My application was refused and given 10 days to leave

[itiz]

thanks Obie,

to answer your questions.


no my wife has not secured ILR and she is elusive as she wont tell me her status, in courts she said she was doing her PhD.

My daughter is going to be 6 and does not have an ILR until she is 7.

When You say 10 working days, from what date ? Date or receipt or date or issuance or the refusal ?

I applied to courts to get to see my daughter and got access and have been seeing my daughter since feb this year.

1. How long does it take before the hearing is set ?

2. Do I need a solicitor or barrister ?

thanks

[Obie]

Well it all depends on the region of the UK in which you are based.

I assisted some people with filing notices in July August , and hearing dates are been set for February and March 2015, in London.

I did a notice for Manchester in July and was listed in October. Exactly 3 months.

Birmingham was done in June, and Listed for October.

So the time for London is twice longer than other region of the UK.

Your daughter will not be entitled to ILR when she is 7 years old.


So if you are in London, hearing date will take a lot longer than further North.

If you know the legal position of your case, then you have a much better prospect.

You will have to do the following.

1. File appeal.
2. Request File from Home Office.
3. Prepare for the appeal.

[itiz]

thanks a lot.

I live in yorkshire, but I want to file in london, as I have family there and only moved to yorkshire to go back to uni.

Are you a barrister ? and can you pm me your contact details.

1. Do I need a solicitor or barrister ?
2. Is the 10 day window from the date or the letter or receipt of the letter ?
3. What do you mean by

If you know the legal position of your case, then you have a much better prospect. ???

4. lastly owing to the short 10 day window, can I submit it and then take time out later to consult a legal rep ?

thanks

[Obie]

You are entitled to file in London, provided you have an address in London.

In a way London will benefit you , as it will mean your child will be closer to 7 before there is a hearing.

What exactly is your partners status in the UK, and how long has she lived here.

You are entitled to file and appeal, and consult later.

An appeal has to be filed within 10 working days of receipt of the removal decision.

Getting information of the status of your children in the UK will be most helpful to your case.

[itiz]

Sir,
thanks for your advise, however you didnt answer a few questions.

1. Are you a barrister ? Can you pm details and your prices ?

2. Yes I do have an address in london

3. My x has been here since sept 2005 and I really dont know her status

4. My refusal was on the 5th, I got the letter via recorded delivery today the 23rd. Reason being that I did not see the royalmail missed notice, as I was in london visiting my daughter and only searched for it after the Ombudsman notified me of it.

I called the courts in london and they said the judge might accept but did not confirm if the date was from the date or service or date of receipt



Most importantly, you said am entitled to file and appeal and consult later, so does the information in filling out my form matter at all ?

thanks

[itiz]

Owing to the fact that I have a few days to submit this, and I just read through the forms.

1. Do i leave blank my reasons and strong arguments and state I will send them later, owing to the short notice ?

2. I dont have a representative now, so do i leave this blank or say what ?

3. What others can I expect ?

thanks

[Obie]

Regarding your first question, i have sent you a PM.

To fight your case effectively, you will need your file from the Home Office.

The Court will need to know whether or not your child's mother has leave to remain in the UK.

If she does, and there is a Court order permitting access or contact order her, then there will be a strong case.

[itiz]

thanks a lot for your reply.

However my greatest amazement is that, it is possible for the HO to do as they please, and treat people unfairly and get away with it.

So if for some reason, my x chooses to relocate and leave the country or did not renew her stay, then my last 6/7 years of waiting and unfair treatment was justified ???

Thanks and will check and reply the pm.

thank you

[itiz]

Hello guys
Can you please advise what my strong arguments will be ??? As am trying to further educate myself

I also noticed the HO claimed in

1. 2012 in their 1st refusal letter, claiming I had been illegal in the country since 2008. Which subsequently led to the serving of the removal notice and weekly reporting, which they admitted VERBALLY alone, it was in error, but never withdrew it

2. In the 2013 ombudsman report, the claimed
- my marriage broken down ( which was false )
- my estranged wife had the right to withdraw my application
- I had no right of appeal

After proving this as false, ....

