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appeal hearing on Article 8 refusal

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

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jackwallace
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Posts: 16
Joined: Tue Jan 21, 2014 3:15 am

appeal hearing on Article 8 refusal

Post by jackwallace » Thu Jan 30, 2014 3:46 am

I came in UK as a student in 30th of june 2006 and My wife came in UK on march 2011 as my dependent.we was trying to having a baby since then .unfortunately end of 2011 NHS found I am suffering a serious fertility problem ''primary testicular failure''and I never become a father.but we did not lost our hope.after many treatment I went for testicular biopsy which was very very unlikely to found any sperm,chance was maximum 10%. It was a miracle that surgeon found 2 straw of sperm,it was end of 2011.Specialist advised me to take a special injection in every 3 month until my last day of life ,otherwise I will face serious health problem.after 2 unsuccessful attempt, my wife become pregnant on end of 2012 she gave birth of a baby boy.


They used 1 straw for making egg using my wife embryo and kept 2 in the storage for future use.we privately bear all medical treatment cost.Me and my wife want more baby in our family.When our visa was nearly expiry we can't took frozen sperm back of my country.because of serious transportation problem and unreliable low quality treatment in my country.moreover my family and society will not take IVF treatment easily which we always hided from them.

We Applied our visa on article 8 to extend our leave to remain then we can try another baby from our frozen embryos and its refused. I appeal for this refusal decision and waiting for a hearing on late July 2014 by tribunal.

I will appreciate if anyone can provide few information for me:-
# some case study on similar matters(links and others)
# Chance of winning on Fist Tier Tribunal
# If I refuse what is the chance of giving another hearing by upper tribunal ?
# one after another appeal how long we can stay in UK ?
# Finally if I loose my case, is there any way which I can use to settle in UK ? or used to leave to remain ?

I will appreciate if you quickly replay my mail as I don't have enough time. and please please pray for me.

Many thanks

Hollytree
Newly Registered
Posts: 4
Joined: Thu Jan 30, 2014 3:02 pm

Re: appeal hearing on Article 8 refusal

Post by Hollytree » Thu Jan 30, 2014 4:10 pm

I am not an expert, but I would have thought that you had grounds to stay based on your son.

Forget the fertility issue and trying for another baby - that is going off the subject. Focus on what you do have - a British born child.

Amber
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Posts: 17549
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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United Kingdom

Re: appeal hearing on Article 8 refusal

Post by Amber » Thu Jan 30, 2014 4:29 pm

You've been in the UK 8 years which I quite a long time, given the fact you've had a child in the UK too I would hope you stand a good chance. Just produce as much evidence as possible to show that you have integrated into UK society and that there would be insurmountable obstacles to family life with that partner continuing outside the UK.

I imagine you will be given 2.5 years leave and thus by the time that leave expires you will qualify for ILR under SET(LR).
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