My application was refused and given 10 days to leave

[itiz]

hello guys,
I just got a call from my solicitor to say my application for further leave to remain was refused. She didnt give me all the details but said the reason was.

1. I havent been in the country long enough
2. My daughter is only 5 years old.

I have lived in the Uk since 2007 and got divorced from my x wife who was on a tier 2 ( work permit ) visa back then. We have a 5 year old daughter and I did an MSc shortly after separation.

Then I applied for further leave to remain. And my passport was held for well over a year.

I just got a call from my solicitor and she advised me to come into the office for advise as I was given till august 7 to leave the country and refused a right to appeal.

1. I had complained a month ago to my local MP
2. My aunt asked me to go to the immigration ombudsman

Having spent so much money on solicitors and other issues, I thought I ask advise on what steps next to be taken. Although my x is being difficult and wont corporate there is no way am going to leave my daughter

Thank you

I

[Obie]

What is the status of your daughter? is she British?

How long were you a Tier 2 dependant visa for?

Has you wife secured ILR?

[itiz]

What is the status of your daughter? is she British?

How long were you a Tier 2 dependant visa for?

Has you wife secured ILR?

No my daughter is not british, but she was born here and has never been out of the UK.

He mum was given a tier 2 in 2010 after being an MSc student since 2005, we where married in 2007 and I was dependant under her student visa ( only )

She was very manipulative and wont tell me if he has an ILR or not, am guessing after expiration of her tier 2 in feb this year, she must have switched.

[Obie]

They will have to give you a right of appeal, if they are proceeding with removal decision, as your claim is not clearly unfounded.

I am having difficulty understanding on what basis your lawyer suggested you apply under.

Your child don't seem to be a British or have lived in the UK for 7 years.

You don't seem to know the current immigration status of your estranged wife, which will be significantly affected your child's nationality or right to be here, which will in turn affect the success of your application.

[itiz]

They will have to give you a right of appeal, if they are proceeding with removal decision, as your claim is not clearly unfounded.

I am having difficulty understanding on what basis your lawyer suggested you apply under.

Your child don't seem to be a British or have lived in the UK for 7 years.

You don't seem to know the current immigration status of your estranged wife, which will be significantly affected your child's nationality or right to be here, which will in turn affect the success of your application.

My x wife came into the UK in 2005 for the 1st time, to do an MSc in law. AFter which I joined her in 2007 ( was my 5th time in the UK ) when she wanted to continue with her phd, but after that, she started playing games and was violent and manipulative.

She applied for a tier 2 work permit which she finally got in 2010 after much complications, but she kept things away from me. Initially, It was a joint application, but along the way, she terminated mine without my knowledge or consent.

My solicitor asked me to apply for leave to remain under article 8, ( family life ) which I did.

My solicitor says I am not given a right to appeal and asked to leave aug 7 th

Though my daughter was born here, I dont know her mum's status, since her tier 2 in 2010, however she still lives here ( as she cant remove my daughter without me consenting to a passport for my daughter ).

The funny thing, is that i have been coming back and forth to the UK since I was 2 and my 1st school was in canterbury.

I am to meet with my solicitor on monday, but before then, I need advise

[itiz]

Can the immigration ombudsman or citizen's advise be of any help ?

[Obie]

Don't think they can help.

The rules are very stringent.

You have to have a child who is at least 7 and under 18, and has spent7 years in the UK, or a child who is a British Citizen to qualify under the Article 8 provision of the immigration rules.

In circumstances were some form of domestic violence has occurred, allowance might be made.

[itiz]

In circumstances were some form of domestic violence has occurred, allowance might be made.

Ok thanks.

What do you mean allowance and under what occurrence ?

[itiz]

hello guys,
I have been going round and round in circles.

I came into the UK with my estranged wife 7 years ago, who was a student at that time, we both applied for tier1 work permit. Which was held for 1 year 8months after which my x terminated my application and got hers approved. Without my knowledge.

We have a 5 year old daughter born here, whom my x is denying contact since 2012, The courts refuse to give a contact order because of my troubles.

I consulted a solicitor who advised to apply for FLR(o) which was rejected ( without appeal ) because UKBA says I dont have LTR and am welcome to apply again or leave the country. Of which they confirmed I could be banned on my return





My only option now is to re-apply (as I already done) or a judicial review. I am self supported due to family

Before I get a solicitor and start spending more money, kindly advise

many thanks
Itiz

[Lucapooka]

Is the child a settled resident of the UK now? Frankly, without a contact order from the courts, or your partner's written consent of contact, you will not be given any type of leave on the basis of your child. You should consider addressing that issue and applying for leave to enter rather than leave to remain.

[itiz]

no my daughter is not settled, until she is 7.

what do you mean leave to enter ? I have been in the Uk for 6+ years now ?

What type of written consent do I require from my x ? If its a legal one from the courts, then no. she wont give me this, but via mediation and a letter from her solicitor she said she is happy for me to have contact.

