Flr fp didn’t approve with right of appeal

[Midomido56040]

Hello I applied for flr fp on basis of family life with British partner.(no child).

HO Decision is Refused with right of appeal at first tier tribunal.

Background of my case:
Been together for more than 1 year and 6 months. We married living with her family.im overstayer.
We mentioned that I cannot go back to my country cus of she cannot speak my country language. She is looking after her dad that he has a health issue. And for me If go back to my country i will do military service for 2 years. And in this two years I cannot leave the country and my wife she will be alone in the country cus i will be away from her to do my military service and i can see her just once every 4 months.

My question is anyone has same case like this before? And do we have a chance to win the appeal in court? And what best solution for my case i have to do ?

Thanks in advance

[CR001]

What visa did you have to enter the UK?

How long have you been in the UK?

What are the exact reasons for the refusal?

[Midomido56040]

What visa did you have to enter the UK?
Visit visa.

How long have you been in the UK?
Been in uk for 4 years.

What are the exact reasons for the refusal?
They did not see any obstacles as to why me and my wife could not live in my country.
As I am 25 years old they said I have spent my formative years in my own country and can live life as normal and my wife can move with me.
But they do accept that our relationship is genuine.

Thanks.

[Midomido56040]

Any answers please :/

[Midomido56040]

I will appreciate if any of admins can help

Thanks

[Midomido56040]

Dear Moderators

Please any respond .i have just a deadline 14 days to appeal !!

[Midomido56040]

any advice

[Midomido56040]

Any answer experts

[Midomido56040]

Any answer experts ?

[Midomido56040]

Even if the experts doesn’t know please let me know so i can go for paid consultation..thanks

[CR001]

Trying to avoid military service is not enough grounds to try get legal stay in the UK.

How long have you known your spouse and how long have you been married?

[Midomido56040]

First of all thanks alot for your answer.

Our relationship started sine more than 2 years.we started to live with each other since a year. We got married since 7 months.

If she will go with me to my country that’s mean she will be alone there for 2 years till i finish my military service. This not enough for the judge at all ??? As well she doesn’t speak my language at all . And all her family and her aunties here.Do you think that’s not enough. .. so please could you tell me what’s enough for them? ..and what can make our case strong.
Thanks in advance.

[CR001]

How did you get married?

Did you marry after giving notice at an HO approved Registry office or did you have an Islamic ceremony?

[Midomido56040]

First we done the islamic marriage and then we got married at the registry office. We done both

[Grenze]

Hello I applied for flr fp on basis of family life with British partner.(no child).

HO Decision is Refused with right of appeal at first tier tribunal.

Background of my case:
Been together for more than 1 year and 6 months. We married living with her family.im overstayer.
We mentioned that I cannot go back to my country cus of she cannot speak my country language. She is looking after her dad that he has a health issue. And for me If go back to my country i will do military service for 2 years. And in this two years I cannot leave the country and my wife she will be alone in the country cus i will be away from her to do my military service and i can see her just once every 4 months.

My question is anyone has same case like this before? And do we have a chance to win the appeal in court? And what best solution for my case i have to do ?

Thanks in advance

What country are you originally from?

[Midomido56040]

Egypt.

[Midomido56040]

Any response

[Obie]

In some country, avoiding conscription or the consequences of avoiding conscription which in some case is a fine or prison sentence or forced conscription can be considered as insurmountable obstacle, making a requirement to apply from oversea unbearable. In those circumstances, the government cannot reasonably submit in court that the person will be reunited with their partner within a short period of time if they were required to apply from overseas. No can they say family life can be formed in the 3rd country when the other individual is in jail. That will amount to perversity.

[seagul]

You should try to find out as there maybe some grounds of getting exemption from it. Grounds vary from country to country and some countries give exemption based on marital status/30+ age/health/studying/religion etc.

[Midomido56040]

does any one has same case like me ? Like apply for flr fp without child and successed ? Cus alot pf people saying without child there is no chance ?

[bathanza]

does any one has same case like me ? Like apply for flr fp without child and successed ? Cus alot pf people saying without child there is no chance ?

My husband didn't have a case like yours but have got approval for FLR FP last year as we provided evidence and reasons as to WHY it would be difficult for us as a couple if he had to return to gain entry clearance as a spouse. We didn't have a child then.

Please read advice from Obie above, he's given you good reasons and ideas IF it is relevant to you.

[Midomido56040]

does any one has same case like me ? Like apply for flr fp without child and successed ? Cus alot pf people saying without child there is no chance ?

My husband didn't have a case like yours but have got approval for FLR FP last year as we provided evidence and reasons as to WHY it would be difficult for us as a couple if he had to return to gain entry clearance as a spouse. We didn't have a child then.

Please read advice from Obie above, he's given you good reasons and ideas IF it is relevant to you.

Thank you for your response. Did you get the approval from the HO or from the court? And what was your reasons if it possible to say it ? Thanks in advance

[Midomido56040]

In some country, avoiding conscription or the consequences of avoiding conscription which in some case is a fine or prison sentence or forced conscription can be considered as insurmountable obstacle, making a requirement to apply from oversea unbearable. In those circumstances, the government cannot reasonably submit in court that the person will be reunited with their partner within a short period of time if they were required to apply from overseas. No can they say family life can be formed in the 3rd country when the other individual is in jail. That will amount to perversity.

Thanks for your response. So Do you think this reason will be enough in court to convince the Judge? And Do you have any experience or see some one like my case and get approval?
Thanks in advance

[Midomido56040]

I will appreciate if someone can help..
my flr fp refused in march 2019.
I lodged appeal a week after.

Does some know how long to get hear from the court? ..how long did i have to wait for the court date after i sent the appeal?
Thanks in adva

[Casa]

I will appreciate if someone can help..
my flr fp refused in march 2019.
I lodged appeal a week after.

Does some know how long to get hear from the court? ..how long did i have to wait for the court date after i sent the appeal?
Thanks in adva

You should be prepared to wait up to 12 months for a Court hearing date.