reconsideration

[olu13]

Hello good people of this forum, i just need an advise. i apply for a discretionary leave to remain under article 8 and it was refused with no appeal right, my solicitor treating ukba with judicial review and got a reply. that the sshd does not want to chalenge the jr and they will proceed with reconsideration and considerd section 395c, my solicitor argue that i have kids going to school and i have relatives in uk. is this a positive thing.

[Bob44]

Hello good people of this forum, i just need an advise. i apply for a discretionary leave to remain under article 8 and it was refused with no appeal right, my solicitor treating ukba with judicial review and got a reply. that the sshd does not want to chalenge the jr and they will proceed with reconsideration and considerd section 395c, my solicitor argue that i have kids going to school and i have relatives in uk. is this a positive thing.

what's your immigration status at the present moment? what immigration status does your children have? what are the reasons for refusal.

[olu13]

Hello good people of this forum, i just need an advise. i apply for a discretionary leave to remain under article 8 and it was refused with no appeal right, my solicitor treating ukba with judicial review and got a reply. that the sshd does not want to chalenge the jr and they will proceed with reconsideration and considerd section 395c, my solicitor argue that i have kids going to school and i have relatives in uk. is this a positive thing.

what's your immigration status at the present moment? what immigration status does your childre
n have? what are the reasons for refusal.

i am an overstayer got to this country 6 years ago, my children does not have any leave they were born inthis country 6 years 6month and a year 4 month. In the refusal they acknowledge I have family life in uk but the refusal will not affect my family and private life.

[mochyn]

Since your wife is Nigerian, and you are an overstayer, you have no right to a family in the UK and should return to Nigeria

[Kitty]

See also:

E-A (Article 8 – best interests of child) Nigeria [2011] UKUT 00315 (IAC)

[olu13]

See also:

E-A (Article 8 – best interests of child) Nigeria [2011] UKUT 00315 (IAC)

thanks kitty,but it is like some people in this forum are just here to discourage and not to advice,and I am sure not everybody on this forum was born british we all pass through one stage of regularisation or the other,so if u can not advice just dont say anything,this client just got his application considerd and 3 years discretionary leave was given.

[Kitty]

I don't understand: you asked whether it was a positive sign that the SSHD has decided to reconsider your article 8 application. You stated that you have children who were born int he UK and go to school here.

I posted a case that shows that even though your children's article 8 rights should be given considerable weight, even the fact that they were born and are at school here does not necessarily mean that you will succeed.

The "positive" angle for you and your family is that you should not be removed while your application is being reconsidered.

If you ask whether a development is positive or not, then I think you need to be prepared to hear reasons why the answer might be "no" as well.

[olu13]

I don't understand: you asked whether it was a positive sign that the SSHD has decided to reconsider your article 8 application. You stated that you have children who were born int he UK and go to school here.

I posted a case that shows that even though your children's article 8 rights should be given considerable weight, even the fact that they were born and are at school here does not necessarily mean that you will succeed.

The "positive" angle for you and your family is that you should not be removed while your application is being reconsidered.

If you ask whether a development is positive or not, then I think you need to be prepared to hear reasons why the answer might be "no" as well.

thanks for ur reply kitty,i am not relating to ur reply I have concern about how some people contribute to peoples case.and this forum is about sharing ideas and sugestions not puting salt on injuries.

[Kitty]

That's OK - it looked like you were replying to me, because you quoted my post!

Keep us posted about how the reconsideration goes.

[gads]

olu, this is a positive move on ur case , do not listen to negative advice i know loads of people that have been granted in ur situation all u have to do now is pray,they do not even have british spouses or kids u hav a case zh tanzania best interest of a child u child have had a life in the uk removal will not be appropraite, i personally have a pending article 8 application my kids hv been here for 6 years and i hv been here for 8 years plus listen do not ytake any negative advice u will be granted 3 years discretionary leave make sure u submitt all there school documents hopital records things o show tht they have integrated in the community, please do not listen to negative advice some peiple here do not know wht its actually going on all the best bro

[gads]

when ur case worker says she will consider your case under section 395, it means she will take into account how long you have bben here ur age , ages of ur kids if u have any criminal record compassionate circumstance so its time to pray , i believe u will be granted do not give up hope

[Greenie]

when ur case worker says she will consider your case under section 395, it means she will take into account how long you have bben here ur age , ages of ur kids if u have any criminal record compassionate circumstance so its time to pray , i believe u will be granted do not give up hope

I do not think you can give such advice without knowing more information.
All this means is that they will reconsider the application and show they have taken into account para 395c. This could just mean they refuse again with reference to that paragraph.