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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6449
Experience:  BA (Hons), PgDip, Practising Solicitor
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I was refused leave to remain on in the UK without the option

Resolved Question:

I was refused leave to remain on in the UK without the option of an appeal, even though I have been married to my wife who is a british citizen for almost 8years. My question is, i want to apeal to the court quoting Art 8 of the Human right code(right to family life). How do I go about filing those papers in court or what would be your advice
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Did you make the application from inside the UK and if so did you have leave to remain in the UK at the time of making the application
2. What were the reasons for refusal
3. Did a solicitor assist you
Kind regards.
Tom
Customer: replied 3 years ago.
Yes, I did make an application from inside the Uk and no I did not have any leave to remain.
They said it was refused because they could not verify, how i came into the county.

A solicitor helped me file the initial application in 2004. I had to wait seven years for a reply and in that time, my solicitor was no longer around.
Expert:  Thomas replied 3 years ago.
Hi,

Thanks.

Where is your home country?

What visa did you enter the UK on?

When did you enter the UK

Kind regards,

Tom
Customer: replied 3 years ago.
I am from Liberia

I came in with visitors visa, the I had a students visa, and then in 2003, I went on holiday to france and was refused entry on grounds that my passport then, was fake, and was deported back to france, I waited and came back in two days later. I then found that my visa was cancelled.

I came to the UK in 2000
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

If you do not have leave to remain in this country then the UKBA were, I’m afraid, entitled to refuse you on this ground because it is one of the general grounds for refusal. Application by persons without leave to remain are only allowed in cases where exceptional compassionate grounds are applicable. This is usually where the applicant’s health would be seriously prejudiced by removal or where the applicant must remain in the UK to care for their child who does have leave to remain here.

If you were not granted leave to appeal then the only way you can revisit this particular application is if you applied for Judicial Review of the decision. This is very, very expensive in legal fees (approx £5000.00 + Vat).

They do not infringe your human rights because by refusing to allow an in-country application they are not denying you are right to a family and private life under Article 8, they are just saying that you need to return to your home country in order to make the application and enforce your right to a family and private life.

The quickest, cheapest and most likely way of regularising your stay would be to prepare an out of country application in the UK by going to see another solicitor and asking for them to prepare the application, collate the appropriate documentation and argue your Art 8 rights (out of country) in the cover letter and in the statements of you and your wife. You could then leave the UK, return to Liberia and submit it straight away with confidence that it will be approved (subject of course to the specific advice you receive from your solicitor based upon your detailed instructions/explanation of background to them)

It would cost in the region of £800-1250 + Vat for your application to be prepared by a UK immigration solicitor.

I would caution though that if the UKBA are aware that you have used fake passports then you situation could become much more complicated and considerably more grave than explained above.

Sorry it could not be better news, but I hope you appreciate that I am being realisted.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6449
Experience: BA (Hons), PgDip, Practising Solicitor
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