How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CharlotteSJ Your Own Question
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
Type Your UK Immigration Law Question Here...
CharlotteSJ is online now
A new question is answered every 9 seconds

please i need help to case

This answer was rated:

i have being in uk since 1992 and home office denied my application and was refused, they claimed that i want to get my stay through situation have change in this country i have my child born here and my partner living here and my years in uk
Have you ever been served with removal directions (RDs)? If not then you should apply for ILR on the basis of having completed 14 years in the UK. You will need to provide evidence that you have been here for each of the 14 years but as long as you have never had RDs, you should be successful. If you have been served with RDs then the clock on the 14 years will stop at the point you were served with them. For example if they served you with RDs in 2007 then you will be fine as you had already accrued 14 years by this point. If they served you with RDs in 2000 then you would only have accrued 8 years by this point and so you will be excluded from applying.

The only other option you would have would be to make a discretionary human rights application outside of the rules to the Home Office on the basis of your partner and children. This would be a discretionary application and so there is no guarantee that it would be successful.

I hope this answers your question in which case please Accept. If you require any further information. please ask.

CharlotteSJ and other UK Immigration Law Specialists are ready to help you
Customer: replied 6 years ago.
thanks, XXXXX XXXXX given following letters. 1. one stop warning,2 notice to a person liable to removal,3.notice of immigration decison,4.notice of appeal to the asylum and immigrationtribunal(united kingdom),5. statement of additional grounds. this form was the letter i sent back to home office 'under european human right art. 8. but never indicate about my child in it at the moment. though i still need to make another discretionary human right application? regards
It doesn't sound like you ever have been served with RDs and so I would suggest that your best chance of getting leave to remain would be to make an application on form SET(O)for long residence as if this is successful, you will get Indefinite Leave to Remain. If you make a discretionary application, all you would get if successful is 3 years leave to remain and there is no guarantee that it would be successful.

I hope this answers your question but if you require anything further, please ask. Thank you for Accepting.

CharlotteSJ and other UK Immigration Law Specialists are ready to help you
Customer: replied 6 years ago.
thanks, XXXXX XXXXX had applied before for 14 yrs long residence which was refused by home office, today i got a letter from home office to come with my passport or any documents on my name in few days time, which i can't understand what they mean by that? kindly help me out. best regards
Why did they refuse you? There could be a number of reasons why they ask you to attend with your passport. Take a friend with you and then if anything negative happens, that friend will be able to contact a solicitor for you.
Customer: replied 6 years ago.
they told me that some documents i sent for my application are not genuine means false papers,and that is the reasons why they refused my application. do you think discretionary leave application will help me get my stay? by including my child and partner as family or as change in my circumstances? they did mention this in their refusal letter sent to me that there is know change in my circumstances and they never know yet that i have child and partner now in uk? or what is the best chance i have now? regards

Related UK Immigration Law Questions