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ILR REFUSED, WHAT TO DO NEXT?

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sunnyhoney666
Newbie
Posts: 41
Joined: Mon Jul 11, 2011 12:37 am

ILR REFUSED, WHAT TO DO NEXT?

Post by sunnyhoney666 » Mon Jul 11, 2011 2:49 am

Hi
First of all thanks for reading my post and appreciate your help in advance.

Just to give you some idea about our background and current situation

I live in London with 4 dependents i.e my wife, 3 children aged 6 yrs 5 months, 3 yrs 10 months and 2 yrs 8 months all born in the UK.

First 2 children are school going and we have very good connections with other families/friends and community people. I also do volunteering work for Barnardos charity and our local council disability organisation. Infect, I've received appreciation letters from them. I'm also serve local community newspaper as freelancer reporter and cover government and community programmes.

My case

Me and my wife came in to UK as visitor in May 2004, since then my wife never went back home, I went in 2006 for 2 weeks and came back in the UK.
Now we live as over stayer in this country.

We've applied for ILR set(0) last year 2010 in May and had been refused in september 2010, we then sent our application for re-consideration, again has been refused on 20th of May 2011. my solicitor said that wait for removal letter from UKBA.

I've contacted to new solicitor he he said that the first solicitor submitted our case in wrong category and should have applied for FLRO legacy case.

Honestly and truly I've spent lot of money towards that and got no hope.
Now new solicitor has advised me to apply new case in FLRO based on my children

My questions
1. Shoud I wait for the letter from UKBA? and prepare to go?
2. Will UKBA will visit my home and take us to remove the country?
3. Should I wait for my daughter until she becomes 7 years and then submitt new case? FLRO or any suggestions?
4. What are the things, documents would be helpful for my new case?
5. Legacy policy still exists or discretionary leave can be granted?

Please help me I'm very anxious and upset as well as my all family members.

Awaiting for your help.
Thanks
Sunny

[/b]

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Re: ILR REFUSED, WHAT TO DO NEXT?

Post by mochyn » Mon Jul 11, 2011 7:47 am

sunnyhoney666 wrote:Hi
First of all thanks for reading my post and appreciate your help in advance.

Just to give you some idea about our background and current situation

I live in London with 4 dependents i.e my wife, 3 children aged 6 yrs 5 months, 3 yrs 10 months and 2 yrs 8 months all born in the UK.

First 2 children are school going and we have very good connections with other families/friends and community people. I also do volunteering work for Barnardos charity and our local council disability organisation. Infect, I've received appreciation letters from them. I'm also serve local community newspaper as freelancer reporter and cover government and community programmes.

My case

Me and my wife came in to UK as visitor in May 2004, since then my wife never went back home, I went in 2006 for 2 weeks and came back in the UK.
Now we live as over stayer in this country.

We've applied for ILR set(0) last year 2010 in May and had been refused in september 2010, we then sent our application for re-consideration, again has been refused on 20th of May 2011. my solicitor said that wait for removal letter from UKBA.

I've contacted to new solicitor he he said that the first solicitor submitted our case in wrong category and should have applied for FLRO legacy case.

Honestly and truly I've spent lot of money towards that and got no hope.
Now new solicitor has advised me to apply new case in FLRO based on my children

My questions
1. Shoud I wait for the letter from UKBA? and prepare to go?
2. Will UKBA will visit my home and take us to remove the country?
3. Should I wait for my daughter until she becomes 7 years and then submitt new case? FLRO or any suggestions?
4. What are the things, documents would be helpful for my new case?
5. Legacy policy still exists or discretionary leave can be granted?

Please help me I'm very anxious and upset as well as my all family members.

