Urgent help pls!!!

Hi everyone ,

I made an application in march 2010 under article 8 of ECHR.(my husband and daughter are both british) and today I received a letter stating that I have been refused a visa and that there is no right to appeal against the decision.

I can't go baack to my country as my brothers don't approve of my marriage with a non muslim man , so I have no where to stay and I can't go there and live at my own expensive because I don't have money and my husband is a full time student and part time working.

Can you please tell me if there is any other way? if I can take my case to court? if so , how can I do it?

Please I need your help.

Thx

Why not apply for spouse visa?

katkouta wrote:Hi everyone ,

I made an application in march 2010 under article 8 of ECHR.(my husband and daughter are both british) and today I received a letter stating that I have been refused a visa and that there is no right to appeal against the decision.

I can't go baack to my country as my brothers don't approve of my marriage with a non muslim man , so I have no where to stay and I can't go there and live at my own expensive because I don't have money and my husband is a full time student and part time working.

Can you please tell me if there is any other way? if I can take my case to court? if so , how can I do it?


Please I need your help.

Thx

Did you apply on your own or use a representative?

Wanderer wrote:Why not apply for spouse visa?

She was probably an overstayer, and thats why applied for DL. She hasnt been given right to appeal, pointer that she didnt have leave to remain when she made the application.

OP's immigration history.


regards

It's easy then, return home, apply for spouse visa.

A telling example to all those who think that an application under Article 8 will solve all their problems after circumventing Home Office rules by overstaying.
Under the new Conservative/Liberal I expect that the rules will be enforced most rigourously which will leave many illegal immigrants very unhappy

mochyn wrote:A telling example to all those who think that an application under Article 8 will solve all their problems after circumventing Home Office rules by overstaying.
Under the new Conservative/Liberal I expect that the rules will be enforced most rigourously which will leave many illegal immigrants very unhappy

While article 8 is not an automatic licence to stay in the UK, its helping a lot of people to solve their problem quickly or otherwise and I dont think its the end of the road for the OP.

I am a supporter of out of country applications but a clear and proper assessment of individual cases, before boarding/jumping on the flight home is very essential. http://www.immigrationboards.com/viewtopic.php?t=57688

Many people are still out there, struggling to return in 2 years and a lot of people are coming back within 8 weeks, It all depends on individual cases mate.

Some would rather stay here, risk no separation from their families and fight article 8 for 2 years than spend that long period out there when they are refused on 320(11)

If there's no reason to worry about 320(11), out of the country application is the way out, its quicker, easier and takes you back to jumping on the que for entry clearance like everyone else innit?

Seems like OP's application was badly prepared. There wont be a right of appeal. All she can do is, put down everything in writing. Write down her whole immigration history and how things turned out for her.
Basically write everything as if she is making a fresh application, even if she is repeating the info alreay given in the DL application. Send this to HO, and ask them to reconsider and grant her DL.

mrlookforward wrote:Seems like OP's application was badly prepared. There wont be a right of appeal. All she can do is, put down everything in writing. Write down her whole immigration history and how things turned out for her.
Basically write everything as if she is making a fresh application, even if she is repeating the info alreay given in the DL application. Send this to HO, and ask them to reconsider and grant her DL.

I agree with you. She also need a solicitor to argue and present her case properly, use relevant judgements to back her up. The refusal is not regarded as an immigration decision in a case like this, she would've been entitled to an appeal unless the HO issue intention to remove her.

We dont know what nationality is the OP?

I am moroccan.

I have someone that represents me , I am going to see him tomorow to see if we can do something.
Is there anyway I can go to court?

katkouta wrote:I am moroccan.

I have someone that represents me , I am going to see him tomorow to see if we can do something.
Is there anyway I can go to court?

Talk to your solicitor and weigh all the options

I have spoken to my solicitor today , he said that I should do an application to the high court to get a right to appeal against their decision.
he said they should have normaly gave me the right to appeal under article 8 of ECHR which they didn't.
If the judge grant me the right of appeal , than I will appeal against their decision and take it from there.