Please read carefully and advise. My family life crisis

[nchowdhury]

It was typing mistake generally I refer her as my wife.
Actually we are not married but living together since last four years and have a daughter.
Sorry for the confursion.
Thanks and regards

[paulp]

Then, the option at the moment is the UPV.

[nchowdhury]

Cheers paulp,
I will go for that.
If required I will contact you for more advice.
Once again thank you very much.
Regards
N. Chowdhury

[John]

nchowdhury, does your employer know that your visa has expired, and you are now an illegal worker? And I wonder whether they know that employers of illegal workers now face penalties of up to £10000 ... per illegal employee!

[paulp]

And the prison sentence.

[nchowdhury]

John,
No I am not working anymore since March 19th 2008 as I received refusal letter for my marriage/unmarried partner visa.
But I had to stop work in first refusal letter dated 11th Febraury under extension of HSMP.
Therefore I worked almost more than 1 month. As this month is March by mistake I wrote that I am working.

paulp,
I have left the job anyway but not sure how I am going to maintain my family. 2 years daughter and my partner that too British.

I was reading somewhere that even I have no right to appeal and though I have stayed with partner for more than 4 years without public fund HO gives permision to work till they issue removal order then appeal on Human Rights Article 8 ground.

Can local MP do anything in my case?
Please suggest or advise.

Thanks for the reply

[paulp]

You can certainly ask your MP to ask the HO to speed up the processing of your application.

I'm not quite sure about getting the right to work, but it doesn't hurt to share the financial situation of your family and you with the MP and ask him if anything can be done. That's the first time I hear about this.

[nchowdhury]

You can certainly ask your MP to ask the HO to speed up the processing of your application.

I'm not quite sure about getting the right to work, but it doesn't hurt to share the financial situation of your family and you with the MP and ask him if anything can be done. That's the first time I hear about this.

Thanks for the reply, please read this link.

http://www.immigrationboards.com/viewto ... 963#156963

[nchowdhury]

Hello everybody,
Once again thanks for the advise.
Latest Update:
As per the advise given to me here I am almost ready to go home and apply probably within couple of week.
As I earlier mentioned that I came UK as HSMP visa holder and applied 7 days late for extension and also do not qualify in the new rule.
Also applied under un married partner that also got refused.
Have no right to appeal.
Now as everybody knows that HSMP JR is won.

Therefore now should I wait little longer to see if my HSMP visa get extension as per JR.
OR
Still I should go home and apply under un-married partner.

Your advise will help me to take proper decision and will be much appreciated.
Regards

[vinay shanthi]

winning the recent hsmp jr will have no benefits for u. ur appplications for hsmp renewal was not valid as u were an overstayer and no longer on hsmp when u applied.

i feel u have no option other than trying for unmaried partner visa. approach your MP. rather ask ur british partner (always stress the british partner bit in all applications. dont just say unmarried partner) to approach ur MP and go along with her. the idea should be to impress on the MP and all other authorities involved that if not for you your partner and child will be fully dependent on the state and their human rights and welfare requires you to be in the uk, rather than the other way around. stress on these points in letters to all authorities in every letter. also get ur partner to include a letter stating the above facts signed by her and sent to all relavant authorities dealing with this matter. if possible get a letter from your area MP stressing that it will severely affect your unmarried partners and 2y old children mental and physical health and social circumstances and also make them totally dependent on the state without u to support them in uk. use copes of the same letter if given to you, send it to all authorities along with every application / letter of yours.

if possible get a letter from your partners and childs GP about the stress (very likely and understandable in their current situation)that they are under regarding you being due to removal etc from uk and not having access to partner and 2y old child. use copies of the same letters for informing all authorities

approach child protection or health or similar authorities and see if they can give a formal assessment to your british partner and you that without your presence in the uk supporting them financially and emotionally you 2y old daughters health and development will suffer. use such a letter if given to you.

also see on bia website regarding special visa categories meant for child access rights especially the ones giving ilr directly. dont know if these are applicable to you. but worth exploring.

