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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
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i came to the uk as a student and have been legally staying

Customer Question

i came to the uk as a student and have been legally staying here for 4 years now on student visa. my family is with me (husband and child.) i recently had any baby who was diagnosed with down syndrome a disability which is frowned upon from my home country. down syndrome kids do not have a place in the society, most of them are subjected to inhumane and degrading treatment, are put in instituitions and from where i come from in the remote part of the country they are consisdered as a curse on the family and river gods and parents are made to throw them in the rivers to die.

i fear for my baby life should i take him home to my home country after studies. My question is can i apply to stay here in the uk on humanitarian grounds based on these
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi

 

Thanks for your question.

 

Can you apply to stay here on some other form of visa (eg. worker's) following the completion of your studies?

 

What nationality is your husband and what immigration status do they hold?

 

Tom

Customer: replied 3 years ago.

my husband is a ghanaian and he came to join me as my dependent here in the uk. i cannot apply to stay here on workers visa. dont i have enough grounds to apply for permit on compassionate or humanitarian grounds here.

Expert:  Thomas replied 3 years ago.

Hi,


Thanks for your reply.

 

This is not a straightforward situation. There is no traditional immigration category under which you could apply, so you would therefore have to make an application to the UKBA to get them to exercise their discretion on the facts of your case an grant discretionary leave to remain.

 

If you can provide documentary evidence of your home country's attitude towards children with down syndrome, including the effects of that attitude (ie. being ostracized from society, refusal of schooling, health or other such provisions on the grounds of the child's condition, or the killing, torture or persecution of children with down syndrome), then you may have a reasonable to good chance of the UKBA exercising their discretion to let you and your family stay here.

 

You will certainly need a solicitor to act for you and my advise would be to use the following Law Society search engine and book a solicitor for a consultation. Take documentary evidence of your country's attitude to the condition with you (eg. newspaper articles, internet searches, other publications). He will be able to give you a specific opinion on the merits of your case based on the initial evidence:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 


Tom



Edited by T_Graham12 on 10/18/2010 at 9:43 AM EST
Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

 

sorry for the late reply of accepting the answer. could you pls help me with some credible sources or database from where i can get information regarding human right abuses on the internet. there seem to be less documentary evidence on the internet where it comes to attitudes and inhuman treatment of down syndrome kids.

 

 

Expert:  Thomas replied 3 years ago.

What nationality are you?


Tom

Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

i am a ghanaian

Customer: replied 3 years ago.

i ask a follow up question and have not been answered.

 

could you pls help me with some credible sources or database from where i can get information regarding human right abuses on the internet. there seem to be less documentary evidence on the internet where it comes to attitudes and inhuman treatment of down syndrome kids.

Expert:  Thomas replied 3 years ago.
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