Overstayer Father of British Child Section 120

Dear all,

I have been reading this forum for some time now. I think I can get some good advice here.

I am an overstayer father of a British child. My wife has got ILR. We all live together in a temporary house provided by council because of Homelessness. My wife receiving housing benefit, Council tax reduction, Child benefit and income base JSA. She also applied for Child tax credit recently. She is not able to work full time because of baby.

I came in this country as a student in Jan 2013. My visa was curtailed as the College lost their licence some time around 2014. I can't remember the exact date. I claimed asylum in Dec 2015 which was withdrawn before the interview in may 2016.

I have been living together with my wife since May 2016.

One day my car broken down in the middle of a busy junction. The police helped me to take my car to a side road. After that they checked my immigration status and said that they were advised by the Home Office to take me to a reporting center. They took me with them. The next day one of the immigration officer came to meet me there. He gave me the Section 120 letter and told me to report to the reporting center withing 7 days and then they released me.

I went to a solicitor and they replied the section 120 with all my reasons or grounds for wishing to stay in the United Kingdom. I have been reporting every two weeks since then.
After that the solicitor advised me to register our marriage. We registered on the 6th of march 2017.
My wife was pregnant at that time.
My child was born on 29th of march 2017.
The solicitor sent the marriage certificate and birth certificate to home office, April 2017.
I haven't heard anything else from the Home Office after that.

The reporting center asking so many things from me now which I think only to harass me. Such as driving licence, bank statement, house rent agreement, housing benefit statement etc.

It would be very helpful for me if the members of this forum can give me some advice on what should I do now to speed up the process of getting a visa.

FYI: I don't have nothing in my country. I can't go back there and also my wife won't be able to earn £18600 , so please don't advice me to go back and apply from there.

To moderators: Please let me know before merging this topic with any other existing topic. I found many similar topics but they don't match with my situation that's why I opened a new topic.

Thanks

Update: I spoke with my solicitor, she said the home office is processing my application now that's why they are asking for those documents but they should have contacted her first. I have sent those documents to solicitor and she said she will contact home office and send the documents. Please pray for me guys so that everything goes well. I am going through a very difficult time.

hello mate iam going through the same thing
I pray for you as it's very hard times
my spouse visa is cancelled and they send me one stop notice section 120 and I do have a british child
and iam in the process of doing it
let me know please if you have heard anything from them or not yet
God help you

[quote=Shopon post_id=1558062 time=1509902513 user_id=182698]
Dear all,

I have been reading this forum for some time now. I think I can get some good advice here.

I am an overstayer father of a British child. My wife has got ILR. We all live together in a temporary house provided by council because of Homelessness. My wife receiving housing benefit, Council tax reduction, Child benefit and income base JSA. She also applied for Child tax credit recently. She is not able to work full time because of baby.

I came in this country as a student in Jan 2013. My visa was curtailed as the College lost their licence some time around 2014. I can't remember the exact date. I claimed asylum in Dec 2015 which was withdrawn before the interview in may 2016.

I have been living together with my wife since May 2016.

One day my car broken down in the middle of a busy junction. The police helped me to take my car to a side road. After that they checked my immigration status and said that they were advised by the Home Office to take me to a reporting center. They took me with them. The next day one of the immigration officer came to meet me there. He gave me the Section 120 letter and told me to report to the reporting center withing 7 days and then they released me.

I went to a solicitor and they replied the section 120 with all my reasons or grounds for wishing to stay in the United Kingdom. I have been reporting every two weeks since then.
After that the solicitor advised me to register our marriage. We registered on the 6th of march 2017.
My wife was pregnant at that time.
My child was born on 29th of march 2017.
The solicitor sent the marriage certificate and birth certificate to home office, April 2017.
I haven't heard anything else from the Home Office after that.

The reporting center asking so many things from me now which I think only to harass me. Such as driving licence, bank statement, house rent agreement, housing benefit statement etc.

It would be very helpful for me if the members of this forum can give me some advice on what should I do now to speed up the process of getting a visa.

FYI: I don't have nothing in my country. I can't go back there and also my wife won't be able to earn £18600 , so please don't advice me to go back and apply from there.

To moderators: Please let me know before merging this topic with any other existing topic. I found many similar topics but they don't match with my situation that's why I opened a new topic.

