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Dlr Refused Waiting For Reconsideration For 2 Years


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#1 firstchoice

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Posted 14 June 2012 - 05:02 PM

hello ,
I came to UK in 2005 Jan as visitor (there is a long story for the reason which i wrote in my flr-o form).to make it short i am from India i was going around with a girl of different religion which her family dint approved attempts on my life were made my family being threatened i have to leave India come to UK (as i had few friends here) the girl was married by force to another man thus with broken heart and expired visa i was stuck in this country.
i moved with a couple in 2007 as tennant .they had a baby in 2008 the husband turned out to be a complete cheater left his wife and kid soon after in 2009 .
i was really close to this lady and the baby as i used to take care as caraer when they used to go to work i was really realy attached to the kid she had nowere to go so i moved her with me to a new house soon we became very close and fell for each other.
in 2008 i applied for asylum in post which was not accepted as postal application.
in July 2010 i made a application for discretionary leave to remain on flr-o article 8 family life .i wrote the whole story how i came from India and relationship between my current partner(she holds indefinite leave to remain) her son (British citizen by birth from father side) i wrote few points in my application.
1.my son is a British citizen by birth , as his father was a Bangladeshi British so even i cant apply for his Indian passport as Indian law don't permit dual nationality.and u cant even apply for any other residence card are exempted for person of Pakistani and Bangladeshi origin.so moving him from UK with me was a sure obstacle as we would only get short term visit visa and we were scared my wife ex would use his visiting right to take him from leaving UK(when my ex was divorced he had a visiting rights though that loser had never visited the baby kid now 4 knows only me as father).
2.as my wife works i had a full time caring responsibility for my baby so leaving UK and applying from India would had meant she had to leave work and be on benefits which would had surely left no chance for me to come back
3.destiny again made me fall for girl from different religion as we going back her family were not willing to accept this relationship.
as what was expected i was refused in lightning speed without an answer to any of the points i wrote (funny they dint even wrote about the asylum i made in 2008 in postal )instead i was being served a 4 page refusal saying ukba recognize i have a family life in UK but i should go back and apply for spouse visa from India without appeal or removal notice leaving me in limbo.
my lawyer wrote for a reconsideration in July 2010.since then after several letters from MP UKBA wrote that my case is reconsidered there is not time limit for a flr(o) application and my case is not yet been allocated to a case worker and i will be contacted soon .may 2012 i received the same reply from ukba after my MP wrote again to them

1.i cant understand what to do now with new immigration rules from July 2012 how will it affect my application article 8 family life will the threshold income of 18660 apply on to the article 8 cases which were applied before july 2012 and were refused are waiting to be allocated for caseworker

2 what should i do next (should i make any other application as i am fed up with this wait)
3.would i be elligable for zombrano application
4 what if i be refused a discretionary leave by the case worker ? what will be my next step


i would be so thankful to the people of this forum if they help me in my situation i need advice please.



#2 Victoria

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Posted 14 June 2012 - 05:34 PM

You should talk to your solicitor!

There is no suggestion that new rules would affect you.

#3 mrlookforward

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Posted 14 June 2012 - 06:12 PM

I think it will be a good idea if you re write the whole thing and explain who your son is? And if the father of the child is someone else then how you are also the father of the child? How would your ex take your son? How many sons are you talking about? Are you talking about two different women or one? who is who to whom and who is the father of which child?

Its all very confusing.

#4 firstchoice

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Posted 15 June 2012 - 03:12 AM

I think it will be a good idea if you re write the whole thing and explain who your son is? And if the father of the child is someone else then how you are also the father of the child? How would your ex take your son? How many sons are you talking about? Are you talking about two different women or one? who is who to whom and who is the father of which child?

Its all very confusing.

hi
i have only one partner and she have only one son from her previous marriage . iam talking about this baby only.i considered him as my son because from childhood i have raised him as my own and he also call me father (though iam not the biological father). as my wife ex-husband had a visiting rights to see the boy (as he is the real biological father )but he is a total loser he never visited the boy .and about my wife ex taking the boy i meant we wrote in the flr(o) form that we think just to harass my wife he would use his rights to stop the baby being permenantly getting settled outside uk .

#5 mrlookforward

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Posted 15 June 2012 - 09:12 AM

First of all, let me make it crystal clear that I strongly advice you to get professional help, and that just getting online input will do nothing to help your situation.

Others might not agree, but I have personal experience with myself and many other people I know, that many immigration advisors/solicitors out there are just there to get peoples money, give them false assurances, never tell a client his real standing based on rules/case law/personal circumstances. Many of these advisors/solicitors have no deep grasp about immigration matters and just are form fillers in simple cases.

I have noticed though that advisors/solicitors on this board have good knowledge and understanding about immigration matters, and do have good capabilities to find out the correct information/procedure/case law etc which they might not readily know. On top of that, they spend their valuable time to answer people's queries for free on this board.

I strongly suggest that you contact one of them and get their advice.


After having said that, I will let you know my personal take on what you have mentioned. Please do not regard this as definitive answer to your queries.


1.i cant understand what to do now with new immigration rules from July 2012 how will it affect my application article 8 family life will the threshold income of 18660 apply on to the article 8 cases which were applied before july 2012 and were refused are waiting to be allocated for caseworker.

A. Based on the statement of intent, that I have read online, there is no way round the rule changes taking place from 9th July. You do not stand a chance on article 8 claim as well.

2 what should i do next (should i make any other application as i am fed up with this wait)
A. No point making multiple applications. You cannot do anything apart from waiting. (try good professional advice while you wait)

3.would i be elligable for zombrano application
A. No you wont.

4 what if i be refused a discretionary leave by the case worker ? what will be my next step
A. You can keep taking any steps you want. The question is, whether anything would help? In my opinion nothing would help. You are just wasting your time running after one thing to other, making asylum applications, dlr applications, article 8 claim and now thinking about zambrano or any other thing on earth to get a status somehow.

And yes, no matter what you think about child's father, he is child's father, has not left the country, is still in touch with child, and child's mother has recourse to legal action/child maintenance from him. Legally right now, you are a nobody for the child.

Edited by mrlookforward, 15 June 2012 - 09:14 AM.


#6 Victoria

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Posted 15 June 2012 - 09:26 AM

"You do not stand a chance on article 8 claim as well."

Wrong. In the end, if the UKBA choose to start removal proceedings, it is because of article 8 that you have a chance of remaining.

"Legally right now, you are a nobody for the child."

Also wrong. He can show that he is a family member under article 8 for the purposes of an immigration application or appeal.

#7 mrlookforward

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Posted 15 June 2012 - 10:43 AM

Right,

I scored two wrongs.
Lets wait till 9th july, and will discuss article 8 claims further. Its legally only statement of intent right now, but let it become "rule" and we will see how far do these claims go under article 8.

#8 Victoria

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Posted 15 June 2012 - 11:29 AM

Even if Trixie stops applications under Article 8, she can't stop appeals based on article 8. As ever, this will probably mean more money for the lawyers.

#9 mrlookforward

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Posted 15 June 2012 - 03:51 PM

Possibly judicial review applications, or court of appeal and supreme court cases by big gun solicitors.

There is no right of appeal for out of time application even if the application is made on article 8 grounds.

#10 Victoria

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Posted 15 June 2012 - 04:08 PM

Obviously not, but eventually the UKBA will start removal proceedingsand that is when the applicant has a right of appeal.




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