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My application was refused and given 10 days to leave

General UK immigration & work permits; don't post job search or family related topics!

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Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Obie
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Location: UK/Ireland
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Re: 7 years continuous residency

Post by Obie » Mon Aug 24, 2015 11:02 am

Ok.

If there was no withdrawal then the 2012 was a variation of the 2008 application and the difference in fee will be refunded. If there is a refusal to vary then section 10 removal is inapplicable and only section 47 can be invoked and you still have rights under Section 3C.

As stated , there are many complex aspect to you case , which is best left to the advocate with authority over it.
Smooth seas do not make skilful sailors

itiz
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Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

Re: 7 years continuous residency

Post by itiz » Fri Oct 23, 2015 3:14 pm

Just thought I would put this out there.

I am in court next week for my first tier hearing.

1. The case was adjourned from april 9th, due to lack of judges and to date, the HO has failed to send me any bundles.

2. after delaying my TIER 1 application from 2008-2010 a caseworker unlawfully withdraws it and puts my wife alone through. ( hence my divorce ) as they HO destroyed my marriage.

3. They now rejected my subsequent FLR(O) Claiming I had been living illegally in the country for 5 years with no right of appeal.

4. After my ombudsman complaint, I showed the HO had all their facts wrong and were lying. Hence it was passed to the Ombudsman investigation team.

5. The HO made a 180degree turnaround, from a 9 months repeated failed 8 week deadline to giving me a right of appeal. further lying I applied for LTR when i never did.

Am shocked about all the lies from the HO which destroyed my marriage and left me in limbo for 8+ years without work. Despite having a dual MSC in finanace and computing in the UK

itiz
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Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

Re: 7 years continuous residency

Post by itiz » Wed Dec 09, 2015 3:02 pm

Hello
I have this protracted battle with the HO which has been dragging for 9 years. I have a daughter who is 7 born here.

PROBLEM WITH HO
1. My application was refused with no right of appeal, so my local MP escalated to the Ombudsman (PHSO), I was able to prove the HO were deceptive and incorrect, hence an investigation was setup.

The HO deceptively aborted the investigation, claiming in the middle of the PHSO complaint I applied for LTR outside the rules, hence challenged me to court.

2. The tribunal was adjourned in april to oct. However on getting to courts after paying well over £3,000.

The HO failed to turn up, failed to serve me any bundles and despite applying for SAR for me and my daughter, took the money and failed to send me any documentation.

3. The judge adjourned the case indefinitely and demanded the HO release all documentation concerning myself and daughter before this xmas.


MY PASSPORT DATA PAGE
owing to the fact, I have been in this mess for 9 years, I requested through my local MP for my passport data page, as I am applying for a few things internationally and need identification. But they have constantly refused.

Any advise ?

thank you
itiz

itiz
Member
Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

Re: 7 years continuous residency

Post by itiz » Sun Dec 27, 2015 7:05 pm

1. The ukvi after falsely claiming I applied for LTR. Got the ombudsman to drop the pending investigation against them and challenged me to court. This was sept 2014

2. A year later oct 2015. I got to court and the HO failed to turn up or send their bundles

3. The judge gave a 60 day order to disclose my entire file and that of my 7 yr old daughter

Deadline expired 24th Dec. Yet HO FAILED to respond

itiz
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Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

Re: 7 years continuous residency

Post by itiz » Wed Feb 17, 2016 12:41 pm

update:

The HO has falsely accused me of many lies, after a caseworker unlawfully withdrew my overly delayed 2008 TIER 1 application in 2010, then contradicting themselves 5 times ( passing the blame between, themselves, my x wife and mysefl ) for withdrawing the application.

WHen the ombudsman stepped in, then claimed i applied for LTR and asked the Obudsman to drop the case and challenged me to court, which they failed to serve their bundles or make an appearance, the judge gave a 56 day disclosure of my entire file and that of my daughter, which i stated above they failed to disclose, so the judge gave them a 2nd chance, which expires today, and yet they still refused to disclose it.