Awaiting for your help.
Thanks
Sunny

[/b]
What is your nationality?
How did you leave UK in 2006 and then come back?
Are you and your wife the same nationality?
Are you in paid employment?
How do you manage to pay for accommodation and food?
Are you working illegally?

gads
Newly Registered
Posts: 16
Joined: Mon Jul 11, 2011 12:20 pm

Post by gads » Mon Jul 11, 2011 12:39 pm

Hi, i understand your position as iam in the same position as you , your first solicitor did not do u any good as u filled in the wrong form, u need to fill the flro form and asdd as many documents as you can like doctors report, ur kids bith certificate , ur kids school progress report, letters from british citizens to show tht they know you pictures of ur kids loads of document i know of about 2 people that have been granted , but u will be given discretionary leave to remain not indefinite leave to remain use a solicitor tht knbows wht they are doing and they should quote some case laws including zh tanzania best interest of a children do not give up , u need yto be persistant and patient r child is almost 7 which evem makes ur case stronger . all the best feel free to ask me any question but please seek legal advice

sunnyhoney666
Newbie
Posts: 41
Joined: Mon Jul 11, 2011 12:37 am

Re: ILR REFUSED, WHAT TO DO NEXT?

Post by sunnyhoney666 » Mon Jul 11, 2011 2:49 pm

Hi
Thanks for your quick response.
We are Pakistani national
When I went Pakistan, I had my valid visit (5 years) expired in 2008
Me and my wife have same nationality
No. I do Handy man job. as I can't work in an organisation or shop
Sharing a house, got 2 rooms and paying rent by doing handy man job, very very difficult but trying to survive in this situation

Please advise as per your best knowledge if you have any solution
Once again thank you for your kind cooperation.

regards

mochyn wrote:
sunnyhoney666 wrote:Hi
First of all thanks for reading my post and appreciate your help in advance.

Just to give you some idea about our background and current situation

I live in London with 4 dependents i.e my wife, 3 children aged 6 yrs 5 months, 3 yrs 10 months and 2 yrs 8 months all born in the UK.

First 2 children are school going and we have very good connections with other families/friends and community people. I also do volunteering work for Barnardos charity and our local council disability organisation. Infect, I've received appreciation letters from them. I'm also serve local community newspaper as freelancer reporter and cover government and community programmes.

My case

Me and my wife came in to UK as visitor in May 2004, since then my wife never went back home, I went in 2006 for 2 weeks and came back in the UK.
Now we live as over stayer in this country.

We've applied for ILR set(0) last year 2010 in May and had been refused in september 2010, we then sent our application for re-consideration, again has been refused on 20th of May 2011. my solicitor said that wait for removal letter from UKBA.

I've contacted to new solicitor he he said that the first solicitor submitted our case in wrong category and should have applied for FLRO legacy case.

Honestly and truly I've spent lot of money towards that and got no hope.
Now new solicitor has advised me to apply new case in FLRO based on my children

My questions
1. Shoud I wait for the letter from UKBA? and prepare to go?
2. Will UKBA will visit my home and take us to remove the country?
3. Should I wait for my daughter until she becomes 7 years and then submitt new case? FLRO or any suggestions?
4. What are the things, documents would be helpful for my new case?
5. Legacy policy still exists or discretionary leave can be granted?

Please help me I'm very anxious and upset as well as my all family members.

Awaiting for your help.
Thanks
Sunny

[/b]
What is your nationality?
How did you leave UK in 2006 and then come back?
Are you and your wife the same nationality?
Are you in paid employment?
How do you manage to pay for accommodation and food?
Are you working illegally?

sunnyhoney666
Newbie
Posts: 41
Joined: Mon Jul 11, 2011 12:37 am

Post by sunnyhoney666 » Mon Jul 11, 2011 3:04 pm

Hi Thank you for your kind reply. really appreciate your concern and advise. Well, basically my solicitor asked me for full story and wrote down everything and just made a draft and submitted. He said that you will be refused then we will apply for consideration then you will be refused then we will go for J.review. He knew all situation but did nothing. Infect, he always gave me wrong information and hopes.

Whatever you advised me in your reply, my new solicitor has advised me the same things and he said that we should wait for my daughter become 7 years old. problem is, in the meantime if I receive a letter from UKBA or any other agency and they will ask me to go, I don't know what to do then??

Solicitor told me that you live with children as a family and they normally do not visit at once but to give you a date and sufficient time. He also said that when you received that letter, call them and tell them that I'm intending to apply for new case or JR. they will give us some time.

