Oral hearing for ILR - Overstayer

[scottemmanuel]

Hi All,

Im going through a tough time with the Immigration. My lawyer made a wrong application for me. Flr(M) instead of Flr(P) as im overstayer and married to a british citizen. My application was refused with no right of appeal but I have an Oral hearing case in december. The judge and the HO only made a 1 point in my refusal and JR refusal which my lawyer didnt mention in my application (insurmountable obstacles or serious hardship) . The judge said 'The applicant could therefore only be successful in his application or indeed and appeal if he could demostrate the existence of ISNURMOUNTABLE OBSTACLE and there was no reliable evidence before the Responded that the applicant's partner would face continuing her life in Nigeria or face serious hardship.

I just realised my lawyer is not good. Firstly, asking for more money and made wrong application didnt asked if there's any Obsatcle for me to go back home and re-apply. We met all the Flr(M) requirements only reason I overstayed and I was told i should have got an apeal if he made Flr(fp) with a strong ground.

If I should apply for entry clearance in Nigeria it will be successful because we qualify for all the reuirement BUT I have a problem going back home, my family will kill me. I'm the only child, my family Uncles killded my father with assassins, I escape that night and my mother has a stroke now, if i return home I will be dead. before I came to the UK, I was kidnapped by the Policemen becase my Unlce is a politician use the policemen to kidnaped me I have proof. I came to the UK at the age of 19 and now im 27.

My WIfe is a born british citizen, get treatment and always go for check up once evry 3 months and donate blood to charity. she was in hopsital for almost 3 weeks this year which almost killed her, going from one hospital to another becuase her asthma was severe. earning more than 18,600, legally married in the UK, both living together with proof, have my A1 english test certificate. She's a trainee solicitor and next year she will finish the trainee and be a full lawyer.

I don't know how to go about with the ISNURMOUNTABLE OBSTACLE. I will appreciate if anyone has been in my shoe and how they won their case will be very helpful.