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refused appeal

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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wow8
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refused appeal

Post by wow8 » Wed Jan 01, 2014 3:23 pm

Hello admin and friends, my spouse visa application appeal was refused last December 9, 2013 and the Home Office gave me 1 week to re appeal but my solicitor did not reappeal, she advised me to go back home to my country of origin and reapply again there. How many days am i allowed to stay here suppose to be I have to reapply for an appeal last 27 December 2013. Also, could you please give me an advise what to do I am living with my partner since July 2012, I came here with student visa last 2009 and I met my partner 2010. We just want to be together and to be given the right to be together as a couple. Please help me.

wow8
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Posts: 6
Joined: Wed Jan 01, 2014 2:53 pm

Re: refused appeal

Post by wow8 » Wed Jan 01, 2014 3:24 pm

Could anyone, please help me.

EUsmileWEallsmile
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Re: refused appeal

Post by EUsmileWEallsmile » Wed Jan 01, 2014 5:26 pm

I am moving your post to a place where it is more likely to get attention.

MPH80
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Location: UK

Re: refused appeal

Post by MPH80 » Wed Jan 01, 2014 5:49 pm

Your options are pretty simple:

1) Return home and apply under the rules - but this assumes you get married first (assuming you're not) because you don't have 2 years cohabitation under your belt.

2) Both of you move to an EU country, move your lives there for a period of time (which is currently unspecified - probably 6 months or more), and then return under the EU family permit. Again - you will probably need to marry for this.

3) You all move to your home country under their visa system.

4) Continue living here illegally and hope UKBA don't attempt to deport you

You're already officially an overstayer - but you will have 28 days following the end of the appeal 'grace' to depart.

M.

wow8
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Re: refused appeal

Post by wow8 » Fri Jan 03, 2014 5:33 pm

Thank you MPH80 for the informative advised. My problem is that I have not received my passport yet. I am willing to go back home because I want all to be legal. I am trying to contact my solicitor to ask necessary questions re: where to get my passport, how many days I will be staying here and you already answered this, etc. But unfortunately I was not able to reached her.

wow8
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Joined: Wed Jan 01, 2014 2:53 pm

Re: refused appeal

Post by wow8 » Fri Jan 03, 2014 5:49 pm

Thank you for your help EUsmileWEallsmile. I am just new here, could you please give me an idea where can I read other comments regarding my post. Thank you very again. W.

MPH80
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Location: UK

Re: refused appeal

Post by MPH80 » Fri Jan 03, 2014 6:24 pm


wow8
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Re: refused appeal

Post by wow8 » Sat Jan 04, 2014 12:09 pm

Hi MPH80, you mentioned that I have 28 days grace to stay. Could I still work legally while I am on "grace period"? Thank you again.

w.

Obie
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Re: refused appeal

Post by Obie » Sun Jan 05, 2014 9:33 pm

What is the full circumstances of your case?
Are you married or in an unmarried partners relationship?
if the later, how long has this relationship lasted?
when you made you application, did you have leave to remain that was extant?
Smooth seas do not make skilful sailors

MPH80
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Location: UK

Re: refused appeal

Post by MPH80 » Sun Jan 05, 2014 9:58 pm

Hi Obie - some of that is covered in the OP:
Also, could you please give me an advise what to do I am living with my partner since July 2012, I came here with student visa last 2009 and I met my partner 2010.
So they've known their partner since 2010 - but only been in that relationship akin to marriage for about 18 months (I'm assuming not married given the word 'partner').

But I'll give you the rest of it isn't.

Obie
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Re: refused appeal

Post by Obie » Sun Jan 05, 2014 10:03 pm

Thanks MPH80.

If the relationship has not endured for 2 years then there is a difficulty, especially if there are no children.
Smooth seas do not make skilful sailors

wow8
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Re: refused appeal

Post by wow8 » Sun Jan 05, 2014 10:48 pm

Yes, we are not married, we don't have children and my partner income did not qualify set by the Home Office which is £18,600/yr, but we are both working couple. Could anyone help us please, the possibilty of our relationship be successful. We are already suffering too much of what is happening to us.

Obie
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Location: UK/Ireland
Ireland

Re: refused appeal

Post by Obie » Sun Jan 05, 2014 10:53 pm

Well you are likely to get refusal again if you went overseas as the income threshold has yet to be changed.
Smooth seas do not make skilful sailors

MPH80
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Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: refused appeal

Post by MPH80 » Mon Jan 06, 2014 2:44 am

Exactly as Obie says ... you have few options.

I'd suggest, given the lack of kids and the low income, you should seriously look at the Singh route of moving to somewhere Europe. But you need to be aware that it has (very) recently been made harder such that the UK person who moves needs to make the centre of their life the new country.

M.

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