All we are doing is at the moment WAIT.
In the meantime, preparing docs such as
Docltor GP record
School record
letters from family friends confirming that they know us for last 6-7 years
Letters from the council department where is work as volunteer, this is the same council where I live, so basically I'm involved in community work
I also have 2 appreciation/thank you letters from Barnardos (well known UK charity)
Letters from our community centers where they confirm that I help them for community work/events
Loads of family pictures showing all members with other families

That's it, please reply me if you can, its really give me hope and moral support.

regards
sunny






gads wrote:Hi, i understand your position as iam in the same position as you , your first solicitor did not do u any good as u filled in the wrong form, u need to fill the flro form and asdd as many documents as you can like doctors report, ur kids bith certificate , ur kids school progress report, letters from british citizens to show tht they know you pictures of ur kids loads of document i know of about 2 people that have been granted , but u will be given discretionary leave to remain not indefinite leave to remain use a solicitor tht knbows wht they are doing and they should quote some case laws including zh tanzania best interest of a children do not give up , u need yto be persistant and patient r child is almost 7 which evem makes ur case stronger . all the best feel free to ask me any question but please seek legal advice

User avatar
Casa
Moderator
Posts: 25753
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Mon Jul 11, 2011 3:18 pm

If you're referring to the 7 year rule regarding a child with no legal status in the UK, this no longer applies.

"As of the 9th December 2008, this policy was withdrawn as "the original purpose and need for the concession has been overtaken by the Human Rights Act and changes to immigration rules".

Your new solicitor should be fully aware that this was scrapped from the UKBA regulations two and a half years ago.

sunnyhoney666
Newbie
Posts: 41
Joined: Mon Jul 11, 2011 12:37 am

Post by sunnyhoney666 » Mon Jul 11, 2011 3:42 pm

Casa wrote:If you're referring to the 7 year rule regarding a child with no legal status in the UK, this no longer applies.

"As of the 9th December 2008, this policy was withdrawn as "the original purpose and need for the concession has been overtaken by the Human Rights Act and changes to immigration rules".

Your new solicitor should be fully aware that this was scrapped from the UKBA regulations two and a half years ago.
Thanks for reply, Any idea what to do next? how about discretionary leave?? I don't have an option but to take a chance on this one. my solicitor knows that but he said that we should apply for FLRO, let's see what happen.

regards
sunny

lamzat
Newly Registered
Posts: 21
Joined: Tue Jun 14, 2011 9:19 pm

Post by lamzat » Mon Jul 11, 2011 6:05 pm

Your bane seems to be inapprorpriate legal advise. Please note that my submission is not binding and its just for guidance only if u wish. By virtue of your family background, number of children and connections in the UK, you have a point. Discretionarily and under Article 8, your case maybe considered. You need to get a caseworker that knows his or her onions. You must represent your application without further delay. Your child clocking 7 is extraneous. Your standpoint now is on human rights and the interest of your children. Though Article 8 is no consolation prize for overstayers but still you qualify under its compassionate provisions.

As a writer above said, gather all your best documents, contact a proper solicitor, I am wont to suggest that you discuss your case with the moderators of this forum, sorry for the advert, but they have seen it all and maybe able to assist you. Remember the government is considering shifting the goal post on Article 8, so move in swiftly and file your application. With a powerful supporting letter, your misery days are numbered.

You have Beoku Betts, ZH Tanzania, Section 55 and presumably, if you dont have a criminal record, good for you.

Please note that my comments is not a legal advise. Consult your solicitor.
Thank you.

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Aug 23, 2011 3:07 am

See also recent judgment.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sheema_shah75
Newly Registered
Posts: 17
Joined: Sat Aug 06, 2011 7:25 am

Re: ILR REFUSED, WHAT TO DO NEXT?

Post by sheema_shah75 » Tue Aug 23, 2011 5:33 am

sunnyhoney666 wrote:Hi
First of all thanks for reading my post and appreciate your help in advance.

