Please read carefully and advise. My family life crisis

nchowdhury · Post by **nchowdhury** » Wed Mar 26, 2008 7:42 pm

I came in UK under HSMP in 2003, first issued one year visa and then in 2004 was issued 3 years visa and was supposed to get ILR.
Since I came to UK I am living with my partner and she is White British (as UK does not recognize religion marriages) and has one daughter 2 years old.
Since my arrival we (family) lived together, I am supporting my family. I have full time job.
My HSMP visa was till 1st of November 2007. Henceforth unaware of the changes and I went to the website to download ILR form to apply.To my surprise the whole world was changed. New HSMP rules came into effect and I had to apply again to qualify and I knew I will not qualify.
But still I applied under old rules but the tragedy was I applied 7 days late. This is due to the changes and had to gather all the documents again before applying and I was late.
In February 2008 my extension of visa under HSMP was refused and also they did not give me right to appeal. (7 days late I applied)
My solicitor advised me to apply under marriage/civil partner/unmarried partner criteria and also HO advised in their letter to apply for the same.
On 6th March 2008 I applied under marriage/civil partner/unmarried partner criteria.
On 19th March 2008 I received refusal letter from them, the reason my application is not valid as my current status is not valid (initial application was late for 7 days).
Now I have a family, one daughter over here and I am totally lost. I canâ€™t see any light from anywhere.
My Blunder Mistake
I did not apply within the appropriate time (Due to the changes had to gather all the documents so was late).
I should have kept myself up to date about the changes taking place.
I should have switch to marriage/civil partner/unmarried partner criteria before the end of visa (If I knew the changes earlier)

I would like to ask here any advice or suggestion that you all can give me will be much appreciated. I want to stay with my family specially my two years daughter. I cannot live leave her in any circumstances.
Once again I would like to request everyone over here for advise and suggestion that can save my family life.
Thanks and regards.
N. Chowdhury

Wanderer · Post by **Wanderer** » Wed Mar 26, 2008 7:51 pm

Only one way - return to your home country and apply from there before the new banning rules come in 1st October 2008.

Siggi · Post by **Siggi** » Wed Mar 26, 2008 8:04 pm

Yip I agree you have only chance in this situation, return to your home country ASAP and apply for un married parent visa.
Make sure you do this before the overstay ban comes in to effect in Oct 08

nchowdhury · Post by **nchowdhury** » Thu Mar 27, 2008 1:13 am

Yeah I am thinking the same.
But my solicitor is insisting:
To write back to reconsider my marriage application.
To wait till JR judgement comes out.
To wait till HO orders for my removal then aappeal against the removal decision and argue about my case as he feels my case is strong enough to defend.

My case is different in the sense I came in as HSMPian and developed a family life. I was or is not in visit/asylum visa.

I am not sure what to do?
Thanks for the reply by the way.
Any more suggestion would be much appreciated.
Regards
N. Chowdhury

paulp · Post by **paulp** » Thu Mar 27, 2008 7:35 am

nchowdury, ask your sollicitor how long this will all take and how he will be able to get around the 1+ year bans?

Siggi · Post by **Siggi** » Thu Mar 27, 2008 8:01 am

I would say that its in the finnacail interest of your solicitor to strech your case out as long as pos.
If you take your solicitors advise you risk been bleed of your hard earn money and a refusal or even a ban.

If you return to your homeland and go the route we have already discussed you have no risk losing time or money and the chances of refusal is minimal.

Good luck, I know what I would do.

paulp · Post by **paulp** » Thu Mar 27, 2008 8:09 am

Some bhc/embassies have been using overstaying as general grounds for refusal. The longer he stays, the worse it becomes.

nchowdhury · Post by **nchowdhury** » Thu Mar 27, 2008 6:20 pm

Thank you very much for the reply and suggestion.

paulp: Solicitor says it should not take more than 2 to 3 months time max 5 months. He already wrote letter to HO to reconsider my application.

Siggi: Solicitor already given me the invoice of full charges step by step and by the market value it seems nominal. Also I am less worried regarding money rather then my current situation, I hope you understand what I mean.

paulp: Some bhc/embassies have been using overstaying as general grounds for refusal. The longer he stays, the worse it becomes.
I understand this but during my overstay I am still in touch with HO in the sense asking them to reconsider my application. Still this will be called overtay? Whole time period of overstay I have full communication letters from HO.

What about flashing in the newspaper about my situation from my wife side asking for help and to do something. Will this help in any sense?

Regards
N. Chowdhury

paulp · Post by **paulp** » Thu Mar 27, 2008 8:51 pm

nchowdhury wrote:paulp: Solicitor says it should not take more than 2 to 3 months time max 5 months. He already wrote letter to HO to reconsider my application.

That does look a tad optimistic to do a reconsideration, JR, appeal against removal order, etc.

nchowdhury wrote:paulp: Some bhc/embassies have been using overstaying as general grounds for refusal. The longer he stays, the worse it becomes.
I understand this but during my overstay I am still in touch with HO in the sense asking them to reconsider my application. Still this will be called overtay? Whole time period of overstay I have full communication letters from HO.

Unfortunately, it is still an overstay.

Siggi · Post by **Siggi** » Thu Mar 27, 2008 9:09 pm

Well the members have given their advise and despite all I geuss you knew all along that you would run with your solicitor's, brillant advise!!

You are still a overstayer and I wish you good luck, but don't be suprised if this blows up in your face.

nchowdhury · Post by **nchowdhury** » Thu Mar 27, 2008 9:10 pm

Thank you paulp for the reply.
My concern is leaving the family and go to India to apply. Specially my two years daughter. Just to think of leaving her tears comes in my eyes.
Is'nt there is any way that I can manage within UK.
God knows if my application will be refused then would I see my daughter again or not?

