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by jei2
Wed Mar 05, 2008 5:05 pm
Forum: Immigration for family members
Topic: Question about Spouse Visa Appeal please help
Replies: 10
Views: 2831

It's a review of the original application but it doesn't hurt for you to further outline the points re the assessment of your income making the refusal decision potentially flawed. Don't rely too much on the MP's input; they have their own caseworkers and its probably one of them who is correspondin...
by jei2
Wed Mar 05, 2008 3:36 pm
Forum: Immigration for family members
Topic: 7 Years policy is valid or not?
Replies: 2
Views: 1054

Hi Hamid, It sounds like your representative(?) was advising you to apply under DP/069/99, better known as the Home Office's 7 year policy. The Home Office usually makes an assessment under this policy when considering removal of families with children (those family members under 18). Not sure what ...
by jei2
Wed Mar 05, 2008 2:36 pm
Forum: Immigration for family members
Topic: Question about Spouse Visa Appeal please help
Replies: 10
Views: 2831

Hmm.. as I was musing earlier about personal bias... Claire, if you are confident that your evidence was submitted and you fulfilled the criteria of para 281 of the Immigration Rules, you might want to hold on for the appeal. Simply because of the possibility that some diplomatic posts might start t...
by jei2
Tue Mar 04, 2008 6:57 pm
Forum: Immigration for family members
Topic: Question about Spouse Visa Appeal please help
Replies: 10
Views: 2831

Claire, To clarify, did you submit documentary evidence of living together and of your income at the time of the application ? If so you could simply try requesting a review of the case from the Entry Clearance Manager in Lebanon, using your husband's medical circumstances as an additional factor. I...
by jei2
Tue Mar 04, 2008 11:23 am
Forum: General UK Immigration forum
Topic: 14 year concession - What are our chances? Please Help!!!
Replies: 30
Views: 10322

Bhaju, having picked through your post again, I'm kind of in Jeff's camp on your next possible course of action. Three words also come to mind. Deed. Poll. Afterwards. Do you know what your mother said when she was detained and presumably interviewed in 1997? She could always try requesting her file...
by jei2
Mon Mar 03, 2008 3:31 pm
Forum: General UK Immigration forum
Topic: Abandoned by husband...
Replies: 24
Views: 4740

But if this is the case wouldn't Elisabeth have been able to re-enter the UK in her own right in October 2005 ?

Given that she hadn't even been outside the UK a year... ?
by jei2
Mon Mar 03, 2008 2:10 pm
Forum: General UK Immigration forum
Topic: 14 year concession - What are our chances? Please Help!!!
Replies: 30
Views: 10322

Two concerns (out of many) 1. Won't the Home Office refuse because of the deception in using forged documents (effective from the 29 February)? I know it specifies HSMP but some caseworkers might have a hey-ho approach to applying this before April. Or am I rambling..? 2. Bhaju, the Home Office migh...
by jei2
Mon Mar 03, 2008 1:34 pm
Forum: General UK Immigration forum
Topic: Abandoned by husband...
Replies: 24
Views: 4740

Elisabeth In summary your situation seems to read as follows: Overstayer meeting the 14 year rule/concession. Left the UK voluntarily and returned successfully on a spouse visa Left the UK for compelling reasons which unfortunately contributed to your marriage breaking down Potential work permit/ em...
by jei2
Mon Mar 03, 2008 12:59 pm
Forum: Immigration for family members
Topic: Question about Spouse Visa Appeal please help
Replies: 10
Views: 2831

ClaireM.

I'm sorry to hear about your situation. It must be very stressful for both of you.

What reasons did the Entry Clearance Officer give for refusing your husband leave to enter?

What were your grounds for appeal?
by jei2
Mon Mar 03, 2008 12:30 pm
Forum: Immigration for family members
Topic: unmarried partners one without legal stay
Replies: 8
Views: 1919

Chibage Basically, how long is a piece of string? If an application falls outside of the immigration rules eg a concession such as the 7 year rule for children, it's very likely to go to the back of the processing queue. Sorry I can't give anything more specific than this. Maybe someone else has a c...
by jei2
Mon Mar 03, 2008 10:19 am
Forum: Immigration for family members
Topic: unmarried partners one without legal stay
Replies: 8
Views: 1919

JAJ

Oops! - you're quite right. I jumped the gun in assuming that all the children were born before 1 July 2006.

Nevertheless as you say the conclusion certainly makes for better chances than the increasingly difficult 7 year concession.
by jei2
Fri Feb 29, 2008 7:15 pm
Forum: Immigration for family members
Topic: unmarried partners one without legal stay
Replies: 8
Views: 1919

Becca The 7 year policy only applies where the child itself does not have leave to remain - note also it is not an automatic right which would guarantee your partner leave to remain. However as you and your partner are not married, your children take your immigration status. They should therefore al...
by jei2
Mon Feb 25, 2008 3:10 pm
Forum: Immigration for family members
Topic: Overstayer, illegant immigrant be aware of the new law..
Replies: 19
Views: 7345

overstayers and new rules

So in theory - and no doubt practice - a 16 year old who's been refused in line with a parent's application might also be excluded until (worse case scenario) 26?

Thoughts anyone?
by jei2
Sat Feb 16, 2008 7:17 pm
Forum: General UK Immigration forum
Topic: 14 yrs Long residence Application !!
Replies: 4
Views: 1450

Best to wait until the 14 years are fully up. Don't forget that any previous refusals which list a liability to removal stops the clock for ever. Unless of course 14 years had already been reached at the time that the notice was served. In such cases it might be better to apply for discretionary lea...
by jei2
Sat Feb 16, 2008 7:10 pm
Forum: General UK Immigration forum
Topic: 14 year long residence
Replies: 3
Views: 1589

Don't forget that any refusal which carries a liability to removal will stop the clock on an applicant's time.

This means that unless they have stayed 14 years before service of any such notice they will never be able to meet the residence rules for being granted settlement.
by jei2
Sat Feb 16, 2008 4:29 pm
Forum: Immigration for family members
Topic: Help Please Overstayed with kids born in the uk
Replies: 19
Views: 7083

Hi egw, Don't panic. You have a strong case on the face of it. At this point your main problem appears to be finance. Concentrate first on compiling your documentary evidence. If you decide to apply from the US, check the waiting times for entry clearance appointments in the relevant UK post back ho...
by jei2
Fri Feb 15, 2008 3:48 pm
Forum: Immigration for family members
Topic: Help Please Overstayed with kids born in the uk
Replies: 19
Views: 7083

Hi egw, Sorry I posted my reply before your second post came up. Sakura is absolutely right. Don't try to lie about your stay -that will make things worse, both now and in the future. Even though you have not made an application here, rest assured that that the Home Office will have a record of the ...
by jei2
Fri Feb 15, 2008 1:01 pm
Forum: Immigration for family members
Topic: Help Please Overstayed with kids born in the uk
Replies: 19
Views: 7083

overstayed with kids born in the UK

Hi egw Sorry to hear about your problems. No doubt other contributors will fill in any advice I've omitted but your lawyer should be looking at/advising you as per the following: 1. The amendments relating to treatment of breaches by overstayers won't come into practice before the 1 April 2008. So y...
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