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Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Hi My appeal under article 8 & 3.

Customer Question

Hi My appeal under article 8 & 3 has been recently dismissed.I am an over stayer with wife and 2 kids born here (6.5 years and 2.5 years).My visa has expired in February 2005 while I was on TWES work permit and tried to convert in to commercial WP in 2005 and failed without success.From that date I was overstayed my visa and applied under article 8 and had recently my appeal was dismissed.My solicitor and barrister said there are 2 more appeal that I could do but they have no hope at all because there was no error of law on the tribunal's decision. even if I appeal ,I will get rejection again and they said expect the worse.My solicitor preparing the appeal against the first tribunal decision this week. I was told by the solicitor that I should hide from HO for another 12 months to start the process again if my appeals fail. I am so much confused and disappointed by the solicitor's action.I am a professional accountant ,have a house,my kids school etc... I am thinking to see a high flyer barrister to get advice? please advice me what can I do ?is there any way that I could escape the deportation. Many Thanks XXXXX
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 4 years ago.

Awan-Legal : Hi Mr Adamlebbe



Hi are you still there

Awan-Legal : I am sorry to hear that you were refused. What nationality are you and your children? Do you have any medical issues? On what basis did the Judge dismiss your appeal? It is difficult to advise you fully without seeing the determination but a well prepared case does make a difference. Under Article 8, your appeal does have merit as your children were born in the UK and you have good economic prospects. You seem to have settled well into the UK. You may have to wait for the outcome of the reconsideration application or submit a fresh application but it very much depends on the reasons your case was dismissed. I have been successful in similar cases in the past since although the previous known 7 year child concession was taken away, Lord Bassam relied on Article 8 as more favorable in entitling families with children in the UK for less than 7 years to remain in the UK.
Awan-Legal : If you wish to seek a second opinion or do somebody to consider the merits of a fresh application/reconsideration, you can find a representative on the OISC website or SRA website.
Awan-Legal : Please let me know if I can help further. In the meantime, please click accept on my answer.

I am a Sri Lankan and my kids born here.both born when I was

Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.
Hi I am sri Lankan national.
My current barrister is preparing the appeal and he is saying that don't hope for any positive results for the appeal.
This what he said:
I have one more appeal (3rd appeal)
I cannot put any fresh application?
If I get negative results,I should hide from the HO for 1 year to start again from the scratch/
Please confirm is there any chance that I could lodge a fresh application? 2.for the 3rd appeal I am going to find a high flyer barrister-doest it work?
Or should I appoint a high flyer barrister now for the second appeal ?
please advice
Expert:  Awan-Legal replied 4 years ago.
Thanks for the accept. I am not sure why he is advising you to hide for a year as it will not make any difference then if the tribunal do not even accept your case now. The second appeal depends on whether or not the court accept that the judge made an error of law. If this is not successful, then there is a limited chance that you can have a third appeal. The case will depend on the facts, how well it is prepared and why the judge dismissed it. I cannot comment on the barrister as most do know what they are doing by if you are not happy with your barrister or solicitor, then you should either find another representative or get a second opinion on the appeal ( I.e take he determination and paperwork to another legal representative or solicitor for further advice as this case will need a detailed assessment).
Customer: replied 4 years ago.
Thank you for the answer.
Expert:  Awan-Legal replied 4 years ago.
Happy to help.

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