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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6430
Experience:  BA (Hons), PgDip, Practising Solicitor
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my stepson came to the UK in 1996 on a visit visa he suffered

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my stepson came to the UK in 1996 on a visit visa he suffered total kidney failure while here and was unable to return to the Philippines i took him to my GP who took him to hospital and no one asked any questions about citizenship.
we applied last year for leave to remein indefinately and today we received a letter of refusal and instructing him to report to a police station so what are our options? we applied on the basis of staying in the country over 14 years he has been here 15+ years, he has no chance of survival if deported as his family are in the UK and he cannot pay for dialisis so he would die, what are our options he lives with his mother and step father and step sisters in the UK and receives dialisis three times a week
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

What were the reasons stated for the refusal please?

Tom
Customer: replied 1 year ago.

i do not have that information to hand as i currently out of the uk my son is in the process of scanning this to me can i get back to you later?

Expert:  Thomas replied 1 year ago.
Hi,

Yes, of course.

If it's in the evening then I may or may not be able to answer and will have to answer in detail in the morning though.

Tom
Customer: replied 1 year ago.


how do i contact you again if i log off now

Expert:  Thomas replied 1 year ago.
Hi,

Just remember your login details I would think..

Tom
Customer: replied 1 year ago.


ok be back soon

Expert:  Thomas replied 1 year ago.
Thanks.

Customer: replied 1 year ago.


There are 5 pages of reasons the specific statement of reasons is as follows:


"You are specifically considered a person who has overstayed their period of granted leave because landing card records show that on 18th July 1996vyou were granted leave to enter as a visitor for six months by an immigration officer at heathrow airport it was only on 23rd May 2012 that you applied to regularise your stay here"

Expert:  Thomas replied 1 year ago.
Hi

I will answer in about an hour.

Tom
Expert:  Thomas replied 1 year ago.
Hi

Sorry that I have not been able to reply just yet.

I can once you have answered the following question:-
Can you please tell me what date you submitted his application on?

TOm
Customer: replied 1 year ago.

23rd May 2012

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The best advice I can give is for him/you to instruct a solicitor to act on his behalf immediately.

There was a rule change in July 2012 which extended the length of time that an illegal immigrant must be in the UK for before they can apply for indefinite leave to remain. The length of time was increased from 14 years to 20 years, as you may or may not know.

His application should have been considered under the old rules, ie. a 14 year residence period.

You need to instruct a solicitor to look at the rejection letter in detail. There will probably be other deficiencies with the application on which they have based their rejection. They will examine his case and then probably suggest that you appeal to an immigration appeals tribunal. You will need the solicitor to act on his behalf and probably counsel too.

Basically, if you are able to prove the residence period in the UK along with the other eligibility criteria then he should still receive ILR.

However, if the application has been correctly rejected with no leave to appeal then a fresh application will have to be made. This would be a discretionary application for leave to remain outside of the immigration rules on the basis of his Human Right to a private life. His condition will play a very strong part in this application and you would need an immigration solicitor to prepare the application and supporting evidence for you because it’s a specialist application.

It’s going to be quite a fight and you really need a solicitor to act on his behalf.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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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
Thomas, Solicitor
Satisfied Customers: 6430
Experience: BA (Hons), PgDip, Practising Solicitor
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