It may well be a long time step to take, but not a short term one. The short term one is getting him out. Divorce takes , at the very least 3 months to be resolved. Not sure UKBA will want to keep him there until then. At this point he needs evidence demonstrating that the estranged spouse is in th...

Amber_ wrote:He could have issues evidencing the retention of the right to reside. However, he has a child, who I assume is British? Then exception 1 could be in play, albeit under the immigration rules.

No his child is not a British bacause he had the child with another woman from non eu country.

Thanks Obie his friends solicitor advice him to file in divorce since his wife is not cooperating. Please Is it the right thing to do?

So his options are: 1) Await the upper tribunal 2) Agree to leave and head back to South Africa. 3) Possibly start divorce proceedings. However, I believe the only way that can be done - and IANAL - is by the wife (as she can cite the adultery) within the year - otherwise they have to have been sep...

I dont think it is unusual at all. I was involved with a case along this line but slightly different in that the EU national left the non Eu whiles his application was with the Home Office, she then withdrew her application for registration certificate, and UKBA wrongly withdrew the guy's applicati...

Hi everyone, I just spoke to my brother in law now and he said that the lower tribunal didn't not reconsider his decision ,they said they are happy with the previous judge decision. Now his solicitor said that she has lodge the appeal to upper tribunal direct. Please what can we do for him at this s...

Thank u all for your concern and advice he is using legal aid lawyer.

And his wife has been to visit him at the detention centre. We don't know what to do again.

@ Mph80 please I don't understand IANAL. Please can you explain what it is to me,cos am new in this forum. Apologies.

No. He is still waiting for upper tribunal permission to appeal the lower tribunal decision. Thanks MPH80

I hope my little info will help. Thanks

Thanks so much for your reply. So sorry about that. He has been in this country since 2006 I guess but I know they met 2007 according to him. Am not sure of his previous status before he got married. He had an affair with another woman and got her pregnant 2012 then his wife (the EU national ) move ...

Hello everyone, Please I need a advice,my brother in law got married to a eu national 2009 and they have been leaving together since. Then he got another girl pregnant without telling anyone till his wife found out herself Nov 2013 being the baby's birthday and move out of the house to her mothers h...

Thanks all no news for now but I will surely keep you guys posted. Gud luck to us all

Thank avjones for your reply. I applied for judicial review protocol for reconsideration first but they didn't reply then my solicitor have put in proper judicial review,since march up till now I have not heard from them. I hope my information is useful. Many thanks

Thanks Seneca, really appreciate your concern. I have not heard from them at all,the notice was sent to HO last year December 28/12/2013. They didn't acknowledge it and they have not reply since then. I don't know if they wil still reply,it's goin to two months now.

Hello everyone, please I need advice on what to do I applied for student visa extension October 2013 after my previous visa expired. I was told to build account for £7200 which I did but it was wrongly stamped by the bank and on that basis HO refused my visa and I was not given right of appeal. I we...

Hello everyone, please I need advice on what to do I applied for student visa extension October 2013 after my previous visa expired. I was told to build account for £7200 which I did but it was wrongly stamped by the bank and on that basis HO refused my visa and I was not given right of appeal. I w...

Hello everyone, please I need advice on what to do I applied for student visa extension October 2013 after my previous visa expired. I was told to build account for £7200 which I did but it was wrongly stamped by the bank and on that basis HO refused my visa and I was not given right of appeal. I w...

Please am waiting for someone to reply me please. Suggestions please !!!

Hello everyone, please I need advice on what to do I applied for student visa extension October 2013 after my previous visa expired. I was told to build account for £7200 which I did but it was wrongly stamped by the bank and on that basis HO refused my visa and I was not given right of appeal. I w...

Hello everyone, please I need advice on what to do I applied for student visa extension October 2013 after my previous visa expired. I was told to build account for £7200 which I did but it was wrongly stamped by the bank and on that basis HO refused my visa and I was not given right of appeal. I we...

Hello everyone, please I need advice on what to do I applied for student visa extension October 2013 after my previous visa expired. I was told to build account for £7200 which I did but it was wrongly stamped by the bank and on that basis HO refused my visa and I was not given right of appeal. I we...