rest as i suggested in my responses to ur private messages to me on other forums.

dont stress on ur stress in your letters much. not many (i dont mean all) souls will not give a shit in the present climate for immigrants (both legal and illegal). rather stress like i said above on the difficulties your completly dependent on you british partner and 2y old child will face without you to financially and emotionally support them.

only mention your difficulties later. not the other way around. you need to show the benefits to uk by keeping u in uk. not the benefits for u staying here. state the obvious that as they are completly dependent on u. if u have to leave uk they will be completly dependent on the state for all needs.

if ur partners and daughters health is suffering due to these issues, dont forget to stress on that as well. if daughters health milestones are suffereing then get a written statement to this effect from your childs doctors / gps etc and enclose that as well.

basically use any eveidence that will show ur family needs you and not the other way around.

the others have given u good advice regarding returning. but in view of the fact that ur UP visa is refused, it might be refused even if u go again as well

discuss with MP, liberty , jcwi , etc to see if they can help at all in such matters and give representations in you and your familys support

ask ur british partner to approach your city council welfare department and explain the situation. do u rent ur home now??? or is she getting a free council home???? if u r renting ur home now, then let ur british partner state in writing to the council that if u as her partner is allowed to stay in the uk, she will not have to ask for free coucil housing for her and child. but on the other hand if u r forced out of uk then she will be forced to approach council for free council home and all necessary benefits and support etc. this might encourage the city council to support your case in writing. worth a try. the more the support letters that you get the more it will help ur case

last but not the least if ur daughters birth certificate does not name u as the father then get a DNA test done to prove she is ur daughter. i say this in view of the fact that when she was ur partner if i remember right she was not divorced yet. hence the nikah was not valid. apologies if this offends you. but i am only trying to be the devils advocate and making sure u cover all the bases in this sticky situation. this might ensure child access rights etc. i dont remember where i read the nikah before doivorce bit but am pretty certain i read it somewhere as it being the reason why nikah was not registered. if i am confusing your case with someone elses i apologise. but if indeed what i ahve stated is true. then she is NOT YOUR WIFE. she is your unmarried partner. and if i am correct them stop referring to her as your wife in all forums and official communications. u r just confusing urself and others and officials by using colloqial terms. stick to the legal definition that is unmarried partner in all communications. u r just creating a mess by repeatedly reffering to her otherwise manytimes in this thread and am certain u would have done the same in official letters to authorities as well.

and stop dreaming that recent hsmp jr decision will help ur case. it wont make a difference as u r an overstayer. so no point expecting hsmp renewal. best bet is a upv visa or child access rights visa or something similar or discretionary visas etc

best of luck

[vinay shanthi]

just one more clarification needed about ur hsmp details. there might be a small chance the hsmp jr decision might save u on futher research on this issue.

u have already completed 1+3 hsmp before u became a overstayer due to 7 day late application for hsmp renewal.

but due to the recent hsmp jr judgement technically u might have been eligible to apply for ILR after 1+3 completion itself if not for the illegal decision by home office to apply new rules retrospectively regarding ILR issues.

approach joint committee on human rights of uk parliament members with ur hardship story. normally they do not entertain individual cases. so instead of just writing to jchr, also send a copy of the same to every MP / lord on the jchr committee explaining that u were eligible for ilr after 1+3 on hsmp but due to retrospective rules u were caught unawares and hence made a 7 day late hsmp renewal application. also point out now that the retrospective rules for hsmp has been deemed illegal. ask for condoning your overstay and allow you ilr in view of the exenuating circumstances and access righst to child etc etc etc mention exactly the same thing in all letters now again to BIA. mention that in view of recent hsmp jr judgement, you would like ur case to be reviewed as cause for ur 7 day late application after 1+3y on hsmp was the now judicially deemed illegal retrospective rules applied to hsmp. in view of this ask them to use their discretion as both u made illegal actions and they made illegal actions (as per judge in hsmp jr judgement) and therefore grant you discretionary ILR taking into consideration hsmp jr decision plus child access rights and partner access rights etc etec etc. if refused then mention in same letter that you will need a JR to reveiw ur case on these appeal points after new cause for action raised by recent hsmp jr decision.

