FP refused please help

[subtlegirl]

Hi all,

Would appreciate some advice please.

I came to this country age 16 then left to finish my exams and returned age 17 in 2000. 

When I came here it was to live with my mum who had indefinite leave to remain at the time. When we rang the home office for advice regarding my application I was informed that I would not qualify. We soon learnt this was poor advice. 

I stayed on as a student and became an over stayer in 2007. A lot was going on then. 

I'm now pregnant (the dad is also an overstayer) and I've decided to apply for fp on the grounds of 1. Wrongful advice and being eligible at the point of entry 2. Long Stay in the UK. I came here as a child my mum has no property in my home country and I'd be homeless should I return. I have very little ties with my country my aunt and grandmother who look after me have since left the country. 3. I lost my first baby he is buried in our local cemetery whose grave I visit often.

I was refused because I did not meet their criteria and they did not acknowledged that I was eligible for leave to remain at the point of entry at all. 

Reasons for refusal are

1. They said for the 17 years and 11 months I spent in my country I'd built sufficient ties there. (Note I'm my mother's only child and I do not have a close relationship with my father)

2. I do not live here for 20 years nor do I meet the half a life criteria. 

3. No restriction to visit baby (bare on mind travelling back to the UK will be difficult

they did not address the fact that I was eligible for ILR at the point of entry, poor advice meant I did not apply. They said nothing about this.

We are now going for judicial review. 

I just need to know because I really have a lot at stake here. Your advice would be appreciated. 

Do I have a strong case? 

[subtlegirl]

Any advice please?

[subtlegirl]

Still no one is able to advise me on this?

Does it mean my case is unusual. Do I have little grounds or do I have sufficient grounds to have a desired outcome of ilr?

[subtlegirl]

Amber,

You seem to be well informed on this forum. Do you have any advice?

I've had quite a lot of views but no feedback.

[Frontier Mole]

I wish you luck with your JR.

Based on the information you have supplied your JR is likely to fail. The court will strip out the emotional parts of your claim and consider only the bare facts and legal basis.

Looking at it dispassionately your case is extremely weak:

Unless you have written confirmation of the ILR advise given by UKBA at the time you can not rely on that point
You are a long term overstayer
Your partner is also an overstayer
You have begun a family in the UK knowing that you nor your partner have a legal right to remain.


There will be a whole raft of secondary issues thrown into the mix to discredit you if it goes to JR - illegal working, use of NHS for child birth etc etc.

The rule changes in the past years have made it extremely difficult for overstayer claims such as yours to suceed.

The emotional points that you are making do not constitute legal basis and I appreciate that they are practical points that you will feel support your argument however they do not alter the facts.

What does your legal rep say about your chances of success?

[subtlegirl]

I wish you luck with your JR.

Based on the information you have supplied your JR is likely to fail. The court will strip out the emotional parts of your claim and consider only the bare facts and legal basis.

Looking at it dispassionately your case is extremely weak:

Unless you have written confirmation of the ILR advise given by UKBA at the time you can not rely on that point
You are a long term overstayer
Your partner is also an overstayer
You have begun a family in the UK knowing that you nor your partner have a legal right to remain.


There will be a whole raft of secondary issues thrown into the mix to discredit you if it goes to JR - illegal working, use of NHS for child birth etc etc.

The rule changes in the past years have made it extremely difficult for overstayer claims such as yours to suceed.

The emotional points that you are making do not constitute legal basis and I appreciate that they are practical points that you will feel support your argument however they do not alter the facts.

What does your legal rep say about your chances of success?

Hi Frontier Mole,

Thank you for your honest opinion. Do you believe Judicial Review will be a long drawn out process with my case?

Thanks for the advice and the honesty.

[subtlegirl]

I'm also the primary career of my cousin whose a British citizen. Her mum is in the United States and no longer resides in her home country and her dad who's British is not her career.

I've been her career from day 1 in 2008.

Would that strengthen my case?

[subtlegirl]

Just noticed that I did not answer your question. My solicitor told me I have over 50% chance. She warned me of the dangers but the fact you said it's extremely weak makes me question why I went ahead with the application.

Would going to JR be more of a disadvantage to me?

The illegal working etc you mentioned I prefer to not make the situation worse.

What would you advise I do?

[Wanderer]

I'm also the primary career of my cousin whose a British citizen. Her mum is in the United States and no longer resides in her home country and her dad who's British is not her career.

I've been her career from day 1 in 2008.

Would that strengthen my case?

Probably make it worse, it's working illegally, even if unpaid....

[subtlegirl]

I'm also the primary career of my cousin whose a British citizen. Her mum is in the United States and no longer resides in her home country and her dad who's British is not her career.

I've been her career from day 1 in 2008.

Would that strengthen my case?

Probably make it worse, it's working illegally, even if unpaid....

Hi Wanderer,

I'm her guardian not a career as in terms of working to look after her.

Without me she will not be in the UK.

That's what I meant.

[Amber]

Just ignore Wanderer he can't help himself. Which Country are you native?

[subtlegirl]

Just ignore Wanderer he can't help himself. Which Country are you native?

Thank you Amber I'm native to Dominica

[Amber]

You'll be looking at arguing you have no cultural or family ties with the Dominica, can you do that?

[subtlegirl]

You'll be looking at arguing you have no cultural or family ties with the Dominica, can you do that?