Just to give you some idea about our background and current situation

I live in London with 4 dependents i.e my wife, 3 children aged 6 yrs 5 months, 3 yrs 10 months and 2 yrs 8 months all born in the UK.

First 2 children are school going and we have very good connections with other families/friends and community people. I also do volunteering work for Barnardos charity and our local council disability organisation. Infect, I've received appreciation letters from them. I'm also serve local community newspaper as freelancer reporter and cover government and community programmes.

My case

Me and my wife came in to UK as visitor in May 2004, since then my wife never went back home, I went in 2006 for 2 weeks and came back in the UK.
Now we live as over stayer in this country.

We've applied for ILR set(0) last year 2010 in May and had been refused in september 2010, we then sent our application for re-consideration, again has been refused on 20th of May 2011. my solicitor said that wait for removal letter from UKBA.

I've contacted to new solicitor he he said that the first solicitor submitted our case in wrong category and should have applied for FLRO legacy case.

Honestly and truly I've spent lot of money towards that and got no hope.
Now new solicitor has advised me to apply new case in FLRO based on my children

My questions
1. Shoud I wait for the letter from UKBA? and prepare to go?
2. Will UKBA will visit my home and take us to remove the country?
3. Should I wait for my daughter until she becomes 7 years and then submitt new case? FLRO or any suggestions?
4. What are the things, documents would be helpful for my new case?
5. Legacy policy still exists or discretionary leave can be granted?

Please help me I'm very anxious and upset as well as my all family members.

Awaiting for your help.
Thanks
Sunny


hi
you can contact to malik law solicitor
[/b]

mtuckersa
Member of Standing
Posts: 353
Joined: Sun Jul 04, 2010 8:46 pm

Re: ILR REFUSED, WHAT TO DO NEXT?

Post by mtuckersa » Sat Aug 27, 2011 11:04 am

sunnyhoney666 wrote: No. I do Handy man job. as I can't work in an organisation or shop
Sharing a house, got 2 rooms and paying rent by doing handy man job, very very difficult but trying to survive in this situation
doing a handy man job is still a job and you are using the money received to pay rent.

do you pay tax on handy man job?
Keep it simple!

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Oct 30, 2011 11:42 pm

sunnyhoney666 wrote:Hi
First of all thanks for reading my post and appreciate your help in advance.

Just to give you some idea about our background and current situation

I live in London with 4 dependents i.e my wife, 3 children aged 6 yrs 9 months, 4 yrs 2 months and 2 yrs 11 months all born in the UK.

First 2 children are school going and we have very good connections with other families/friends and community people. I also do volunteering work for Barnardos charity and our local council disability organisation. Infect, I've received appreciation letters from them. I'm also serve local community newspaper as freelancer reporter and cover government and community programmes.

My case

Me and my wife came in to UK as visitor in May 2004, since then my wife never went back home, I went in 2006 for 2 weeks and came back in the UK.
Now we live as over stayer in this country.

We've applied for ILR set(0) last year 2010 in May and had been refused in september 2010, we then sent our application for re-consideration, again has been refused on 20th of May 2011. my solicitor said that wait for removal letter from UKBA.

I've contacted to new solicitor he he said that the first solicitor submitted our case in wrong category and should have applied for FLRO legacy case.

Honestly and truly I've spent lot of money towards that and got no hope.
Now new solicitor has advised me to apply new case in FLRO based on my children

My questions
1. Shoud I wait for the letter from UKBA? and prepare to go?
2. Will UKBA will visit my home and take us to remove the country?
3. Should I wait for my daughter until she becomes 7 years and then submitt new case? FLRO or any suggestions?
4. What are the things, documents would be helpful for my new case?
5. Legacy policy still exists or discretionary leave can be granted?

Please help me I'm very anxious and upset as well as my all family members.