Has anyone got any advise on what this means ? As am shocked the HO will refuse a court order ???

itiz
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Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

seeking a new barrister for 15th june taylor house london

Post by itiz » Mon Jun 06, 2016 3:11 pm

hello
I seek a barrister for the 15th of june in london ( taylor house)

All skeleton arg, bundles etc have been done, the HO failed to appear in the last hearing and my solicitor is acting up



summary details found here - xxxx

itiz

Moderator edit: contact details removed under board policy. Scammers & spammers frequently trawl the forum for personal details.

itiz
Member
Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

UKVI lying to both courts & ombudsman

Post by itiz » Mon Jul 04, 2016 2:43 pm

hi guys
I have a very complex case, but want to focus on a new development via the ombudsman, as the UKVI have been denying me info even refused to disclose SAR (So my local MP passed it to the ombudsman)

MY SUBMISSION
1. A caseworker called my ex-wife (A newly nursing mum) and asked her to terminate my application, while I was out job hunting - Feb 2010

2. I was told to go out job hunting for 2 years, but denied work (As the UKVI refused to give us a letter to work while holding our passports)

3. Failed to serve an outcome (As only my passports were returned)

My marriage broke down 2 months after and divorced exactly 2 years after



UKVI SUBMISSION
1. Last conversation with my ex-wife was nov 2009
2. My marriage broke down prior to feb 18, 2010
3. My ex-wife notified them, hence they terminated my application





OMBUDSMAN INVESTIGATION


I showed via email, phone (that both a UKVI manager with the help of our previous local MP), communication continued up until jan 2010, and the manager passed our file to a caseworker in feb 1st 2010, who contacted my ex-wife and advised her he was doing us a favour, (As she emailed me to inform me of her intent, which I showed the ombudsman and more post evidence, up until we separated.)

However the ombudsman said they wont uphold this complaint, because

1. They saw the letter from my ex-wife (Which was not the focus of the complaint, as I have always said the letter existed)
2. They acknowledge my submission (of proof of further communication), but discarded it in their final report, rather choosing to hold on to the denial of the UKVI, that communicated ended nov 09
3. They also disregarded other false and contradictory facts the UKVI submitted, e.g. that my marriage broke down hence, reason they terminated my application


its far more complex, but

Kindly advise
itiz

vinny
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Re: 7 years continuous residency

Post by vinny » Mon Jul 04, 2016 2:54 pm

M.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

itiz
Member
Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

Re: 7 years continuous residency

Post by itiz » Mon Jul 25, 2016 10:15 am

My appeal was dismissed today.

The judge dismissed everything put forward, the fact my daughter is 7 and I dont know her status he called irresponsible,(though I applied for a SAR and HO refused to disclose it and ignored pleas from my local MP) He said my maintenance and visits, pics etc were all unreliable. He had nothing good to say in his dismissal

However taking this forward to appeal

1. Do I submit the appeal myself or consult a barrister or solicitor ?

2. How do I know a good firm, as my last solicitor abandoned me half way

3. How long does it take to get a hearing date ? As I have been in this situation for 10 years now


Kindly advise, thank you

itiz
Member
Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

Re: 7 years continuous residency

Post by itiz » Thu Jul 28, 2016 9:28 am

Hello Sirs
can you please help me with an answer please ?

My appeal was dismissed on monday. The major grounds was that my daughter is NOT settled and there is no error of law. Though she is 7 +

My solicitor abandoned me last minute, as they upped their fees ( Which I cant afford) being £1,500 upfront.


Can I request a JR at this point, if the appeal is dismissed, based on no error of law ?

kindly advise
thanks

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: 7 years continuous residency

Post by vinny » Thu Jul 28, 2016 12:36 pm

See also Seven years children British non-British.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

itiz
Member
Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

Re: 7 years continuous residency

Post by itiz » Fri Jul 29, 2016 10:34 am

thank you Vinny
vinny wrote:See also Seven years children British non-British.

itiz
Member
Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

Re: 7 years continuous residency

Post by itiz » Fri Jul 29, 2016 10:36 am

Can I request a Judicial Review at this point, if the appeal is dismissed, based on no error of law ?

I was advised this, but then again, I am told it cost the earth and takes time.

But please advise if I can request a JR ?

THANKS

secret.simon
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Re: 7 years continuous residency

Post by secret.simon » Fri Jul 29, 2016 3:13 pm

itiz wrote:Can I request a Judicial Review at this point, if the appeal is dismissed, based on no error of law ?
If there is no error in law and no error in fact (which would have been corrected in multiple hearings), what would be the basis of your appeal (apart from not liking the verdict, which is not a basis at all)?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

itiz
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Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

Re: 7 years continuous residency

Post by itiz » Sun Jul 31, 2016 5:32 am

secret.simon wrote:
itiz wrote:Can I request a Judicial Review at this point, if the appeal is dismissed, based on no error of law ?
If there is no error in law and no error in fact (which would have been corrected in multiple hearings), what would be the basis of your appeal (apart from not liking the verdict, which is not a basis at all)?