I can argue that. I'm my mother only child. The first of my dad 10 children we do not have a close relationship. It's always my mum who looked after me.

When my mum travelled to UK there was no one to look after me except a sister who now lives in the USA.

That's the mum of the cousin I'm looking after.

My mum wasn't very close to her siblings when I was growing up. Also a lot of people I was close to have travelled since then.

I'd honestly be homeless should I return to my country.

[subtlegirl]

Just ignore Wanderer he can't help himself. Which Country are you native?

Thank you Amber I'm native to Dominica

Thanks Amber your letter gave me hope.

[Amber]

Then you'd stand a good chance.

[es2013]

i worked illegally bust still got my flr(fp). Do you have proof you are the carer of your cousin? how old are they? In my opinion you may apply basing the fact on being sole carer for your british cousin. You might stand a better chance, than going the route of overstayed partner or private life

[subtlegirl]

i worked illegally bust still got my flr(fp). Do you have proof you are the carer of your cousin? how old are they? In my opinion you may apply basing the fact on being sole carer for your british cousin. You might stand a better chance, than going the route of overstayed partner or private life

Hi es2013,

I can prove that I've been her guardian and career. Her main career though.

[subtlegirl]

She's 13. She's been here since the age of 7. She'll be 14 in 3 months.

Can I also ask is it possible to apply for EEA family permit if she's British?

[Frontier Mole]

While I agree with Ambers view in that the approach to take is "I can’t go back because I have no ties" - I do not share the view that you have a good chance unless that means less than 50%.

Am I correct in thinking that your lawyer has not explained the JR process in any great detail? More of a case this is your only route so you have to take kind of option? And what about the costs??

I am not saying give up by any means but be fully aware of the process and the limits as to what can be achieved.

Your posts are full of emotion, which I understand, however the legal process is not emotionally slanted and throwing everything at the legal process is not a solution that works readily.

A few other questions that may point to a better understanding of your case:

What nationality is your partner and what is he doing about regularising his stay in the UK? Is he dependent on your application? How long has he been an overstayer?

Do you have any legal rights in regards the care of your cousin? Who pays for your cousins accommodation food etc.?

Please also consider if you are stating that you are the primary care provider for your cousin that begs the question who should be and why are they not doing so? If you contend that point and considering the probable lack of legal status you have in that regard it might prompt the child protection alarm bell.

[Wanderer]

Please also consider if you are stating that you are the primary care provider for your cousin that begs the question who should be and why are they not doing so? If you contend that point and considering the probable lack of legal status you have in that regard it might prompt the child protection alarm bell.

That's what I was trying to get to in my usual sledgehammer manner.

[subtlegirl]

While I agree with Ambers view in that the approach to take is "I can’t go back because I have no ties" - I do not share the view that you have a good chance unless that means less than 50%.

Am I correct in thinking that your lawyer has not explained the JR process in any great detail? More of a case this is your only route so you have to take kind of option? And what about the costs??

I am not saying give up by any means but be fully aware of the process and the limits as to what can be achieved.

Your posts are full of emotion, which I understand, however the legal process is not emotionally slanted and throwing everything at the legal process is not a solution that works readily.

A few other questions that may point to a better understanding of your case:

What nationality is your partner and what is he doing about regularising his stay in the UK? Is he dependent on your application? How long has he been an overstayer?

Do you have any legal rights in regards the care of your cousin? Who pays for your cousins accommodation food etc.?

Please also consider if you are stating that you are the primary care provider for your cousin that begs the question who should be and why are they not doing so? If you contend that point and considering the probable lack of legal status you have in that regard it might prompt the child protection alarm bell.

Hi Frontier your post made me look for a second opinion with solicitors currently advising me.

They both informed me that the fact that I have no social or cultural ties to my home country is the basis I could win my JR and sighting previous case studies which my solicitors did in my original application as well as PAP letter.

quote: The Applicant therefore seeks reliance on Huang & Kashmir v SSHD [2007], Beoku-Betts v Secretary of State for Home Department (2008) UKHL 39 and EB (Kosovo v SSHD (2008) UKHL 41.

also the fact I entered the country as a minor, doesn't this not help my case in anyway?

social service should not be alarmed by me being the primary career of my cousin. I'm her legal guardian, on what grounds would they be alerted?


Your insight into this would be gratefully appreciated.

[subtlegirl]

Please also consider if you are stating that you are the primary care provider for your cousin that begs the question who should be and why are they not doing so? If you contend that point and considering the probable lack of legal status you have in that regard it might prompt the child protection alarm bell.

That's what I was trying to get to in my usual sledgehammer manner.

They'd severe a tie with her family and put her into social carer? Why? She's my first cousin I'm not a stranger. I really do not understand what you mean.

[Frontier Mole]

What nationality is your partner and what is he doing about regularising his stay in the UK? Is he dependent on your application? How long has he been an overstayer?

Can you answer those points please?

It will aid the overall case understanding.

Thanks

[subtlegirl]

What nationality is your partner and what is he doing about regularising his stay in the UK? Is he dependent on your application? How long has he been an overstayer?

Can you answer those points please?

It will aid the overall case understanding.

Thanks

He's not part of my application. He's no longer in the picture as well. He's been an overstayer for about 7 years I believe. He would have been dependant on my application