Article 8 Visa Refusal - Request for Grounds of Appeal

Kelkay · Post by **Kelkay** » Sun Jul 28, 2013 3:18 pm

I only got to know your forum a moment ago. I need urgent help for how to prepare grounds of challenges for:
(1) refusal of my visa made under Private and Family Life (Article 8 of the Human Rights Act 1998), and
(2) decision to remove me from the UK under s47 of the Immigration and Nationality Act 2006.

Unfortunately I do not have money to use the services of professionals. If I have the money I would have used it to pay for my tuition and sponsored by my college for a further two years in my degree programme.

I would be pleased for some assistance or quality ideas as I must file my application online to meet the deadline for it to be done by Tomorrow 29 July 2013.

My Case Background

Eight years ago I came into the UK as a student. In the process I got married here four years ago having received Home Office approval. My partner is on discretionary leave and he is due to have his ILR in about 18 months time. We have established a family life together and we have a child of two years old.

My financial sponsor has always been my brother who is a British Citizen but he has not been able to raise money for my tuition fees as he was made redundant and he has not yet secured a new job. Other family and friend sources indicated that they required to collate such amount in about six months.

So I made application to vary my student leave to under the Family and Private Life Article 8 as the money I was expecting for my tuition fees is not likely until about December 2013 at the earliest. My college was not willing to sponsor an extension of my student visa without at least half of the tuition fees completely paid. Hence the application I did so that my stay cannot be considered unlawful. So I made the application under Article 8 ground just in time before the visa expired.

Decision of the Home Office

My application for visa was refused but given right of appeal.

The Home Office decided to consider my application under the partner route on their own accord and concluded that my husband cannot sponsor me through the partner route as he is on a discretionary leave to remain. They provided to me the failure category as E-LTRP 1.2.

The Home Office also on their own accord considered my application through parent route and concluded that my child born here 2 years ago is not a British Citizen or not having ILR. They provided failure category of E-LTRPT 2.2.

Then on my principal grounds of application for Private and Family Life Article 8, the Home Office gave the following decision.

"I have considered whether your application raises or contains exceptional circumstances under Article 8 which could warrant consideration by the Secretary of State outside the immigration rules. I have decided that it does not."

Furthermore a decision to remove me from the UK was also made in accordance with s47 of the Immigration Asylum and Nationality Act 2006.

Request

I urgently require some generous help and assistance on possibly grounds of challenges to the First Tier Tribunal on both decisions made against me which are
a) Refusal to vary my leave
b) Decision to remove.

Post by **Obie** » Sun Jul 28, 2013 6:01 pm

This is a bit of a tough situation. On what basis was your wife granted DLR?

Had she qualified for ILR, then your child could have then be registered as British, and this will make things much easier.

Was she an asylum seeker? are you from the same country? is there any risk to her going to your home country?

The other thing is, your child seem very young, and they would want to argue that your wife can relocate with you, and your child can easily adapt to any changes.

You clearly don't meet the substantive rules, but depending on the circumstance, you may qualify under the broad Article 8 grounds.

Good thing you have a right of appeal.

Kelkay · Post by **Kelkay** » Sun Jul 28, 2013 7:33 pm

Obie wrote:This is a bit of a tough situation. On what basis was your wife granted DLR? He was denied Asylum after 10 years the case was under consideration by the Home Office then granted DLR instead.

Had she qualified for ILR, then your child could have then be registered as British, and this will make things much easier. Yes I agreed with you on this hence the challenges we are facing as a family unit.

Was she an asylum seeker? are you from the same country? is there any risk to her going to your home country? He was refused Asylum after ten years of consideration by the Home Office and granted DLR. Yes we are from the same country. I think the risk which led to his request for Asylum might still be there and also he might need medical care as it seemed he developed some medical issues after the grant of the DLR

The other thing is, your child seem very young, and they would want to argue that your wife can relocate with you, and your child can easily adapt to any changes. He does not have any passport. Also I wanted the opportunity to complete my degree.

You clearly don't meet the substantive rules, but depending on the circumstance, you may qualify under the broad Article 8 grounds.

Good thing you have a right of appeal.

This is why I have written here for ideas on how to shape my appeal to increase my chance of successful appeal.

Kelkay · Post by **Kelkay** » Mon Jul 29, 2013 5:33 pm

Any help please I must make my application today

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Article 8 Visa Refusal - Request for Grounds of Appeal

Article 8 Visa Refusal - Request for Grounds of Appeal