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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I have a right to appeal on Article 8 Discretionay application.

Customer Question

Hi,

I have a right to appeal on Article 8 Discretionay application. I was on a legal aid and my solicitor refuse or withdraw with apppeal cw4 form which is already send to the public service commission. I cant wait to the legal aid to be started as my appeal deadline is very soon. I have Soken to a law centre but the immigration advisor was not good and he didnt advise properly.
Actually, I came to UK in jan 2004 on a student visa and my husband was my dependant, we have three girls born here in UK in July 2006, July 2008 and Oct 2009. my student visa expired on 30 june 2010. my children were under care order of local authority from Jan 2010 till march 2012 and now they returned in our care with no court order. due to the stress of family proceeding I wasa unable to extend my stay in time and made an application on Article 8 discretionary basis in Jan 2011 which is refused now with a right of appeal. But my family solicitors wrote to UK border agency before my visa expired in June 2010 to get an advise and inform them of the family processdings and the home office only replied back in Oct 2010 to my family solicitor letter.
Now what will be my arguments grounds in my appeal as non of are british national, i didnt complete my studies due to family proceedings, all the childrern are born here in UK and are in Year 1, nursury and play group. as the childrencant adjust to the life in pakistan due to lived in 2 years legal fostering but in the refusal it says that they are intending to remove as a family unit but there is a difference in life style and education sys in pakistan and UK and the children are well setteled emotionaly and academecally in UK.
Please advise and let me know whether I can win on disproportunate basis of law or what else I should argue on. my 2 year daughter is asthma patient but i am also unaware of asthma environment and treatment in pakistan?
what are my case winning chances
thankyou
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Do you still have an immigration solicitor?

What have they said about your appeal?

Tom
Customer: replied 2 years ago.

currently not but the old solicitor send the appeal fomr may be called CW4 to the legal aid department to consider and he said if the legal aid accepted he will continue representing me with our case.

 

and the private firm charges a lot and then you dont know about the winng of your case, sencondly we have currently no right to work

 

please kindly advise in detail and honestly

and what other options we have to legalise our stay if you think in the above appeal is no chances

 

Expert:  Thomas replied 2 years ago.
Hi,

I will answer in a moment, may I ask why you have not accepted any of my colleagues answers first?

Tom
Customer: replied 2 years ago.

yes because in the reasons of refusals from home office it says section 55 (children welfare) cannot be breach. they said children can continue their education in pakistan and a totalling of 8 years is nothing to satisfy for article 8

 

but your collegues advise to claim on children education. i understan we need to show the difficulties in the life styles and education system in both countries but the home office looking to our kids ages which home office says can be easily adjust with the help of adult and parental support as they intend to remove us as a unit and your colleque hasnt satisfies me on this.

 

please advise thankyou

Expert:  Thomas replied 2 years ago.
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Customer: replied 2 years ago.

Hi Tom,

thank you for your expert reply.

 

I need a bit clarification.

 

when we are arguing on the standard of education how it should be shown as an evidence, like you said there is functional educational in Pakistan. Do I need to show any evidence from Pakistan to prove this if yes then for example what document? please note I belon to swat valley in Pakistan and the future prospects for women there is less, even in 2009 in talibaan attack 401 schools were damaged and most were girls schools and people were forced not to send there girls to school, now recently in the past months life comes to routine there after successful milatery operation girls are alowed again and work started on the rebuilding of schools so it worthy to show anything on this side?

secondly the school teachers asked me to tell her points t that she needs to write in the letter, please a bit advise on this. she generally explains that the letter will include that ''the child is polite and has stable friends group, enthusiastic and interest in all subject and academically on tract and achieve her target, good attendance and well balance member of her class year 1'' so is this enough or that general. if we need further something from school please advise what it should be so that I can request her. you talk about reports from school. is this end of year/term report. what if they are Grade'B', if the child is not outstanding.

 

as far as language is concerned, my three children only speaks english due to spending 2 years in legal fostering, how should I prove this?

 

please advise a bit more on my case as I am trying to look for a private solicitor if the legal aid takes time.

please also advise being in fostering make any positive point to my case

and wether my husband need to show any of his tax or work details that he previosly did

 

I will definetly accept your answer as I respect your expertise. I use this service before in my family proceedings and I was benefited from it.

 

thank you very much

 

 

 

 

 

Expert:  Thomas replied 2 years ago.
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Expert:  Thomas replied 2 years ago.
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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. I cannot work for free.
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. I cannot work for free.
Tom
Expert:  Thomas replied 2 years ago.
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