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PR rejected, should I appeal?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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maria_zhang
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Posts: 42
Joined: Mon Aug 20, 2007 12:02 pm

PR rejected, should I appeal?

Post by maria_zhang » Sat Apr 03, 2010 9:51 pm

Hi everyone,

My PR has just got rejected and they give me 10 working todays for appeal, but I am not sure if I should or how to appeal, please please help to advise me here!

me and my ex were divorced and he is not willing to help me at all. And the refusal reason is mainly that I couldn't submit offical evidence of my ex exercising his treaty rights which his work proof. Is is impossible to get as the place he is working at is his friend's restaurant. I have explained this to HO but obv it's not acceptable.

Now I am remarried to a british citizen and we have a 12 weeks old baby as well, should I inform UK Border Agency about this? They gave me 10 days to appeal or I have to leave the UK.

I am very confused and worried, would be really grateful if anyone could help!!

Many thanks in advance

Brown212
Junior Member
Posts: 54
Joined: Thu Feb 18, 2010 2:29 pm
Location: United Kingdom
Contact:

Post by Brown212 » Sat Apr 03, 2010 11:05 pm

Go for the appeal, you have a good case on article 8.

maria_zhang
Newbie
Posts: 42
Joined: Mon Aug 20, 2007 12:02 pm

Post by maria_zhang » Sun Apr 04, 2010 12:22 am

Brown212 wrote:Go for the appeal, you have a good case on article 8.
. Could u advice more pls? One of my friend told me I should try to restart a fresh application as British partner, what do u think? Many thanks

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Sun Apr 04, 2010 1:41 am

You have no chance of an appeal under article 8 as your relationship with your original sponsor is now finished.

You now need to make a new application for a spousal visa

maria_zhang
Newbie
Posts: 42
Joined: Mon Aug 20, 2007 12:02 pm

Post by maria_zhang » Sun Apr 04, 2010 4:21 am

mochyn wrote:You have no chance of an appeal under article 8 as your relationship with your original sponsor is now finished.

You now need to make a new application for a spousal visa
To do this, do I have to return to my own country first or I can apply in the UK? Thanks.

thsths
Senior Member
Posts: 775
Joined: Sun Apr 29, 2007 8:14 pm

Post by thsths » Sun Apr 04, 2010 8:11 am

maria_zhang wrote:To do this, do I have to return to my own country first or I can apply in the UK? Thanks.
Tough call. For EU applications it is usually better to stay in the UK, but for applications under UK law you often have to go to your home country. You can ask them to accept an in country application claiming that going home is not feasibly with the baby, but it is not certain that will work.

So I think an in country application for a spouse visa seems viable, but you may be want to get legal advice to make sure.

maria_zhang
Newbie
Posts: 42
Joined: Mon Aug 20, 2007 12:02 pm

Post by maria_zhang » Sun Apr 04, 2010 3:12 pm

thsths wrote:
maria_zhang wrote:To do this, do I have to return to my own country first or I can apply in the UK? Thanks.
Tough call. For EU applications it is usually better to stay in the UK, but for applications under UK law you often have to go to your home country. You can ask them to accept an in country application claiming that going home is not feasibly with the baby, but it is not certain that will work.

So I think an in country application for a spouse visa seems viable, but you may be want to get legal advice to make sure.
. So basically I can just forget about the old application of PR and start a new fresh application for spouse visa? Is it right?

Ben
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Re: PR rejected, should I appeal?

Post by Ben » Mon Apr 05, 2010 11:27 am

maria_zhang wrote:Is is impossible to get as the place he is working at is his friend's restaurant.
Is he working lawfully in the UK? If not, he himself may not be lawfully resident in the UK.

What is your ex's nationality?
I am no longer posting publicly on this website - PM me if needed.

maria_zhang
Newbie
Posts: 42
Joined: Mon Aug 20, 2007 12:02 pm

Re: PR rejected, should I appeal?

Post by maria_zhang » Mon Apr 05, 2010 1:01 pm

Ben wrote:
maria_zhang wrote:Is is impossible to get as the place he is working at is his friend's restaurant.
Is he working lawfully in the UK? If not, he himself may not be lawfully resident in the UK.

What is your ex's nationality?
He is working lawfully in the UK but I just can't get it approved. He is Dutch.

Ben
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Location: Elsewhere
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Re: PR rejected, should I appeal?

Post by Ben » Mon Apr 05, 2010 1:27 pm

maria_zhang wrote:
Ben wrote:
maria_zhang wrote:Is is impossible to get as the place he is working at is his friend's restaurant.
Is he working lawfully in the UK? If not, he himself may not be lawfully resident in the UK.

What is your ex's nationality?
He is working lawfully in the UK but I just can't get it approved. He is Dutch.
Ok, well then what significance is it that his place of work is his friend's restaurant?
I am no longer posting publicly on this website - PM me if needed.

maria_zhang
Newbie
Posts: 42
Joined: Mon Aug 20, 2007 12:02 pm

Re: PR rejected, should I appeal?

Post by maria_zhang » Mon Apr 05, 2010 1:48 pm

Ben wrote:
maria_zhang wrote:
Ben wrote:
maria_zhang wrote:Is is impossible to get as the place he is working at is his friend's restaurant.
Is he working lawfully in the UK? If not, he himself may not be lawfully resident in the UK.

What is your ex's nationality?
He is working lawfully in the UK but I just can't get it approved. He is Dutch.
Ok, well then what significance is it that his place of work is his friend's restaurant?
. Yes they all hate me apparently. Wouldn't help me on anything.

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