Judicial review rejected now want to do a fresh application

Hi I am new here, need some advice from you. Last year I applied as a partner of a British citizen but I am overstayer, and we’ve done our religious marriage but we couldn’t do the English registration yet, I was going to sign but last day I went there and the gave me the refusal later and detained me for 16 days then I got bail through an injunction later from upper tribunal and a judicial review was lodged and finally they reviewed and rejected, now my question is am I allowed to make a fresh application? And very soon my next date of signing is coming, can they detain me again? Please help me, I would be to great full to you. Thanks

I would expect that if your visa has expired and your appeal lost, then may they will detain you since they will deport you. What visa would you apply for?

THO wrote: ↑

Thu Aug 22, 2019 10:02 am

I would expect that if your visa has expired and your appeal lost, then may they will detain you since they will deport you. What visa would you apply for?

All ready my visa has been expired, I came here as student, it has expired in 2012, then last year I have started to live with my partner and applied for family/private life visa category but they refused me and detained, then a judicial review was lodged and rejected, and now I’m gonna make fresh application cause before we couldn’t register our wedding, this time we will, and I have to go to becket house for reporting weekly, now I am afraid will they detain me again? Thanks for your kind reply tho

Did you do an islamic ceremony in the UK to marry?? If yes, then you would not be considered married as your marriage won't be recognised.

How long have you been in the UK?

What is your UK immigration history and visas held?

How long have you been in a relationship with and known your partner?

It’s been 8 years I am in uk, we’ve done Islamic one, very soon we’ll register, we living together more than one year, we are in relationship more than 2 years. I came here as a student 8 years ago with two years visa, and when the visa expired I became overstayer. Thanks for your reply. But that’s not what you said I am looking for. We applied for private life/family(10 years root) but after 7-8 months ho refused me and detained me in tinsley house Gatwick airport for 16 days, gave my flight ticket for removal. Then my solicitor lodged a judicial review to get injunction to stop my flight and bail. Then I got bail. After the review they rejected me. And now my solicitor is making a fresh application on the basis of ho gave us permission to get married and we’ve booked in the council for wedding registration, we’ve got this paper and documents so my question was still I am going to report in becket house, is there any possibility to be detained again? And how is the chance to get a leave for the fresh application? Thanks

So, for 6 out of the 8 years in the UK, how did you support yourself? Presumably you worked without paying tax or NI, since to pay tax you would have had to have had an NI number, and this is not obtainable unless you are permitted to work. So you cheated tax as well, unless you had a ton of savings.
Also, you are not legally married, so according to the UK law, as far as I can see, you have no legal right to be here and should be deported. People who over stay and then fight the system, make applications from genuine people much harder to get. You have broken the law, simple as that. Leave voluntarily and then get a legal marriage and then apply for a spouse visa.

THO wrote: ↑

Fri Aug 23, 2019 9:13 am

So, for 6 out of the 8 years in the UK, how did you support yourself? Presumably you worked without paying tax or NI, since to pay tax you would have had to have had an NI number, and this is not obtainable unless you are permitted to work. So you cheated tax as well, unless you had a ton of savings.
Also, you are not legally married, so according to the UK law, as far as I can see, you have no legal right to be here and should be deported. People who over stay and then fight the system, make applications from genuine people much harder to get. You have broken the law, simple as that. Leave voluntarily and then get a legal marriage and then apply for a spouse visa.

Well said!

Thanks for your reply but to be honest you are too rude. How did you say that I was cheating text? Did you ask me how I survived or who supported me? Even what was my condition to become an overstayer? What so ever the way you approach to people it’s shocking. Unless you know or see you can’t blame anyone just guessing, can you? Don’t need your help went to solicitor he’s done everything

Cheating tax*

Pilu wrote: ↑

Thu Aug 22, 2019 7:56 pm

is there any possibility to be detained again? And how is the chance to get a leave for the fresh application?

It's possible to be detained, yes. Although I don't think anyone can give you an accurate percentage of the likelihood of being detained.

Pilu wrote: ↑

Fri Aug 23, 2019 3:25 pm

Even what was my condition to become an overstayer?

I don't judge you, but the truth is that UK has really strict rules and part of the reason is to keep people out of the country when they don't follow the rules. At least, that's what I've learned from my own visa experience: when I didn't follow the rules exactly as Home Office stated (whatever the reason was), my visa was rejected. It is what it is. If you are an overstayer, don't expect your visas will be granted no matter how many judicial reviews or appeals you submit if you want to remain in the UK no matter what. However, there have been successful cases when overstayers have been granted with visas when they have followed the rules (e.g, applying for the appropriate visa with all the conditions or returning to their home country). In conclusion, in most of the cases, it's about doing what HO wants you to do to have a visa, whether we consider it fair or not due to our circumstances or wishes.

Pilu wrote: ↑

Fri Aug 23, 2019 3:25 pm

Don’t need your help went to solicitor he’s done everything

I hope everything goes well this time.

Hello

The islamic nikkah or fatiha is not recognized in the UK.

This means that for immigration purposes, you are not married at this point in time.

Even if you get married, it doesn't automatically grant you a residence. There are conditions.

- Does your partner/future wife work?
- How much does she earn?
- What country are you from?
- Can you go both to that country to live?

Some might have expressed it a bit strongly but in the UK, there is really little point fighting with the Home Office when you are not following the rules. Even within the rules, the journey is never easy.

They may or may not detain you at any time. No one can offer guarantees about that.

THO wrote: ↑

Fri Aug 23, 2019 9:13 am

you would have had to have had an NI number, and this is not obtainable unless you are permitted to work.

OP came as student who usually are allowed 10/20 hours of work per week during studies or fulltime during vacations. Therefore, tier 4 students are allowed to apply & get NI number.

THO wrote: ↑

Fri Aug 23, 2019 9:13 am

you have no legal right to be here and should be deported.

Sounds so rude & harsh and one should never have such hope/wish for anyone.

Thanks seagul, jaune, zerubabel

By simply being married to a British citizen whilst an over stayed does not conform to rules in immigration terms.

Are there any obstacles in your and your partner's life that would mean hardship if you were to leave and seek a spousal visa? Do you have children or anything?

By making a fresh application what difference will it have with the other one? You'll end up spending thousands and waiting years when you can voluntarily go back and seek entry clearance. This would be the right thing to do to be honest. It saves so much heart ache.

Seagul, if the HO were to grant visas to anyone who overstayed, then it would not be right or fair to the rest of us who are doing things legally. It would send out the wrong message, come, overstay for long enough and get given a visa.

I have no sympathy for someone who overstays, it is not rude nor harsh to point out the obvious flaw in this man's position. Think of all the people who wanted to come to the UK and who would have returned home at the end of their visit, in accordance with the rules, were not granted their visa? All the money they wasted applying with no hope, all the time spent putting together documents and the hope of visisting the UK.

All those students who could not get the wish to study in the UK, all those who wanted to visit their family and friends, who were not allowed, all because a number of people decide not to return. These are the people this board should help and have sympathy for, and not the law breakers.

As for an NI number, he could not have had one. His visa expired, and so did his right to work in the UK. So, he has not said who paid his upkeep while he has been here.

Just becasue he is here now, does not mean he should have the right to stay. Best option, is to do what others have said (not just me) do what the HO wants. However, maybe he would not qualify on the other criteria, such as income/ savings.