Discretionary leave extension, renewal

[Obi kaman]

Hi
I was given a Discretionary leave to remain after wining the upper tribunal for Article 8, soon after I was given 2 x six months visa's and then I was issued with a Biometric Residents Card for 3 years, June 2013, this means I need to apply to renew it, however theres is a massive fee plus the NHS fee in which I cannot afford, I am not on benefit or anything, I work part time making less than £100 a week and I live with my family.

My circumstances remains the same as before, I have completed the FLR(0) form but I cannot or afford the fee for this, it is ridiculous and I'm extremely worried.

Could someone kindly advise.

many thanks

[Ololade1]

Bro,

I am sorry about your predicament,but you have to look for the fees whatever way you can.

If you don't it might lead to worse circumstances that may be out of your control.

DLR were tricky but since you need to renew yours, please renew before the said time.

Try and get an extra job, get a loan do something brov.

[Obi kaman]

Summary:
Raised since childhood in the UK.

Won Upper Tribunal case for Human Right / Article 8

Was given visa's which I've never paid anything for.

Need to extend my DLR visa which is soon expires. Applied via FLR(o) right on time.

Got acknowledgment letter from HM.

Soon followed by a letter telling me I have to pay for the Fee and NHS surcharge.

I did checked the box on the form for waving the visa fee, but now H.O sent me a letter saying my application can be rejected or refused due to non payment, and if so I will be classed as over stayer!

This is a joke, clearly the court Upper tribunal has ruled and I cannot afford the fees I just dont have the money.

The Secretary of State will waive the fee in respect of certain types of immigration
application, where failure to do so would render the applicant incapable of exercising their
rights under the European Convention on Human Rights (ECHR). The courts have
considered fee waivers in an immigration context in two key judgments: Omar, R (on the
application of) v Secretary of State for the Home Department [2012] EWHC 3448 (Admin)
and Carter, R (On the Application Of) v Secretary of State for the Home Department [2014]
EWHC 2603 (Admin). This guidance has taken careful account of both judgments.
The applications covered by this guidance are applications for leave to remain under the
10-year partner, parent or private life route on an FLR(FP) form, where the applicant claims
that refusal of that application for leave to remain would breach his or her rights (or the
rights of other specified persons) under Article 8 ECHR (the right to respect for private and
family life), or applications for leave to remain on the basis of an ECHR article other than
Article 8 made on an FLR(O) form. If the applicant is a child and his or her parent or parents
have or are seeking leave to remain, the whole family unit must qualify under this policy for
any member of it to qualify for a fee waiver.

In assessing the fee waiver application the caseworker must have careful regard to the duty
under section 55 of the Borders, Citizenship and Immigration Act 2009 to safeguard and
promote the welfare of children in the UK.

WHAT SHOULD I DO?

CAN THEY REJECT MY APPLICATION?

REAL ADVISE PLEASE THANKS

[secret.simon]

At what age did you enter the country? How old are you now? Do you have any family in the UK and if so, how are they related to you?

[Obi kaman]

13 YO, 29

All family members are here and British Citizen. Mum dad etc

Had criminal conviction years back, was given automatic deportation order, the case went to court and at the appeal or Upper Tribunal I won my case on human right / article 8.

No appeal made in relation to the upper tribunal ruling by the UKBA / HO

Soon after I was given a 6 months visa limited leave to remain followed with another 6 month and then a 3 years DLR Biometric Resident card.

This is due for renewal in which I made an application subject to my immigration history and the upper tribunal.

[Obi kaman]

Summary:
Raised since childhood in the UK. All families British Citizen and live here mum, dad etc

Won Upper Tribunal case for Human Right / Article 8

Was given visa's which I've never paid anything for.

Need to extend my DLR visa which is soon expires. Applied via FLR(o) right on time.

Got acknowledgment letter from HM.

Soon followed by a letter telling me I have to pay for the Fee and NHS surcharge.

I did checked the box on the form for waving the visa fee, but now H.O sent me a letter saying my application can be rejected or refused due to non payment, and if so I will be classed as over stayer!

This is a joke, clearly the court Upper tribunal has ruled and I cannot afford the fees I just dont have the money.

The Secretary of State will waive the fee in respect of certain types of immigration
application, where failure to do so would render the applicant incapable of exercising their
rights under the European Convention on Human Rights (ECHR). The courts have
considered fee waivers in an immigration context in two key judgments: Omar, R (on the
application of) v Secretary of State for the Home Department [2012] EWHC 3448 (Admin)
and Carter, R (On the Application Of) v Secretary of State for the Home Department [2014]
EWHC 2603 (Admin). This guidance has taken careful account of both judgments.
The applications covered by this guidance are applications for leave to remain under the
10-year partner, parent or private life route on an FLR(FP) form, where the applicant claims
that refusal of that application for leave to remain would breach his or her rights (or the
rights of other specified persons) under Article 8 ECHR (the right to respect for private and
family life), or applications for leave to remain on the basis of an ECHR article other than
Article 8 made on an FLR(O) form. If the applicant is a child and his or her parent or parents
have or are seeking leave to remain, the whole family unit must qualify under this policy for
any member of it to qualify for a fee waiver.

In assessing the fee waiver application the caseworker must have careful regard to the duty
under section 55 of the Borders, Citizenship and Immigration Act 2009 to safeguard and
promote the welfare of children in the UK.

WHAT SHOULD I DO?

CAN THEY REJECT MY APPLICATION?

REAL ADVISE PLEASE THANKS

[noajthan]

Kindly keep your posts in one thread - this one.

Multiple posts

[Obi kaman]

At what age did you enter the country? How old are you now? Do you have any family in the UK and if so, how are they related to you?

Any Advice / Help ?

Many thanks