UK Immigration Law
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When did you make long residence application?
How old is your son? Is he British? Is your name on his birth certificate?
What evidence does your mother and partner hold of being British?
Any plans to marry mother of your child?
Do you work in UK and pay tax?
What evidence did you submit to prove you have been in UK since 1994?
Thanks for reply.
It appears that overall you have been in UK for around 15-16 yrs already. Your submitted your application earlier than the regular 14 yrs required for which UKBA should credit you. The fact that they have taken 4-5 yrs to process is not your fault but it has resulted in you going beyond the 14 yr mark. Delay in processing is not a novelty for UKBA. I had a long residence case which was not decided for 7yrs and we had to chase through MP to get any response.
If you have not already done so, you should send UKBA supporting letters from employers, friends and family to confirm that you have indeed been in UK since 1994. Details of your relationship with family in UK and strength thereof.
The human rights angle which needs to be highlighted if not already done so. This is where you should send supporting letter from your partner detailing your relationship (when met, any cohabitation, photographs together, how child is being brought up etc) and birth certificate for your child. Common law marriage is not a concept accepted in the UK. However, you are unmarried partners and your relationship should be credited for its longevity thus far.
Ideally, you should give a variety of evidence for each year of your residence in UK since 1994 eg school certificates, official letters such as covering letter for national insurance card, utility bills, P60s, P45s, bank and credit card statements, tenancy agreements etc.
This is your application and it is up to you to provide the evidence to UKBA. If you can prove that you have strong ties in the UK and you are not a threat to society at large, it will be difficult for UKBA to justify refusal. They may do it any way but you should have a right of appeal before an independent Immigration Judge. On the face of it, your case looks reasonable and your solicitor should be able to advise you further.
Let me get this straight, you were detained on arrest (IS91) and later granted temporary admission (IS96)?
Are you sure that you have not been served with IS151A (administrative removal) or ICD1070 (deportation) or any ICD forms?
It appears from your response that deportation forms have not been served. This may or may not mean that your criminal offence was not serious. If you now have a criminal record, this will not help your case.
My understanding is that if the temporary admission does not result in valid leave to remain from UKBA, the period since service of IS96 does not count towards your application.
The decision naturally lies with UKBA at present. You may well be detained again. You should note that whilst an application is outstanding at UKBA and you have not exhausted your rights of appeal, they should not be able to remove you from the country. I cannot say anything further.
However, if you have not provided the evidence of your family life in UK already, please do so immediately to bolster your case.
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