Post
by melliek11 » Mon Jul 26, 2010 9:01 am
Hi Guys
I am new here I think I may have posted a while back but can’t remember. But hi anyway and sorry in advance for such lengthy post.
Right here goes. I married my Turkish partner in Jan 09 and applied for a settlement visa in Jan 09 also. My husband was an overstayer and he had worked while he was here. While he was working he got caught and was removed from UK.
They refused our settlement visa on the grounds of his immigration history and him working here illegally etc etc. Also they didn’t believe our relationship was real as not many pics.
We now have a daughter (14 months old) who he has never met.
We went to appeal on Jan 2010, and this too was refused. We then appealed against this and I have just been to our second appeal at the Upper Tribunal as there was an error of law.
The Judge said at the start she was preliminary satisfied with everything the home office rep then went on to ask if it can be dismissed again as my husband had ignored immigration rules and so did I. But the judge had said she is happy that our relationship was real. The Judge wasn’t giving anything away at all, she didn’t really ask me much questions, the Home office Rep was the one asking me everything. She kept on saying that I could move there. This isn’t an option as our daughter has horrific eczema and can’t cope with heat and this is one of the reasons I haven’t been back to turkey. (Amongst other things) She asked if there was medical proof, and of course every Dr letter she had there.
My problem is, can they refuse it because they think I can move to turkey. The Judge had already said she was happy with everything, and she would have read the bundle my solicitor send and the last judges determination surely.
Sorry to blurt this all out on my first post but I was just hoping someone could shed some light on this for me.
many thanks
Melanie