JR judgement means HSMP Forum had JR hearing on 5th March 2008 against retrospective changes and the judgment is suppose to come out within 2 to 3 weeks and everybody is very optimistic about the judgement. Everybody thinks that the judgement will come into our favor on the basis of the hearing went on in the court.

First I applied for extension under HSMP - got refused, no right to appeal.
Then me and also my wife wrote letter to MP and HO, reply letter came from HO (Jacqui Smith) in detail why my application was refused and also mentioned in the letter exact wordings:
"A further option that may be open to him would be to apply for settlement on the grounds of his marriage to a British citizen <my wife name>.
Therefore I did and got refusal stating my application is invalid.

Option1: Already written to HO to reconsider my marriage/unmarried partner visa reply yet to come.
Option2: Once the judgment comes out then my solicitor will write back to reconsider HSMP application on the basis of judgment.

Once again thanks for the reply.
Regards
N. Chowdhury

nchowdhury · Post by **nchowdhury** » Thu Mar 27, 2008 9:12 pm

Siggi wrote:Well the members have given their advise and despite all I geuss you knew all along that you would run with your solicitor's, brillant advise!!

You are still a overstayer and I wish you good luck, but don't be suprised if this blows up in your face.

I do appreciated very much the advise and suggestion given to me by the members.
Still to go back and apply needs sometimes to gather all the documents and evidence.
Thanks for the reply.
N. Chowdhury

nchowdhury · Post by **nchowdhury** » Thu Mar 27, 2008 9:14 pm

By the way when this overstay rules is coming into affect.
As far as someone wrote 1st of October 2008 if this is true then still I have few months
Regards
N. Chowdhury

nchowdhury · Post by **nchowdhury** » Fri Mar 28, 2008 3:51 pm

Another question.
My visa expired 1 November 2007.
Applied for extension 8th November 2007
Refusal letter received 11th February.

Now from which date my overstay starts?

I am working at present and my status is overstayed, now I will go to India and apply there and have to submit last 6 month payslip.
Will they ask how come you working if you was overstaying?

Regards
N. Chowdhury

paulp · Post by **paulp** » Fri Mar 28, 2008 4:00 pm

nchowdhury wrote:Another question.
My visa expired 1 November 2007.
Applied for extension 8th November 2007
Refusal letter received 11th February.

Now from which date my overstay starts?

From the date your visa expired. Out-of-time applications (the one on 8th Nov) do not benefit from Section 3C protection and do not extend your valid leave.

nchowdhury · Post by **nchowdhury** » Fri Mar 28, 2008 4:05 pm

Thanks for the reply paulp.

Can you please give the second answer please.

Your help much appreciated.
Thanks and regard
N. Chowdhury

nchowdhury · Post by **nchowdhury** » Fri Mar 28, 2008 4:11 pm

I came to UK under HSMP and since then living with my partner (British). I am working and supporting my family. Anyway my wife will be my sponsor for me.
Now in my case I am supporting her so what affect will be there as in the form says how your sponsor going to support you.
Can she write letter stating that she is dependent on me rather than I am dependent on her?

Thanks and regards
N. Chowdhury

paulp · Post by **paulp** » Fri Mar 28, 2008 4:13 pm

Technically, you should have stopped working on the day your visa expired. I would personally not feel comfortable giving the EC officer evidence that I've been working illegaly in the UK.

I wonder if anybody else has gone through this situation at the BHC in India and can give feedback.

To satisfy the funds/maintenance requirements, you could show savings, a letter from your employer that a job is waiting for you when you come back to the uk, and if possible, show your wife's earnings.

nchowdhury · Post by **nchowdhury** » Fri Mar 28, 2008 4:36 pm

Thanks for the reply

My wife does not work and she claims child benefit. Therefore I can produce her bank statement (I will not hide her child benefit).

She cannot support me anyway. I am supporting her.

nchowdhury · Post by **nchowdhury** » Fri Mar 28, 2008 4:39 pm

paulp wrote:Technically, you should have stopped working on the day your visa expired. I would personally not feel comfortable giving the EC officer evidence that I've been working illegaly in the UK.

Therefore I should not give the bank statement since last november since my visa expired. They will easily catch me and will ask me the rest of the bank statement since you left UK.

paulp · Post by **paulp** » Fri Mar 28, 2008 8:42 pm

nchowdhury wrote:Thanks for the reply

My wife does not work and she claims child benefit. Therefore I can produce her bank statement (I will not hide her child benefit).

She cannot support me anyway. I am supporting her.

That's the problem, if you can't show savings of 2k or more, she may have to start working.

nchowdhury · Post by **nchowdhury** » Sat Mar 29, 2008 6:06 pm

Thanks for the reply,
What about letter from in laws stating that they will be maintaining while I am away and their bank statement.
Will this work.
Thanks and regards

paulp · Post by **paulp** » Sat Mar 29, 2008 9:22 pm

I seem to recall that financial sponsoring by third-parties is no longer accepted for spouse visas. You can try to do a search on the forum.

nchowdhury · Post by **nchowdhury** » Sun Mar 30, 2008 4:11 pm

Thanks for the reply paulp
I know I am giving you loads of trouble.

As I have stated my situation and I think you have understand also:
Your adivice will help me to decide which one will be better for me:
1. Unmarried partner
or
2. Dependent Working visa

paulp · Post by **paulp** » Sun Mar 30, 2008 5:52 pm

Are you married? Once you referred to your wife, another time your partner, and now you are asking about unmarried partner visas.

I don't see how you can get a visa as a dependent of a work permit holder if that's what you meant by option 2.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Please read carefully and advise. My family life crisis

Please read carefully and advise. My family life crisis