Notice: wp_enqueue_script was called incorrectly. Scripts and styles should not be registered or enqueued until the wp_enqueue_scripts, admin_enqueue_scripts, or login_enqueue_scripts hooks. Please see Debugging in WordPress for more information. (This message was added in version 3.3.0.) in /home/immigration/public_html/wp-includes/functions.php on line 4138
YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN REFUSED | Immigration Matters

Want to learn more about UK/EU Immigration Law? Click Act Now to learn more... Act Now

Hide
Show
Call Us +44 7950 458 464 | info@immigrationmatters.co.uk
 Categories : News

 

The old saying, “It’s not over until the fat lady sings”, has never been more true that in immigration cases. Many migrants and international students who could be entitled to stay in the UK, for example because they are in a relationship or have a child, do not seek professional advice and sadly give up the fight and go home – in some cases with a ‘Section 320’ ban stamped in their passport for over staying! Salamat UK. 

In my experience, Filipinos are not as likely as other nationalities to ‘play the system’ or apply ‘outside the rules’. Illegal overstayers from other countries go all the way to appeal and are allowed to stay because they have ‘built a life in the UK’, play cricket or own a cat. Come on Pinoys stand up for your rights! 

Last month, we mentioned that the although 14 years long residence rule has been abolished, there are other Rules under which you can apply for indefinite leave to remain in the UK on ‘private life’ Human Rights grounds in the UK.

Remember, that the from 9 July 2012, if a British Citizen marries a foreigner and wants to live in the UK together, they must earn a minimum of £18,600 per annum. I have seen cases where some self employed or retired British citizens earn less than £18,600 and have to rely on savings and investments to qualify. A complex calculation.

Most people know that the same UK rules do NOT apply if you marry an EEA (European Economic Area) national, for instance a Pole or Romanian. What is less well known is that a British person can establish themselves as an EEA national and sponsor their spouse, partners, dependents and extended family under more generous EEA regulations.

See also:

UK 14 YEAR LONG RESIDENCY RULE HAS BEEN ABOLISHED BUT OTHER ROUTES STILL APPLY

New Immigration Rules split non-EEA families apart

Malaysian criminal wins Article 8 Human Rights appeal claiming she would be ’shamed’ if she was deported

Immigration Rule changes to Tier 1 Exceptional talent visa and student applications from Botswana and Malaysia

Assisted Voluntary Return scheme for visa overstayers has a ’sting in its tail’

Migration Watch calls for 5 year extension to UK work restriction for 30m Bulgarians and Romanians

Romanian Gypsy campaigner who ran £10m benefits fraud ring allowed on appeal to stay in Britain on human rights grounds

How Romanians and Bulgarians working illegally without Yellow Card or papers can legalise their status in the UK

If you need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 2, Tier 4, applying for university if your college has closed down, Visa, ILR, Settlement, Citizenship, Dependant Visa or an appeal against a UK Border Agency or British Embassy refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk for free immigration news updates.

Spread the Word, like or share this page, your friends will also love it and thanks for it.



Do you employ foreign workers? Don't risk a £20,000 fine and a possible custodial sentence. We can advice on Entrepreneur Visas, Investor Visas and Home Office sponsor licence compliance for your business. Use the button below to schedule an appointment...

About

Cynthia Barker is an Immigration Adviser and Co Author of the book: How 2 Come to the UK to Live Work Study or Visit. Cynthia writes a regular immigration column for Planet Philippines and Europhil Journal.

47 Responses to “YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN REFUSED”
Read them below or add one

  1. David Glenn says :

    My 14 year old son was issued a British passport at birth in Cuba were he was born.Upon renewal 14 years later it was revoked because according to the Embassy in D.C.it was given to him by mistake.His grandfarther and great grandfarther were british by birth.I was born abroad and issued a British passport at birth.This complicates the issue because i have half custody of him in the U.K were i reside.Now his 15 year old brother has U.K rights having been born here and the younger son is stripped of any rights.WHat can i do to reverse this?

  2. You cannot normally extend a six month visit visa.

  3. George says :

    Please is it advisable to apply for a two years visa after ur six months visit ?

  4. Call Bison UK 02089051822 for advice on appeals.

  5. urgent help needed please, my application just has been refused with no right of appeal, we are family with two boys 8yrs and 2and half. we sent our documents on February under 7 yrs rule. our children were born in UK. we are in UK for last 10 years. home office did not send our passports back and they gave as only one week to leave the country. is that right for a school boy who is 8, or father who is diagnosed with Schizophrenia and who is on medication?

  6. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  7. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  8. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  9. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  10. You did have 10 years to get it though? Try 0208 905 1822.

  11. g carter says :

    I have lived in the UK for the last 10 years I had Ancestry visas, my visa expired on 10 Aug 2012 with 28days thereafter to the deadline.
    therefore my application was due to arrive at the UKBA on the 7Sep 2012. it arrived on the 13Sep. I was refused with no right of appeal, and have been theatened deportation. I am engaed to an english girl and I work pay my taxes, never been in trouble I am an Aussie. 6 days for gods sake, and that was because I was waiting for a original birth certificate of my long dead gran. who can help me??

  12. […] gets refused, consult a qualified immigration adviser to look at all your options. You may have to appeal against the refusal or use Article 8 ‘right to a family life’ human rights grounds, as a reapplication will contain the same […]

  13. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  14. […] gets refused, consult a qualified immigration adviser to look at all your options. You may have to appeal against the refusal or use Article 8 ‘right to a family life’ human rights grounds, as a reapplication will contain the same […]

  15. […] recently won a human rights appeal, in which a Filipino care manager, who had been in the UK on a work permit for 5 years, and her […]

  16. […] recently won a human rights appeal, in which a Filipino care manager, who had been in the UK on a work permit for 5 years, and her […]

  17. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  18. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  19. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  20. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  21. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  22. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  23. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  24. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  25. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  26. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  27. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  28. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  29. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  30. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  31. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  32. fedibengal says :

    how do establish yourself british person under generous EU regulation.

  33. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  34. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  35. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  36. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  37. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  38. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  39. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  40. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  41. Olayinka A ODESOLA says :

    In fact , I think they should have issues illegal elinence immigrant cards to all non eu immigrant I think it will help to know who u are and where they lives also to show what u can do and not to do and some local land lord getting money from immigrat for rented flat as share house , which is good for housing association to do from there local Gov

  42. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  43. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  44. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  45. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  46. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

  47. […] YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN RE… […]

Leave a Comment

Your email address will not be published. Required fields are marked by *.

You must beLogged in to post a comment.