[deleted_user]

we both applied for tier1 work permit. Which was held for 1 year 8months after which my x terminated my application and got hers approved. Without my knowledge.

Tier 1 is independent category, how could your x terminate your application? Were you a Tier 1 dependent for her?

[itiz]

Tier 1 is independent category, how could your x terminate your application? Were you a Tier 1 dependent for her?

Yes, she was the main applicant, as specified by the UKBA website.

[itiz]

Hello guys,
I got a letter from the HO today, asking me to complete a form specifying extra reasons, why I should be allowed to stay in the UK ? With form IS75 and IS76 to make a final decision on my case.


BACKGROUND
As I have said a few times in this forum, I came into the UK as a dependent of my estranged wife, who was a student 7 years ago ( divorced in 2012 ) and we have a daughter who will be 6 in november, born here.

IN 2008 we both applied for a work permit (TIER 1) visa. Our applications were held till 2010, ignoring our requests for proof to work and local MP inquiries. In 2010 a company that offered me a £30k job called the UKBA, by then a case worker asked for additional bank statements showing £533 and advised my estranged wife to withdraw my application to put hers thru.

Only my passport was returned with no notices were served. Hence my solicitor said it would be an error to leave the country and re-apply for FLR(O) which was rejected, hence via my local MP, my case was sent for reconsideration. Hence the letter I received.

During this 6 year period, I have not worked, but went back to uni while waiting to get my case resolved, and one day has led to 6 years of waiting. There are obviously lots other complications and errors by the UKBA eg served me a removal notice



Can you guys kindly advise on this ?
many thanks
I

[peppekalle]

You have to provide reasons why they cant send you back to your country.Have you found a solicitor?

[sufibaba]

In this situation you got to plan and think what is
The reason you need to stay in uk.
if it is for educational reasons you got to prove with all supporting docs that you are in studies.
if it is any other reasons you got to prove with solid grounds the reasons.
All depends on how much valid reasons you got to prove.

[itiz]

my reason for wanting to stay is simple,

I came into this country with my estranged wife ( now divorced ) in 2007 and both applied for a work permit in 2008, she being the main applicant

Our application was held by the HO for 2 years after which the case worker advised my estranged wife to withdraw my application, on the condition he will put hers through. On the condition if we could not provide a 2nd bank statement, showing £533, which I had, but was not given a chance.

The HO only returned my passport, without serving my an notices/explanation or my immigration rights, So I made plans to leave the country, but was advised to re-apply by this forums and solicitors. Hence I re-applied for further leave to remain, which was refused, so I sent a complaint via my local MP. And I was served a removal notice and after my local MP complained, I was asked to state my reasons.

Here is an old thread of mine.
http://www.immigrationboards.com/uk-tie ... ml#p955238

[sufibaba]

Get hold of a good solicitor I know its expensive
Have you already informed home office regarding your divorce?
Did you try a fresh application?
A good solicitor will advice.
All the best.

[PaperPusher]

Also, bear in mind that you would not have been granted leave as a Tier 1 dependent if the Home Office knew your marriage was not subsisting.

Have you done a subject access request yet?

I would see a solicitor.

Do you have contact with your daughter?

[PaperPusher]

Okay, I've read some of your previous posts.

Your wife's Tier 1 extension was refused and she is currently appealing.

You initially applied as a dependent of your wife who was at the time applying for Tier 1. There was no decision for two years and when the caseworker came to make a decision your wife withdrew your application. Were you still together at that time? When did you marriage break down?

You made an (apparently) out of time application on FLR(O) which was refused with no right of appeal.

You and your wife divorced.

Your daughter is six and lives with your wife. You have contact order from the court. How often do you see your daughter.

You were served as an overstayer.

I think you have problems. One, your wife and daughter are in the UK only because of a pending appeal. Two, even if the decision to withdraw is withdrawn, you would still be refused as your marriage has broken down. However, that refusal could attract a right of appeal if the initial application was made in time. Still, the only argument you could have to stay is your daughter, whose permission to remain in the UK appears to precarious at the very least.

[itiz]

Also, bear in mind that you would not have been granted leave as a Tier 1 dependent if the Home Office knew your marriage was not subsisting.

Have you done a subject access request yet?

I would see a solicitor.

Do you have contact with your daughter?

To answer your questions.

1. Yes my marriage was together when the HO withdrew mine. The withdrawal was an advise by the caseworker who requested an additional bank statement, and said to my x wife, if I cant get it, he will put her's thru, which he did.

But I was away from home and got back with the bank statement, but the damage had already been done.

2. subject access request ? thats to get all correspondence from the HO ? Yes a solicitor did that for me in 2010, no notices were served.

3. Yes a contact order and am in regular contact.

[itiz]

Get hold of a good solicitor I know its expensive
Have you already informed home office regarding your divorce?
Did you try a fresh application?
A good solicitor will advice.
All the best.