Thanks

1. I am still at the second appeal to the Upper tribunal stage. So there has NOT been multiple hearings as of yet

2. I had my earlier application passed to the ombudsman, for foul play. After the investigation, the HO claimed no one talked to either myself or my ex wife from nov 2009 - march 2010 when my ex wife requested to withdraw my application

Contrary to that, I have proof they are lying.

As I have the original emails from a manager with the conversation refs, original letters from our local MP and letter from employer who all were communicating with the HO. My ex wife is willing also to send a letter to the ombudsman that the HO are lying

So hopefully I hope things will turn around

itiz
Member
Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

Re: 7 years continuous residency

Post by itiz » Sun Jul 31, 2016 7:23 am

BOTTOMLINE

I am a skilled microsoft programmer with a dual msc in computer sc and finance in the UK

My argument which i have always maintained is that the HO are lying willfully and repeatedly

I find myself in an unfortunate circumstance, whereby my family life is destroyed, my daughter (going on 8 ) in a broken home and my immigration history in ruins

because of willful SABOTAGE from the HO, whereby a caseworker told my ex wife, (while I was mandated to go out job hunting and after a 2 year unexplained delay of our work permit) that the only way we could succeed is to stab me in the back.

Now the HO is denying any communication and demanding I depart the UK on a criminal record or face arrest.

Such a shame

itiz
Member
Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

Re: 7 years continuous residency

Post by itiz » Thu Aug 04, 2016 12:58 pm

what do you do when your barrister misses a deadline ?

I appointed a barrister to lodge an appeal to the upper tribunal, and he says he will contact me today, and just sent a text saying we have more time, so he will postpone till next week

I havent the luxury of time, as the letter from the tribunal clearly states 14 days which expires tomorrow

If I miss it, what do I do ?

I like to plan ahead, in case he disappoints me.

kIndly advise, thank you

Obie
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Location: UK/Ireland
Ireland

Re: 7 years continuous residency

Post by Obie » Thu Aug 04, 2016 2:28 pm

You will need to seek an extension of time, if the deadline is missed, and this will live you at a mercy of a Judge, which is not a very good place to be.
Smooth seas do not make skilful sailors

itiz
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Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

Re: 7 years continuous residency

Post by itiz » Sat Aug 06, 2016 4:22 pm

Obie wrote:You will need to seek an extension of time, if the deadline is missed, and this will live you at a mercy of a Judge, which is not a very good place to be.
I called the tribunal (Taylor house) who said there is nothing they can do. As if I send it late I need to explain why

She promised to make a note on my file.

I also emailed the courts with a receipt from the chambers with payments of conference and lodging the appeal. Explaining my phone call and insisting it's beyond my control. As I have done my part

I am waiting to hear from the barrister on Monday

I sincerely hope this is ok ? As I can't force the barrister to act ??!

itiz
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Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

Re: 7 years continuous residency

Post by itiz » Tue Aug 16, 2016 3:17 pm

secret.simon wrote:
itiz wrote:Can I request a Judicial Review at this point, if the appeal is dismissed, based on no error of law ?
If there is no error in law and no error in fact (which would have been corrected in multiple hearings), what would be the basis of your appeal (apart from not liking the verdict, which is not a basis at all)?

One thing that has been burning in my mind, is the fact that.

1. I have a daughter that was born in this country

2. I only ended up divorved because the HO frustrated and interfered with my marriage, this I have shown the Ombudsman and the investigation is still on.

If I was demanded to depart the UK and continue my relationship with my daughter over skype because some judge (thinks in his head) thats the way forward

Cant I challenge him in a high court, as in my opinion such a ruling does not make any sense, if the UK was really serious about skype relationships, they should have incorporated it on the HO website or family laws UK ???

please advise

thanks

itiz
Member
Posts: 101
Joined: Fri Jul 26, 2013 12:43 pm

Re: My application was refused and given 10 days to leave

Post by itiz » Sun Dec 18, 2016 11:28 pm

my permission to appeal was refused.

The judge said, there might have been technical error of law, but does not ultimately matter. They gave me 14 days to appeal to the upper tribunal.

What do I do ? whats the best option

My daughter who was born here is 8 and lives with my ex wife ( now divorced) I honestly dont know of my ex status, as I know she had problems a while back, but not sure if she is settled yet

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