by the way all this will only happen if indeed u qualified for ilr after 1+3. that would only happen if u were within 28 days of completing 4y stay in uk on hsmp. if u entered uk after 28 days the original hsmp visa was issued, then u r again on a very sticky wicket on ilr issue as you wouldnt have qualified for ilr even on 1+3 scheme even if retrospective rules were not applied

if indeed u were eligible for ilr then mention ur MP to stress these points as well. it would be very good if u could manage to contact and get the support of the jchr committee MPs etc

but all the above mentioned suggestions should keep u busy for a while

in the meantime keep in mind the overstaying aspect and october deadline regarding this as well

best of luck

if i remember right, then i think u came to uk 28 days after hsmp visa was issued. so in that situation it will be very very unlikely the recent hsmp JR will be even having small chance of saving you. i am saying this because i dont want u to cling to straws and have false hope based on hsmp jr success.

mention exact date of hsmp approval, exact date of visa stamping, exact date of entry to uk etc. but if my memory serves me right, as far as i can tell ur ILR case based on 1+3 is stuffed even if other similar ilr cases succeed. mainly because i think u didnt meet 28day requirement for completing 4y for ILR. even if that 4y ilr issue succeeds for other hsmps on old scheme.

this thread might interest you, as it concerns working while not having valid immigration status and why sometmes it might be a better situation for ilr. risky option but see if it helps . interesting opinions on that link http://www.immigrationboards.com/viewtopic.php?t=25134

(but guess i had made u aware of that link earlier)

as mentioned by immigrationlawyer on that link. dont forget to mention ur economic contributions in uk as well to buttress ur claims to stay in uk, apart from all other issues

[nchowdhury]

Hello Vinay,
Thanks for the advise,
So in your point of view:
The people who did not apply at all for extension under HSMP because they knew they will not quality and returned home.
The people got refused even they applied and did not appeal in the AIT though they had right to appeal still staying in UK just waiting for JR decsion so that they can re apply. As per HO data around 200 people still in UK.
The people applied and got refused with no right to appeal like me (I know there are quite few) still staying in UK depending upon JR judgement.

These people will not get any benefit from this JR judgment because they are are overstayer?

Am I right or wrong?

[vinay shanthi]

i am not a lawyer. but just mentioning some points that come to mind.

many people would get stuck at the 28day issue even if they completed 1+3. not many people would have come to uk within the 28 day period. so most of such people would still need to have applied for renewal even under old hsmp requirements. if they didnt make those applications then u cant fault others for that default. but i guess there were exenuating circumstances involved. the only people who would 100% have escaped the 28 day period would have been the hsmp incountry applications. most of the out of uk applications wouldnt have had the luxury of being able to travel at short notice once hsmp was granted.

but even if people have the theoretical chance of redress incase they left the country. do u think legal expensewise or other factors involved in filing and chasing case in uk etc, i am not sure if many would practically manage such a challenge unless they had friends in uk willing to take up their cause.

best of luck

[nchowdhury]

Update:

Just to let everyone know that yesterday I received back my passport with visa stamped for 3 years.
Yes they stamped backdated from 1 Nov 2007 to s Nov 2010 and clearly said after completion of required period of ILR I can apply for the same and need to enclosed this covering letter with ILR application.

Summary in Short:
Came as HSMP - 1+3 years visa
Visa expired on 1 Nov 2007
Applied 7 days late.
Application refused as expected with no right to appeal.
Waited for JR implementation.
Yesterday got the visa.

Many Many thanks to every body specially Paulp, Wanderer, John
& Siggi
Much relief.

[John]

nchowdhury, that is great news! And a great indication that UKBA are starting to do the necessary to unravel the mess that they have got themselves into.

