Janedoe35 wrote: ↑
Thu Jun 07, 2018 8:18 pm
I have gained invaluable information on this forum and thought this success story might give someone hope:
Today my husband's FLR FP partner route was approved at a premium service appointment
his last application for leave to remain was refused in Jan 2018 after his previous marriage broke down and his wife denied access to their baby. Even with a court order the home office denied because his ex-wife took him through hoops in the court system when he applied for an enforcement of the contact order. she even lied about violence to acheive a temporary restraining order without him being present but it was later denied an extension by the family court judge who said there was no justification for it.
I have to be honest and say that it felt like the home office and later on appeal judge sided with her as their citizen. they refused to acknowledge the timeline of events that took place and instead emphasized the temporary non-molestation order that she obtained - she only filed for a restraining order a few days after my husband filed for a divorce and the enforcement of the contact order that she breached in 2016
my husband represented himself at the FTT and I was his witness - the appeal judge told us that he could not consider our recent marriage because the home office argued that our marriage was new information and that his FLR FP application was considered as a parent and not as a spouse because we were only living together for 2-3 months in 2016 when the application was first lodged.
that being said, the home office was aware of our relationship in the 2016 application because all the documents at that time were in our shared address and I provided him with a letter of financial support including payslips, p60s and bank statements - the letter also included our intent to marry after his divorce was final
the judge said that he could only consider my husband's appeal as a parent and not as a partner. i knew this to be an error in law but could say nothing in the hearing because i was not allowed. of course his appeal was dismissed because they did not accept he had a relationship with his now almost 3 year old son. How can he build a relationship if the mother breached a court ordered contact order and then files a restraining order? after being in court for almost 2.5 years consecutively fighting tooth and nail for his right to be a part of his son's life - he eventually gave up.
I think what frustrated me the most was the fact that the judge lied in his dismissal document! After telling us in court that he could not consider our marriage he then went on to say in writing that he asked home office for permission to consider our marriage to which they said yes but he decided our marriage was neither genuine nor subsisting! it went on for pages for his bogus reasoning but in the end we know what he said in the FTT hearing and what he wrote in his decision after were completely different things.
All the same we thank God that we were able to get a premium service appointment in less than 1 week of receiving the appeal dismissal and the home office have now accepted our marriage as legit because he was granted 2.5 years on FLR FP Partner 10 year route
I hadn't planned on typing all this but I just wanted to encourage anyone else out there in a similar situation that it is possible (please include faith and prayer)
his timeline as follows:
tier 5 migrant leave expired 28/02/2014
applied FLR FP (ex-wife) 27/02/2014 (did not meet financial requirement)
appeal rights exhausted 31/7/2015 - he separated from his ex-wife in Oct 14
child born 28/6/2015
FLR fp parent route applied 15/2/2016
we started living together Mar 2016
flr fp returned as invalid 28/6/16- solicitor used an old form (fee was refunded) - resubmitted 1/7/16 (did it ourselves)
refusal rec'd January 2018
new marriage January 2018 (HO did not contest marriage)
appeal dismissal letter FTT 29/5/2018
FLR FP granted partner route premium service appointment 05/06/18
I really hope this helps someone that it can be done!
I'm thinking of speaking to a lawyer about the ftt's judge dishonesty
ps - we did not use any solicitors