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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2248
Experience:  I am a qualified solicitor and an expert in UK law.
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Respected sir i have just got refusal with certified case of

Resolved Question:

Respected sir i have just got refusal with certified case of asylum and i have two dependents my husband and my child we are thinking to apply dictionary leave to remain please advise im living in this country 11 years and my partner living 9 years n we met 6 years ago and living together. will dictionary leave to remain is right path and if yes then what grounds we are overstayers from last 7 years im apply for this case or some other advice please.

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

How old is your child?

Kind regards
Customer: replied 1 year ago.

my child is 4 and 1/2 years old

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

I will revert back to you with an answer first thing tomorrow.

Thank you for your patience.

Customer: replied 1 year ago.

you welcome please reply in detailed everything. regards

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your patience.

In respect discretionary leave to remain, it would be a complicated application, what you would need to show primarily that the reason you would like to remain in the UK is because removing you from the UK is a breach of your human rights. You would need to show how you life will be effected if you were to be returned to your home country after 11 years. How employment is different, how you living standards will be effected, how you ability to communicate with your friends will be effected. How you child's life will be effected if they were to be returned to your home country with you.

These applications are complicated and you would need to show that there is a genuine reason for you wanting to remain in the UK. You do not want the home office to think that because you failed in your asylum application you are now just submitting a discretionary leave to remain application without any real chance of it being successful just to prolong your time in the UK.

What you need to take in to account is that you are overstayers and the home office is not obliged to process your case if you have overstayed in the UK by more than 28 days, please see the following link:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/overstayer/overstayers?view=Binary

In your case it would have been a lot easier had your child be 7 years old at the time of application and attending school, the home office's guidance on the 7 year child concession can be found at the following link:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/ex1-guidance-1.pdf?view=Binary

In your case as your child has not been in the UK for 7 years you are unable to depend on this. As already mentioned your case must be on the basis of how you feel your life will be effected if you were returned to your home country after residing in the UK for 11 years, your reasons must be strong and details why you do not want to return to your home country and how the reasons for you wanted to stay in the UK are stronger than the home office's reasons to return you to your home country.

I believe in your case this would be your only option, apart from this I do not see any other application that would be suitable in your case.

What you need to be aware of is that as overstayers it is up to the home office if they process your case, you must include reasons in your application that compels them to review your case.

I am sorry but due to you being overstayers there is not many options on your plate.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

There is saying ! there is will there is a way please allow some advice as you have completely shut the door on me and thats not possible please convince me on something reasonable to give you positive feedback as im not satisfied with your answer. please advice

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

I have not said that there is no chance that if you submit an application it will not be successful, what I an stating is that there are complications with your situation as you are an overstayer.

What you must do as stated in my answer is convince the home office that you have have strong connections with the UK and that if you were returned home what effect it would have on you and your family, will they be able to adjust to like in your home country, will your child be able to adjust to life there, the prospects of you obtaining employment, the life style you would have to live in if returned to your home country. All these facts have to be stated in your application and evidence should be provided if possible.

I have given you the legal position in your case which I think you will appreciate rather than be given you advice which you want to hear and it is all incorrect, I would rather give you honest advice and state the position as it is and not give you false hope.

I have not said that your application will be refused what I have stated in that you need all the above mentioned information in your application to convince the home office that you should remain in the UK. The law has changed a lot in the last few years and the reality is that they have made it extremely difficult for applicants in your position to regularise your stay in the UK.

I hope this clarifies the matter.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2248
Experience: I am a qualified solicitor and an expert in UK law.
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