3. In their final response, they said

- I now have a right of appeal
- I personally withdrew my application in 2010 and since I never left the country in 2008, 2 years after my passport was returned, hence all applications are outside the immigration rules

[peppekalle]

I suggest get legal representation if you can.They will do everything for you from preparing the bundles and even talking on your behalf in court.

[Obie]

I believe there are many issues in this case.

If it is true that the OP has an outstanding case for variation of his leave which was not decided and the secretary of state issue a section 47 decision, then that will unlawful, so before anything else will be done, a Judge will simply allow the appeal as not been in accordance with the law following Ahmadis.

The tribunal will have no difficulty in finding that the decision is not in accordance with the law, if the Secretary of State took the approach i think she may have taken.

Only after that will the issue of the OP's private and family life be decided.

[itiz]

Hello guys,
my daugther is going to be 7 this year and I was reading through the 7 years continous residency merits program.

My question is the two clauses attached to it.

The first is that the parent must demonstrate that there is a ‘genuine’ and ‘subsisting’ parental relationship between themselves and the child. The second condition is that it must not be reasonable to expect the child to leave the UK.

I have a court order dated 2013, saying my x wife should make my daughter available, as she stated, that I was an excellent father to our child and our child was closer to dad ( thats me )

1. So what is expected from the HO, on the second condition - "it is in the best interest of the child to remain in the UK ? "

2. Upon successful, what is granted ? ILR for me and my child ? or what ?

I also believe if its an ILR, then I can apply for a UK passport after the first year or two ?

kindly advise
itiz

[Zee ali]

Hello guys,
my daugther is going to be 7 this year and I was reading through the 7 years continous residency merits program.

My question is the two clauses attached to it.

The first is that the parent must demonstrate that there is a ‘genuine’ and ‘subsisting’ parental relationship between themselves and the child. The second condition is that it must not be reasonable to expect the child to leave the UK.

I have a court order dated 2013, saying my x wife should make my daughter available, as she stated, that I was an excellent father to our child and our child was closer to dad ( thats me )

1. So what is expected from the HO, on the second condition - "it is in the best interest of the child to remain in the UK ? "

2. Upon successful, what is granted ? ILR for me and my child ? or what ?

I also believe if its an ILR, then I can apply for a UK passport after the first year or two ?

kindly advise
itiz

Better to come out from day dreaming

If 7 years child route successful (A BIG IF)

Than u will get 2.5 years visa (10 years route to ILR).

[itiz]

Better to come out from day dreaming

If 7 years child route successful (A BIG IF)

Than u will get 2.5 years visa (10 years route to ILR).

My estranged wife is 10 years in the country, hence I believe entitled to ILR about 3 months before my daughter turns 7, and I would be going on 9years

What do u mean by A BIG IF ???? What are the hiccups ?

Thanks for your reply

[Deewani]

Well....it depends...what ur status was during the past 10 years....continuous lawful stay without any break for 10 years.
7 years child residency doesnt or will not lead to grant of ILR. And yes....u would be lucky to get 2.5 years as now h.o is refusing majority of the cases and so r the courts....defore u shud stop thinking abt ILR on dis route.

However if ur wife gets ILR and ur child was born in uk.... Den she can apply for british pasport for d child....but for u, it will at least b a decade to get br. Psprt

[itiz]

Well....it depends...what ur status was during the past 10 years....continuous lawful stay without any break for 10 years.
7 years child residency doesnt or will not lead to grant of ILR. And yes....u would be lucky to get 2.5 years as now h.o is refusing majority of the cases and so r the courts....defore u shud stop thinking abt ILR on dis route.

However if ur wife gets ILR and ur child was born in uk.... Den she can apply for british pasport for d child....but for u, it will at least b a decade to get br. Psprt

When you say a decade, does that mean after 10 years of my stay here ? Or a decade after my child gets her passport ?

