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UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Customer Question

IMMIGRATION QUESTION I am living in uk sin Jan 2004 with my husband and our three children are born here in uk ages 5,3,2. I was on a student visa till June 2010 and my husband and my kids all are my dependants. in Jan 2010 my children comes under interim care order in favour of local authority and the family court proceedings started. Now the proceedings ends and all my kids returned home to my and my husband care in Oct 2011 with no court order. Due to the Stress of family proceedings I didnt legalise my stay in time and I only made an application in Jan 2011 on Artilcle 8 ECHR. My application is refused now with a notice of removal and a right of appeal in first tier tribunal. I am appealing now as my kids are adjusted here in uk because I am in uk for about 8 years and all my kids never visit to pakistan since they born here in uk. they are in schools (year 1, nursury and play group) But the home office says there are schools in pakistan and we can start a family life as a unit in pakistan. is it plus point to pass life in uk test before hearing in court also plz give advise & what is my wining chances thankyou
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.

Thanks for your question.

If I have provided you with an answer, kindly click ACCEPT.

You are not required to Pass the Life in the UK Test.

WIth regard to your case, the only thing you can rely on is Section 55 of the Borders Citizenship & Immigration Act 2009, which states that the UKBA need to consider the welfare of a child. You would have to argue that the children's education will be disrupted.

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,
Customer: replied 5 years ago.

thankyou for your reply


but in the refusal the home office states that there are a lot of educational institutions and primary schools in pakistan and the children ages are only 5 3 and 2 years and can easily adjust in pakistan


please make a bit clear what do you mean by saying 'the education will be distrupted' please give some example



Expert:  INC replied 5 years ago.

You will have to argue that the children do not know of life in Pakistan and their return would be difficult for them and whether or not they can speak the language.

Your case is not simple and I suggest that you instruct an immigration lawyer to act on your behalf.

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,
Customer: replied 5 years ago.
Relist: Incomplete answer.
Expert:  UK_Lawyer replied 5 years ago.
Hi thank you for your question.

My colleague has stated the correct answer, what else would you like to know?

Kind regards,
Customer: replied 5 years ago.

thank you for your reply


i agree to the above answer but i feel its incomplete,


the home office metion in the refusal about section 55 'every child matters' and claimed that they are removing us as a family unit like they have no intention to separate children from parents and generally the children should grow in their own culture and identity and therefore it is in children's best interest to return to their country of origin. and they states that educational establishments is available in pakistan, and the children ages 5,3 and 2 are that they are still developing their personal identities so they can form links with friends and family and that the children will adjust with the help and support of their parents in pakistan.


so kindly advise and what are the chances of winning?


sorry for long question but please try to answer.



Expert:  UK_Lawyer replied 5 years ago.
Basically the home office is saying that they do not want to break up the family so it is easier for them to remove you all together than just the parents and not the children.

What you need to state in your application is that the children will not be able to adjust to life in Pakistan and their futures in the UK would be much better. In addition you need to ensure that you mention how difficult it will be for them to adjust to life in Pakistan if they were be removed to Pakistan.

As mentioned by my colleague you need to ensure you provide enough evidence to the immigration officer that their removal would have a negative effect on them. You should instruct a solicitor.

I hope this answers your question if so kindly click Accept.

Kind regards,