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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6422
Experience:  BA (Hons), PgDip, Practising Solicitor
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i will like to get infomation about my refused application

Customer Question

i will like to get infomation about my refused application with my 3kids cos i apply for human right with my 3kids wat can i do and they said i can appel wat can i do
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.

To enable me to answer your question could you please respond to the following:-
1. What nationality are the children
2. What is your current immigration status (eg,. Overstayer)
Kind regards.

Tom
Customer: replied 2 years ago.
dey are born in uk but am a single mother and there father is from african country and wen we put in the application dey refuse us and my son is going to be 6yrs and the other 1 is going to be 4yrs and the other 1 is 1yr and i have been refuse without appeal wat can i do and wat advice can u give 2me
Expert:  Thomas replied 2 years ago.
Hi,

Does the father have leave to remain in the UK?

Is there any reason why you would fear returning to your home country?

Tom
Customer: replied 2 years ago.
nope the father dont leave to remain in uk ,i cant go back to my county cos i left there wen i was 16 ,i went to italy where my parent live so weni came to uk like 6 and half yrs ago dat i was pregnant and my uk visa exper so there is no way i can go back to italy where my parent is and my paper in italy is exper so am stuck here so i dont no any 11 in my county cos my parent and my sibling are in italy wat can i do
Expert:  Thomas replied 2 years ago.

Hi

Thanks for your reply. I am very sorry that you find yourself in this difficult position.

Your options are very limited I’m afraid. If you have not been given leave to appeal then your only option in respect of this application is an application for Judicial Review, but this is very expensive.

If your leave to remain has expired and your children are not UK citizens (which they won’t be if there father was not a UK citizens, despite having been born in the UK), then there is not a great deal you can do if you are not in a relationship with a UK national/EEA national or foreign national holding indefinite leave to remain.

The Human Rights argument is not as convincing in this case because the no parent of the children have a right to be in the UK, and where you make an argument that it would be against their human rights to expose them to the upheaval of leaving the UK it’s not as persuasive where the children are so young because their development will not be seriously impaired as a a result of removal.

The only option I can see is applying for asylum but,claiming Asylum is very difficult. In practice only 19 of 100 applications are actually accepted.

In order to claim asylum you must show that you have a well founded fear of persecution because of:-
 race;
 religion;
 nationality;
 political opinion; or
 membership of a particular social group.

In practice only 19 out of 100 aslyum applications are actually successful, so if your claim is not genuine then it will be rejected I’m afraid. However it will buy you some time.

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.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.
hello am really k about the answer if i have seen a britsh dat want to marry me is possible dey can give me live to remain or is not a good idea
Expert:  Thomas replied 2 years ago.
Hi,

If you are in a relationship with a UK national and have lived with them for two years then you can apply for an unmarried partners visa.

If you have not lived with them for two years then your only option is to marry them. Once you have married them you can apply for a spouse visa.


If the application is well prepared and you meet the following eligibility criteria then it may make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• 1. That you are legally married to each other (marriage certificate)
• 2. You are present and settled in the UK (eg. Passport, proof of accommodation)
• 3. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
• 4. You can support each other without the need for public funds (bank statements, evidence of income)
• 5. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)

The application will have to be supported by evidence proving the above eligibility criteria. I have suggested basic documents above, but the list is not exhaustive.

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your spouses’ employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you both showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


You would need to apply for settlement (ie. spouses visa) by using form FLR(M) Settlement, available for download from UKBA's website.

Trust this clarifies, please click accept.

Kind regards,

Tom
Customer: replied 2 years ago.
i said if i see a british person dat want to marry me can dey give me a stay i just need help
Expert:  Thomas replied 2 years ago.
Hi,

Yes, if they are prepared to marry you then you can probably stay. The above reply tells you what you need to do if to get your stay after you have married.

Please read the above carefully.

Please click accept.

Kind regards,

Tom
Expert:  Thomas replied 2 years ago.
I note you have not clicked accept to my answer. Is there any further information you require?

If you do not click accept then your deposit simply stays with the website and I receive absolutely no credit for the time I have taken to answer your question. Only when you click accept does a portion of your deposit actually transfer to me and you will not be charged any further money simply by clicking accept.

Please click accept. You will appreciate that I cannot work for free

Tom

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