My status is very complicated, I came into the UK with my estranged wife who had finished her msc, we both applied for a work permit TIER 1 visa, and was delayed for 2 years, after which the caseworker called to ask if we had an extra bank statement showing £533. Of which I had and requested it.

While I was away job hunting ( as the HO advised us to go job hunting, but never approved our right to work in 2 years ), the caseworker called again and said its best my estranged wife removes my application, and he will approves hers and when I get back, I should resend my passport. ( He assured her this was in our joint interest ) This was the last we heard from him.

My passport was returned without any notices and my estranged wife was given a workpermit. All efforts to contact the HO failed, hence our marriage broke up. There is no trust and though we are cordial, for the sake of our daughter and I support her financially, there is virtually no communication and I dont know her status.

I have a tribunal hearing coming up next month, as my FLR(O) was rejected, citing I am illegal and the HO changed their story 4 times, passing the blame ( from labeling me an overstayer to blaming my wife and now me )

[itiz]

By the way, I reported the incident to the ombudsman and completed their complaints process with the HO.

Initially the HO claimed I had been living in the UK illegally since 2008 and insisted I leave within 28 days

however at the end, when I did show evidence, I did have an application that was terminated by a caseworker, they changed their story and passed the blame on my ex wife, and when I showed it was false, they refused to reply, the 3 deadlines set by the ombudsman.

Upon the case being passed to an ombudsman investigator, they changed their story, giving me a right of appeal and passed it to the courts, now citing it was me ( and not my ex wife ) who terminated my application, hence am illegal

[Zee ali]

By the way, I reported the incident to the ombudsman and completed their complaints process with the HO.

Initially the HO claimed I had been living in the UK illegally since 2008 and insisted I leave within 28 days

however at the end, when I did show evidence, I did have an application that was terminated by a caseworker, they changed their story and passed the blame on my ex wife, and when I showed it was false, they refused to reply, the 3 deadlines set by the ombudsman.

Upon the case being passed to an ombudsman investigator, they changed their story, giving me a right of appeal and passed it to the courts, now citing it was me ( and not my ex wife ) who terminated my application, hence am illegal

Itiz best advise for u is to go for hearing and fight your case on the basis of your child . As i said before your ILR is out of question. Your daughter is not 7 years old at the moment. U would be very lucky if u get 2.5 years visa because of your child who is not 7 years old yet. Even if she is 7 years very hard to get the visa on that base.

you r without visa since 2010. so 10 YEARS legal stay is also out of question.

[itiz]

My Reason for seeking advise in these forums is because the last solicitor misled me. And every legal rep I talk to, tells me the same old thing. That I have a good case which they can win

Although I did send an application after the 2010 incidence which was rejected, hence the appeal via the ombudsman

My question now is

1. I find myself in my situation caused by a HO caseworker

So are u saying I bear the brunt of his actions ?

2. Your advise on my daughter is what am taking on board

Thanks

[Zee ali]

My Reason for seeking advise in these forums is because the last solicitor misled me. And every legal rep I talk to, tells me the same old thing. That I have a good case which they can win

Although I did send an application after the 2010 incidence which was rejected, hence the appeal via the ombudsman

My question now is

1. I find myself in my situation caused by a HO caseworker

So are u saying I bear the brunt of his actions ?

2. Your advise on my daughter is what am taking on board

Thanks

U r in this situation because of your relationship with your wife. Dont forget u came here as dependent of your wife. She has every

right to request HO to withdraw your application as dependent when your relationship broke up. Which she did i believe that's why

caseworker advise to remove u from the work permit application.

[itiz]

No no no

My relationship broke down AFTER and not before, and I showed proof to the Ombudsman that it was the caseworker's action that broke my marriage of which the HO refused to reply, despite 3 deadlines set by the ombudsman

The caseworker asked if we had a second bank statement showing £533. Which I had, showing over £20,000. Upon requesting it, I came home and my x told me, he called again and advised her. If we can't get it, he can put hers thru and later put mine thru.

