in order to act on the appeal, or any chance of claiming asylum based on fear of persecution as being part of a certain social group in my country of origin based on new bill passed there.

Hope this is clear and hope some advice can be given .


Thanks Guys

[peppekalle]

I suggest go with what your solicitor is saying...let them issue you with removal directions then you can appeal against that.

[vinny]

How old were you when you initially left the UK?
Why didn't you apply for ILR after 14 years in the UK?

[ouflak1]

Also, what was the citizenship of your parents? You mentioned you were stateless, but that might not be the case.

[saiyuki91]

I suggest go with what your solicitor is saying...let them issue you with removal directions then you can appeal against that.

Thanks for the advice, Any advice on the matter at all, regarding the request for removal in order to act on the appeal, or any chance of claiming asylum based on fear of persecution as being part of a certain social group in my country of origin based on new bill passed there.

Another option i could try is the EEA non-family members route, with my 6 month non- cohabiting french partner. Any ideas?

Thanks

[saiyuki91]

How old were you when you initially left the UK?
Why didn't you apply for ILR after 14 years in the UK?

Hi i was 3 and returned 10 years later. Wasn't here for 14 years

[saiyuki91]

Also, what was the citizenship of your parents? You mentioned you were stateless, but that might not be the case.

They didn't have british citizenship. They were a west african country citizens. To my knowledge that doesn't change anything does it?

[Seneca]

Hi was 3 and returned 10 years later. Wasn't here for 14 years

How long you have been living in Uk since you came back?

[Seneca]

Hi was 3 and returned 10 years later. Wasn't here for 14 years

How long you have been living in Uk since you came back? How old are you now? Under 25 years or over?

[ouflak1]

Also, what was the citizenship of your parents? You mentioned you were stateless, but that might not be the case.

They didn't have british citizenship. They were a west african country citizens. To my knowledge that doesn't change anything does it?

It depends on the citizenship laws of their country (ies). On what passport did you travel to the UK on ten years ago? Do you still have it? Is it still valid? If you are a citizen of that country, then you should be able to get travel documents (passport, etc...) from that country that would allow you to travel. And most importantly, you wouldn't be stateless. This is rather relevant because I don't know if the UK will issue a removal direction if you are stateless except in cases of serious criminal activity. No removal direction, no appeal. You could be stuck in limbo for an even longer period of time. Also, on what basis did you arrive the second time in the UK? It would be good to get a count of the total amount of time you actually spent in the UK legally (especially if that is over ten years, of which you already have 3).

[saiyuki91]

Hi was 3 and returned 10 years later. Wasn't here for 14 years

How long you have been living in Uk since you came back? How old are you now? Under 25 years or over?

Hi i been living here just over 9 years, my solicitor tried to apply based on private life of living here for half of your lifetime under article 8 but it was refused because my residence hasn't been continuous as i was here till i was 3 for 3 years then came back when i was 13 and separately thats half of my lifetime but not continuously. Thats why it was refused. A JR was also refused and now we are at the point of requesting for removal in order to have appeal rights.

[saiyuki91]

Hi was 3 and returned 10 years later. Wasn't here for 14 years

How long you have been living in Uk since you came back? How old are you now? Under 25 years or over?

I am now 22 years

[saiyuki91]

Also, what was the citizenship of your parents? You mentioned you were stateless, but that might not be the case.

They didn't have british citizenship. They were a west african country citizens. To my knowledge that doesn't change anything does it?

It depends on the citizenship laws of their country (ies). On what passport did you travel to the UK on ten years ago? Do you still have it? Is it still valid? If you are a citizen of that country, then you should be able to get travel documents (passport, etc...) from that country that would allow you to travel. And most importantly, you wouldn't be stateless. This is rather relevant because I don't know if the UK will issue a removal direction if you are stateless except in cases of serious criminal activity. No removal direction, no appeal. You could be stuck in limbo for an even longer period of time. Also, on what basis did you arrive the second time in the UK? It would be good to get a count of the total amount of time you actually spent in the UK legally (especially if that is over ten years, of which you already have 3).

They are Nigerian and i don't know of any citizenship laws that allows me any benefits as a Nigerian citizen here in the UK. I travelled here just over 9 years ago now on a 6 months visitor visa which has long expired as well as my expired passport which the home office are holding on to and have been since my submission of an appeal again their refusal on my first application for leave to remain. The first application with a inexperienced solicitor was not very good.


I have only arrived here once and left once. I was born here. Im sorry i said I'm STATELESS. I meant i have no status to reside here. I guess I'm a nigerian citizen.


Yes in relation to the total count of years refer to my above reply. it has been a total of 12 years coming to 13 but not continuously. and the private life conditions was on a continuos half of lifetime basis

[Seneca]

I guess another option for you is to put another application this time better prepared, argued and presented with the help of competent solicitor quoting relevant case laws. It might fail or succeed. But it seems your options are limited for now.

JR, review the decision presented previous. If the case was poorly presented in the first instance then it is difficult to win the argument.

Read up FLR O forums as there are people with similar experinces as yours there. http://www.immigrationboards.com/immigr ... -8300.html