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I am a Kosovan national came to UK in may 1999 as a refugee got 2 years leave to remain than at the end of live to remain I applied for Settlement here but was refused and in 2004 I was separated from my current partner and sent back to Kosova than some month later I came back to UK and been living here ever since and I got a 8 years old son who is British. In 2009 I was arrested from police and after I was released in lunched an application on human bases thing using a small law farm but I haven't ever had a answer from the home office so now I am thinking of lunching another application as follow up that one in 2009. I spoke with someone here before about this case but I was recommended Forma and I wold like her to look at my case and give me a appointment time to meet discus and lunch the application

We write further to your immigration enquiry. We understand that you have submitted an application in 2009 but you are not sure whether or not that application continues to be pending. One way to ascertain the status of your application is to submit a Subject Access Request application to the Home Office in order to obtain a copy of your file and that file should confirm the status of your 2009 application. Alternatively, as you rightfully pointed out, we may be able to assist you with a family life application based on your British child - also known as the 'Parent Route' within Appendix FM of the Immigration Rules. It does not appear that you currently possess any leave to remain (or a 'visa') to live in the United Kingdom. This means that you will only qualify for leave under the 10 years Route as oppose to the 5 years Route. This is because you will not meet the Immigration Status

Requirement. You will need to first meet the Suitability Requirement - that there is no reason as to your background such as criminal convictions, which means you should not be allowed to stay in the United Kingdom. You will also need to prove that you play a central and active role in your child's upbringing - that you are heavily involved with your child's life. This can be shown by way of obtaining a letter from your former partner confirming the role you play with your child as well as other documents such as photographs. We can take further instructions from you in order to better understand the role you play in your child's life so that we have an understanding as to how best to present any new application. Finally, because you do not meet the Immigration Status Requirement (as explained above), you will need to provide good reasons as to why you should still be allowed to stay. This is known as the Exceptions or EX.1. Based on your instructions, it appears that the only exception we may be able to advance on your behalf is based on your relationship with your child. The Home Office's policy states that the Home Office accept that it is normally unreasonable to ask a British child to leave the United Kingdom if it means also leaving the European Union. This policy is based on a judgement issued by the Supreme Court. It is therefore arguable that you meet the requirements for leave to remain as the parent of a British child. Please do not hesitate to contact our specialist immigration solicitors if you have any further questions so that we can advise you on the merits of assisting you with a new application.

 

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