Awaiting for your help.
Thanks
Sunny
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Oct 30, 2011 11:45 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sunnyhoney666
Newbie
Posts: 41
Joined: Mon Jul 11, 2011 12:37 am

Re: ILR REFUSED, WHAT TO DO NEXT? CURRENT STATUS

Post by sunnyhoney666 » Sun Oct 30, 2011 11:52 pm

Hi hope you find well? long time no contact. I was just waiting for the removal notice from UKBA but fortunately I have not received as yet. I am planning and gathering all necessary docs for the new case but this time Human rights as per my new solicitor based on my kids. What do you think? is that the right option for us? article 8
secondly, I've made a folder containing GP records, reference letters from my neighbours, family friends, friends alongwith their utility bills showing their address, kids school records, attendance record, letters from school confirming start and end dates during their attendance in the nursery and school, GP confirmation dates showing from our first registration with them (2004), loads of pictures in different ages and outdoor activities/school activities, volunteering letters, councillor letter. I think I should apply asap without further delays. please advise if you've any suggestions. thanks
sunnyhoney666 wrote:Hi
First of all thanks for reading my post and appreciate your help in advance.

Just to give you some idea about our background and current situation

I live in London with 4 dependents i.e my wife, 3 children aged 6 yrs 5 months, 3 yrs 10 months and 2 yrs 8 months all born in the UK.

First 2 children are school going and we have very good connections with other families/friends and community people. I also do volunteering work for Barnardos charity and our local council disability organisation. Infect, I've received appreciation letters from them. I'm also serve local community newspaper as freelancer reporter and cover government and community programmes.

My case

Me and my wife came in to UK as visitor in May 2004, since then my wife never went back home, I went in 2006 for 2 weeks and came back in the UK.
Now we live as over stayer in this country.

We've applied for ILR set(0) last year 2010 in May and had been refused in september 2010, we then sent our application for re-consideration, again has been refused on 20th of May 2011. my solicitor said that wait for removal letter from UKBA.

I've contacted to new solicitor he he said that the first solicitor submitted our case in wrong category and should have applied for FLRO legacy case.

Honestly and truly I've spent lot of money towards that and got no hope.
Now new solicitor has advised me to apply new case in FLRO based on my children

My questions
1. Shoud I wait for the letter from UKBA? and prepare to go?
2. Will UKBA will visit my home and take us to remove the country?
3. Should I wait for my daughter until she becomes 7 years and then submitt new case? FLRO or any suggestions?
4. What are the things, documents would be helpful for my new case?
5. Legacy policy still exists or discretionary leave can be granted?

Please help me I'm very anxious and upset as well as my all family members.

Awaiting for your help.
Thanks
Sunny

[/b]

rbk1597
Junior Member
Posts: 83
Joined: Mon Jan 24, 2011 10:44 am

Re: ILR REFUSED, WHAT TO DO NEXT? CURRENT STATUS

Post by rbk1597 » Mon Oct 31, 2011 11:03 am

sunnyhoney666 wrote:Hi hope you find well? long time no contact. I was just waiting for the removal notice from UKBA but fortunately I have not received as yet. I am planning and gathering all necessary docs for the new case but this time Human rights as per my new solicitor based on my kids. What do you think? is that the right option for us? article 8
secondly, I've made a folder containing GP records, reference letters from my neighbours, family friends, friends alongwith their utility bills showing their address, kids school records, attendance record, letters from school confirming start and end dates during their attendance in the nursery and school, GP confirmation dates showing from our first registration with them (2004), loads of pictures in different ages and outdoor activities/school activities, volunteering letters, councillor letter. I think I should apply asap without further delays. please advise if you've any suggestions. thanks
Your case is very weak and considering the recent judgement on THIS CASE for a family who have actually been living here legally, I dont see any cahnce for you. Instead of living in poverty here, suffering and wasting your precious time, you would better prepare and leave on your own. If you are removed forcibly, that may affect your cahnces in case you or your children would want to apply later.

sunnyhoney666
Newbie
Posts: 41
Joined: Mon Jul 11, 2011 12:37 am

Do I have to do Esol course for FLRO / Human Rights case

Post by sunnyhoney666 » Thu Nov 24, 2011 11:11 am

Hi
Can you please advise me if I've to do Esol course before apply for FLRO/Human rights case in february?

secondly, what do you suggest, should I apply now or wait until my daughter turns 7 years in February?
Please see below thread for understanding.
appreciate your kind advise

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