1. My passport was returned without any notices

2. I have put the above complaint to the ombudsman and the HO changed their story, from saying exactly what u said ie

- First called me an overstayer ( as they overlooked the last application I had )
- then changed their story,and blamed my x wife
- now blaming me for the withdrawal ( when i showed the ombudsman my x wife had nothing to do with it )

So I want to see proof in courts that I ever contacted the HO or withdrew my application personally


3. It still does not alter my question, on the caseworkers interference(is illegal), that led to the steps that tore up my marriage

4. Lastly when I took my x to court to gain access to our daughter, she said I am an excellent father but was very bitter citing I am illegal and was the one WHO ABANDONED HER AND OUR DAUGHTER and not the reverse

[Zee ali]

No no no

My relationship broke down AFTER and not before, and I showed proof to the Ombudsman that it was the caseworker's action that broke my marriage of which the HO refused to reply, despite 3 deadlines set by the ombudsman

The caseworker asked if we had a second bank statement showing £533. Which I had, showing over £20,000. Upon requesting it, I came home and my x told me, he called again and advised her. If we can't get it, he can put hers thru and later put mine thru.

1. My passport was returned without any notices

2. I have put the above complaint to the ombudsman and the HO changed their story, from saying exactly what u said ie

- First called me an overstayer ( as they overlooked the last application I had )
- then changed their story,and blamed my x wife
- now blaming me for the withdrawal ( when i showed the ombudsman my x wife had nothing to do with it )

So I want to see proof in courts that I ever contacted the HO or withdrew my application personally


3. It still does not alter my question, on the caseworkers interference(is illegal), that led to the steps that tore up my marriage

4. Lastly when I took my x to court to gain access to our daughter, she said I am an excellent father but was very bitter citing I am illegal and was the one WHO ABANDONED HER AND OUR DAUGHTER and not the reverse

Better to request SAR and see what exactly in your immigration history.

This never ending blame game only caused u trouble. Not to your ex wife or HO.

In your SAR u can also see the comments of caseworkers which they made regarding your application.

[itiz]

Dont know what an SAR is.

But if its a file request of my immigration history ? then I requested one in 2010, thats when the legal rep I used back then, said there were no notes and hence, said it was an obvious mistake on the path of the caseworker, hence said instead of leaving the country ( which was what i wanted to do back then )

... she advised me to re-apply for an FLR(O) which was rejected, hence my present predicament.

[Zee ali]

Dont know what an SAR is.

But if its a file request of my immigration history ? then I requested one in 2010, thats when the legal rep I used back then, said there were no notes and hence, said it was an obvious mistake on the path of the caseworker, hence said instead of leaving the country ( which was what i wanted to do back then )

... she advised me to re-apply for an FLR(O) which was rejected, hence my present predicament.

We r in 2015 now. Better to request it again to see what is in there. U seem to be an educated man and can read yourself. When i requested my SAR they have all the information and notes attached to my files. Did u read your previous SAR by yourself?

I dont trust these immigration lawyers. When caseworker withdrew your application he must put something in the file that why he is doing that.

[itiz]

lol.

Yes I am an educated man, son of an english professor who worked at the university of canterbury, which was my first school and we all 5 kids are educated to an msc level, here in the UK

I have noted the advise given by you and will attend to each one in detail.

Yes I had a copy of the SUBJECT ACCESS FILE, she called it in 2010 and will request it again for the hearing.

Basically, I dont want to lean solely on my barrister, hence why I am trying to educate myself here.

When the caseworker withdrew my file, he returned only my passport and told my x wife, that when I get back home from job hunting, I should contact him ( he gave his name and contact number ) and I repeat NO NOTICES WHERE RETURNED WITH MY PASSPORT.

I put the above errors to the HO, through my ombudsman complaint and they changed their story as I have put above 4 times and eventually refused to reply, when I refuted all their complaints. Hence the Ombudsman passed it to an investigator who said, he will withdraw the HO powers to act, based on the 1967 Parliamentary act and make a decision.

Then they changed their stance and said I should address my grievances in court, so the Ombudsman had no choice but to close the case and asked me to exercise my rights in court.

Much appreciated, thank you