Thanks
Based on the OP’s circumstances, as his spouse is claiming JSA, housing benefit, child benefit and child tax credit, would the home office be able to refuse based on that ? Can that be a reason for refusal under flr FP even though there isn’t any financial requirement required ? A lot of people are in such situation and afraid that they don’t meet the Flr Fp requirement because of all the benefits their spouse is claiming ???

Based on the OP’s circumstances, as his spouse is claiming JSA, housing benefit, child benefit and child tax credit, would the home office be able to refuse based on that ? Can that be a reason for refusal under flr FP even though there isn’t any financial requirement required ? A lot of people are in such situation and afraid that they don’t meet the Flr Fp requirement because of all the benefits their spouse is claiming ???

Return home and build from there, pay your way and work hard instead of claiming squatters rights and moaning about being harrassed in a country you whose immigration rules you have abused.

I prescribe a course of growsum.

The wife is a settled person and therefore entitled to claim any benefits to which she is entitled.

OP may well have a claim to stay in the United Kingdom under the appropriate rules, it is inappropriate to read very troubling comment on this thread.

Thanks for that input @Obie, God bless all you moderators for your adcice and passion to make sure that people get good advices,just as Obie’s signature says “When you have an opportunity to encourage someone, do it. You never know what a person is going through - that’s true whether they live in a mansion or a mud hut”

Also the of people who come here for advice don’t have anywhere else to go that’s why they come here to seek advice; some bcos they have exhausted all finances bcos of long battle with HO. And this forum is a place of comfort to many people who are already stress by their immigration issues, when they come here to share their problems, they feel relieved bcos many people who are physically around them are not in Their shoes so they can’t really know what they are going through, but this forum is that place where they share their experiences with people who are going through the same as them immigration-wise. They don’t need anyone to compound more misery on them by writing negative comments.

Back to the topic..... I have a friend whose spouse is British and has a British child but the spouse take all these benefits so he was looking to apply under the flr FP but he didn’t know if all the benefits his spouse is taking can cause the HO to refuse on the basis that the wife is a burden on the taxpayers or refused under the pubilc interest law bcos she’s taking all these benefits.

Thank you all for your time and advise.

The Home Office has refused my application for lack of evidence. They said a Marriage Certificate, Birth Certificate and some photographs are not enough to prove that my relationship with my wife and child is genuine and subsisting. They also advised me to go back to my home country with my wife and child.

My solicitor found so many error of law in the refusal.
So we are going to Appeal against the decision within 14 days. I will let you know what happens next.

I am so sorry about your refusal. Praying for to have a successful apeal. Pls can you state your timeline , when did you submit section 120, how long did entire process take?

Claim Made: 11 November 2016.
Refused: 05 December 2017.

Shopon wrote: ↑

Sun Nov 05, 2017 5:21 pm

My wife receiving housing benefit, Council tax reduction, Child benefit and income base JSA. She also applied for Child tax credit recently. She is not able to work full time because of baby.

How can she claim Job Seekers Allowance and be unable to work at the same time?

ILR she turned out to be an asset to the country eh.

Invisible2 wrote: ↑

Sun Dec 17, 2017 8:48 pm

Shopon wrote: ↑

Sun Nov 05, 2017 5:21 pm

My wife receiving housing benefit, Council tax reduction, Child benefit and income base JSA. She also applied for Child tax credit recently. She is not able to work full time because of baby.

How can she claim Job Seekers Allowance and be unable to work at the same time?

ILR she turned out to be an asset to the country eh.

Hi Invinsible2. I didn't say she can't work. I said she can't work full time. JSA will stop as soon as she gets a part time job.

Hi do you have any update.

Dear all I got my visa

faster wrote: ↑

Sat Oct 13, 2018 7:37 pm

Hi do you have any update.

My court hearing was on 29/08/2018
My appeal was allowed by the Honorable Judge First Tier Tribunal on 28/09/2018.
The home office had 14 days to challenge the decision but they did not.
They sent me a letter for Bio metric Enrollment on 22/10/2018
I got my BRP on 29/10/2018

Thanks to all who helped me with suggestions.

Very pleased for you. Knew you will be fine in the end.

Shopon just goes to show, it is indeed in the hands of the All Mighty. Nothing is impossible, if it's meant for us.