My application was withdrawn in 2010, and we got divorced in 2012, the HO is aware, as I put in a fresh application which was rejected, and currently going through their complaints process via the help of my local MP

I got a solicitor who advised me wrongly.

[itiz]

Okay, I've read some of your previous posts.

Your wife's Tier 1 extension was refused and she is currently appealing.

You initially applied as a dependent of your wife who was at the time applying for Tier 1. There was no decision for two years and when the caseworker came to make a decision your wife withdrew your application. Were you still together at that time? When did you marriage break down? application was withdrawn in april 2010, hence I made plans to leave the country, and left my x wife then, but later advised not to leave, as i would be classified as illegal, hence re-applied, and marriage went through an irrevisible split, as a result of the betrayal

You made an (apparently) out of time application on FLR(O) which was refused with no right of appeal.

You and your wife divorced.

Your daughter is six and lives with your wife. You have contact order from the court. How often do you see your daughter.

You were served as an overstayer.

Yes to all the above, except my daughter will be 6 in novemeber and I see her twice a month

I think you have problems. One, your wife and daughter are in the UK only because of a pending appeal. Two, even if the decision to withdraw is withdrawn, you would still be refused as your marriage has broken down. However, that refusal could attract a right of appeal if the initial application was made in time. Still, the only argument you could have to stay is your daughter, whose permission to remain in the UK appears to precarious at the very least.

no right of appeal was given, however I went through their complaints process and waiting for a decision

[itiz]

Hello Guys,
I got a refusal letter this morning from the HO with option to appeal with the goal post moved in a complex twist.


BACKGROUND
- I came into the UK in 2007 to join my estranged wife ( Divorced in 2012) who came in as an MSc Student in 2005
- We have a daughter born here 26/11/2008. Will be 6 this year.
- I am a skilled Microsoft computer programmer with MSc in the UK and my estranged wife has a PhD here also

- We both applied for a tier1 work permit in 2008 and our application was held without reason till 2010, despite 3 attempts by my local MP 6 months apart.
- An employer who was desperate to confirm my status chased the HO for a job of £30k a year. ( This was one of numerous offers as a programmer )


- The HO withdrew my application in 2010 and returned my passport without any notices or reasons and granted my estranged wife a 3yr work permit ( This tore over time our marriage apart )

The case worker advised my estranged wife to authorize the removal of my application ( VERBALLY ONLY ) and he will put hers through and I can choose to reapply after that, which backfired as both our passports expired during the period amongst other complexities


RE-APPLICATION
- I reapplied as advised by a solicitor for FLR(O) which was refused in 2013 after another long delay
- The HO claimed in their refusal, I had been illegal in the country since 2008 and overlooked their ( above mentioned ) error in 2010

- I was given no right of appeal and asked to leave the country in 28 days or send a reconsideration request in 90 days.

OMBUDSMAN
- Owing to ( No appeal rights given ) my local MP escalated a complaint of unfair practice to the ombudsman.
- During the complaints process, the HO claimed my estranged wife requested the withdrawal of my application ( which was false ) and emphasized I had no right of appeal.
-They further claimed my marriage broke down prior to then ( again which was false )
- I showed proof that I did have an application in 2008 - 2010 and via emails to our local MP all their claims were false.
- The Ombudsman gave them 8 weeks to reply before the end march 2014, instead they served me a removal notice and threat of detention and claimed I never replied to their last correspondence
- When they realized I did send a reply and the Ombudsman and my local MP were involved, i got correspondence asking for update.


FINALLY
Today I got a decision letter in response to the final complaints process. ( 7 months after the Ombudsman 8 week deadline )

1. They ignored all the errors I pointed out
2. They ignored all the reasons ( Compelling arguments I stated, e.g. That I was not illegal in the country and did have an application )
3. They changed the story, saying I claim I asked to stay based on my human rights, which they threw out of the window
4. They asked me to appeal to a tribunal ( which was a changed from their earlier story, of which I was given no rights )


Hence the ombudsman closed the case. As I have another option

Personally I feel they are moving the goal posts and the reasons in their letter are NOT based on my application and ignored my other reasons

MY QUESTIONS
1. Do I need a solicitor or a barrister, self represent ? The letter also said there are free representatives out there ???
2. How do I go about getting a solicitor ( I closed relations with my last solicitor )
3. Any other thing would be helpful
4. Lastly the reasons for the tribunal and refusal are not in line with my application or argument

Please advise, many many thanks
Itiz

[Obie]

I think i remember advising you a while back, if i am correct.

What is the status of your wife and child?

Do you currently have access or contacts rights with them.

Has your wife secured ILR now, and has she registered the children?

You also need to file an appeal within 10 working days of the refusal.

Even if the UKBA were wrong, the judge may conclude you and your partner are not in a subsisting relationship and hence the dependent visa issue is under the Bridge.

Did you commence a contact order request as i advised?