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PR rejected, should I appeal?
Posted: Sat Apr 03, 2010 10:51 pm
by maria_zhang
Hi everyone,
My PR has just got rejected and they give me 10 working todays for appeal, but I am not sure if I should or how to appeal, please please help to advise me here!
me and my ex were divorced and he is not willing to help me at all. And the refusal reason is mainly that I couldn't submit offical evidence of my ex exercising his treaty rights which his work proof. Is is impossible to get as the place he is working at is his friend's restaurant. I have explained this to HO but obv it's not acceptable.
Now I am remarried to a british citizen and we have a 12 weeks old baby as well, should I inform UK Border Agency about this? They gave me 10 days to appeal or I have to leave the UK.
I am very confused and worried, would be really grateful if anyone could help!!
Many thanks in advance
Posted: Sun Apr 04, 2010 12:05 am
by Brown212
Go for the appeal, you have a good case on article 8.
Posted: Sun Apr 04, 2010 1:22 am
by maria_zhang
Brown212 wrote:Go for the appeal, you have a good case on article 8.
. Could u advice more pls? One of my friend told me I should try to restart a fresh application as British partner, what do u think? Many thanks
Posted: Sun Apr 04, 2010 2:41 am
by mochyn
You have no chance of an appeal under article 8 as your relationship with your original sponsor is now finished.
You now need to make a new application for a spousal visa
Posted: Sun Apr 04, 2010 5:21 am
by maria_zhang
mochyn wrote:You have no chance of an appeal under article 8 as your relationship with your original sponsor is now finished.
You now need to make a new application for a spousal visa
To do this, do I have to return to my own country first or I can apply in the UK? Thanks.
Posted: Sun Apr 04, 2010 9:11 am
by thsths
maria_zhang wrote:To do this, do I have to return to my own country first or I can apply in the UK? Thanks.
Tough call. For EU applications it is usually better to stay in the UK, but for applications under UK law you often have to go to your home country. You can ask them to accept an in country application claiming that going home is not feasibly with the baby, but it is not certain that will work.
So I think an in country application for a spouse visa seems viable, but you may be want to get legal advice to make sure.
Posted: Sun Apr 04, 2010 4:12 pm
by maria_zhang
thsths wrote:maria_zhang wrote:To do this, do I have to return to my own country first or I can apply in the UK? Thanks.
Tough call. For EU applications it is usually better to stay in the UK, but for applications under UK law you often have to go to your home country. You can ask them to accept an in country application claiming that going home is not feasibly with the baby, but it is not certain that will work.
So I think an in country application for a spouse visa seems viable, but you may be want to get legal advice to make sure.
. So basically I can just forget about the old application of PR and start a new fresh application for spouse visa? Is it right?
Re: PR rejected, should I appeal?
Posted: Mon Apr 05, 2010 12:27 pm
by Ben
maria_zhang wrote:Is is impossible to get as the place he is working at is his friend's restaurant.
Is he working lawfully in the UK? If not, he himself may not be lawfully resident in the UK.
What is your ex's nationality?
Re: PR rejected, should I appeal?
Posted: Mon Apr 05, 2010 2:01 pm
by maria_zhang
Ben wrote:maria_zhang wrote:Is is impossible to get as the place he is working at is his friend's restaurant.
Is he working lawfully in the UK? If not, he himself may not be lawfully resident in the UK.
What is your ex's nationality?
He is working lawfully in the UK but I just can't get it approved. He is Dutch.
Re: PR rejected, should I appeal?
Posted: Mon Apr 05, 2010 2:27 pm
by Ben
maria_zhang wrote:Ben wrote:maria_zhang wrote:Is is impossible to get as the place he is working at is his friend's restaurant.
Is he working lawfully in the UK? If not, he himself may not be lawfully resident in the UK.
What is your ex's nationality?
He is working lawfully in the UK but I just can't get it approved. He is Dutch.
Ok, well then what significance is it that his place of work is his friend's restaurant?
Re: PR rejected, should I appeal?
Posted: Mon Apr 05, 2010 2:48 pm
by maria_zhang
Ben wrote:maria_zhang wrote:Ben wrote:maria_zhang wrote:Is is impossible to get as the place he is working at is his friend's restaurant.
Is he working lawfully in the UK? If not, he himself may not be lawfully resident in the UK.
What is your ex's nationality?
He is working lawfully in the UK but I just can't get it approved. He is Dutch.
Ok, well then what significance is it that his place of work is his friend's restaurant?
. Yes they all hate me apparently. Wouldn't help me on anything.