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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2057
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello I am in urgent need of advice in regards XXXXX XXXXX I am

Customer Question

Hello I am in urgent need of advice in regards XXXXX XXXXX I am Jamaican an I am currently residing in the UK I have been in the UK for 10 years I came here when I was 11 years old and now I am 21 to be 22 in august. I was given a 3 years visa in 2009 because of the secretary of states descretion in me and my mothers favoure. That expired september 2012 at that time I applied again for extention but this time as a individual who is living and supporting a civil partner who I am yet to be married too, and who I now have a 1 week old baby with.
The request was denied and I was given no grounds of Appeal. Please please I am about to loose my family and my mind. And I dnt have any family in Jamaica all are in america except a few cousins who are struggle themselves. What can I do I beg you.
Submitted: 1 year ago.
Category: UK Law
Expert:  UK_Lawyer replied 1 year ago.

UK_Lawyer :

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

UK_Lawyer :

Have you thought about submitting a new application for discretionary leave to remain?

UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2057
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 4 other UK Law Specialists are ready to help you
Expert:  UK_Lawyer replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.

I have asked the lawyer to do so for me and he is going to use the fact that my partner just had the baby and I am supporting my partner and I have been here for over 10.


 


is that the correct way to go about it? Or how should I go about seeking descretional leave

Customer: replied 1 year ago.

On the refusal letter it says I cnt appeal however can I still ask for a reconsideration?

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

In your case the best option would have been to apply for a judicial review, this would allow a judge to review the decision made by the home office. What happens at judicial review is that the high court judge makes a decision on if the decision made on the application was made correctly. The high court then makes a decision on if they should order the home office to reconsider the decision and then revert back to the high court with a decision whether they wish to change their decision or not. This would be the best way to get your case in front of a judge.

What your legal adviser has done is not incorrect and once he receives a decision from the home office regarding the reconsideration he will then apply for a judicial review I'm guessing.

The only thing to keep in mind is that when a letter of reconsideration is made it is not an application it is just a letter to the home office asking them to change their decision, so if you do get picked up by the home office will be able to detain you as you would not actually have an application pending with the home office. Whereas if you did reapply and submit an application the home office would not detain you and wait for a decision to be made on your application. This is something that you need to bare in mind.

In addition a judicial review application is an application and therefore the home office will also not detain you if you have this application pending.

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.

Ok ibunderstand that. So ur saying that the reconsideration the lawyer has sent it DOES NOT by me time or does? And he said the next step is a local MP to represent me. I am not that rich to be able to afford a judicial hearing but he says it is the last option

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

No unfortunately a reconsideration will not be able to buy you time because it is not an actual application to the home office.

What you can do is instruct an immigration firm which has legal aid, they will then be able to submit your judicial review application for free as the government will be paying for your case.

I hope this clarifies the matter if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.

So on the letter they sent me explaining the refusal they have given me a number to call. Can I not call them letting them know that I have submitted a reconsideration and that I am waiting for there response? I I have to go to jamaica bare in mind my partner does not earn over 18, 600 pounds what Is my best options to come back to the UK and be with my partner who I intend to marry and my son

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

You say you have been in the uk for 10 years did you have a visa for the duration of your stay?

Kind regards
Customer: replied 1 year ago.

No I have only been granted a three year visa in 2009 and now it has expired since september 2012. I have been waiting for my visa since 2002 and then got it in 2009 and it expired 2012, I reapplied just before it expired ow now they have refused my reapplication.


 

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

Well in that case if you were to leave the uk the only visa you will be able to arrive back to the UK on would be a spouse visa, this would be your only option.

Therefore if you leave the uk and your partner does not earn the required amount then you will not be able to return to the UK.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.

Two more things please, you have been very helpful . If I have to go would I be able to get six months visitors visa yearly? And also to let them know I am NOT over staying my time can I call them and let them know I submitted a reconsideration via a lawyer?

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

That would depend on whether you can convince the home office that you will return to your home country at the end of your visits. You will have to convince the home office that you meet the requirements of the immigration rules.

Yes if you do not want to over stay then inform the home office, be beware that if you do not submit an application to the home office you will become an over stayer.

I hope this answers your question.

Kind regards

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