[nchowdhury]

nchowdhury, that is great news! And a great indication that UKBA are starting to do the necessary to unravel the mess that they have got themselves into.

Yes John you are right they have started clearing their mess.
Your advice and help much appreciated though I did not followed just due to JR implementation but during that time it made me relaxed and stress free.
Once again thanks

[republique]

I am reading this after the dilemma and I have to say, that is one great solicitor. Did you return home or did you stay in the country in the process??
He certainly kept to his word about this being resolved in a couple of months. I have to say, I wouldn't think it would have worked in your favour if you stayed in country and protested so that solicitor knows his craft and immigration law.

[Siggi]

Nchowdhury,
Well done I'm pleased that you succeeded.
Sorry my advice was'nt as positive as you may have liked, but it's the way I and other saw it.
Non the less cases like yours make this site worth while.
Good luck in the future.

[nchowdhury]

I am reading this after the dilemma and I have to say, that is one great solicitor. Did you return home or did you stay in the country in the process??
He certainly kept to his word about this being resolved in a couple of months. I have to say, I wouldn't think it would have worked in your favour if you stayed in country and protested so that solicitor knows his craft and immigration law.

I stayed in UK and I was affected by the retrospective changes in HSMP therefore I just waited for the JR success and implementation.
Thanks and regards
N. Chowdhury

[nchowdhury]

Nchowdhury,
Well done I'm pleased that you succeeded.
Sorry my advice was'nt as positive as you may have liked, but it's the way I and other saw it.
Non the less cases like yours make this site worth while.
Good luck in the future.

You are right Siggi at that time I was about to follow your advice but while I was preparing to go back HSMP JR succeeded and then I decided to stay back and wait for the JR decision to be implemented.
Thanks once again.

[nchowdhury]

Just to let everyone know that I got ILR today.
I would like to share my experience while obtaining ILR at Sheffield PEO.
Appointment was 2:00 pm.
Reached there at 1:20 pm
After security check (scanning/x-rays etc.) the security person told me to go to the reception counter.
I went there and took the number token (now the time was 1:47 pm) and she told me that to wait till your number will be called.

Waited till 2:35 pm then number was called I went to that counter. There were 6 counters. The lady explained me that first she will check the eligibility of the application and the correct documents have you brought. She had a form and she checked my application (SET (O)), LIUK certificate, then she checked somethings in the computer and she asked me about the documents I got and she kept my passport.

Then she gave me back the application and asked me to pay and wait till a case worker will call your number, which I did and waited.

Then at 2:37 my number was announced. He basically saw all my documents (salary slip, bank statements, employers letter) and he said for HSMP they don't need so much of documents, just evidence of economic activity would be enough. He kept the copy of LIUK certificate, original employers letter, my business card.
And said you will be given ILR, it will take an hour or so.
At 3:30 my number was called and asked me to check the name on the visa and gave me my passport with covering letter.
So basically within 2 hours everything was done.
Thanks to every one.
Regards
N. Chowdhury

[Siggi]

Hi Nchowdhury
I delighted that you have succeded with your ILR.
As I said once before that is what this site is all about people with genuine problems that get resolved, with input from members of this site.
I wish you well and good luck in the future.

[nchowdhury]

Hi Nchowdhury
I delighted that you have succeded with your ILR.
As I said once before that is what this site is all about people with genuine problems that get resolved, with input from members of this site.
I wish you well and good luck in the future.

Thanks Siggi, I must say help & advise from people like you also make this site so wonderful and helpful.

Regards
N. Chowdhury

[3crown]

Wow you've given me hope. Well done & Enjoy x

Just to let everyone know that I got ILR today.
I would like to share my experience while obtaining ILR at Sheffield PEO.
Appointment was 2:00 pm.
Reached there at 1:20 pm
After security check (scanning/x-rays etc.) the security person told me to go to the reception counter.
I went there and took the number token (now the time was 1:47 pm) and she told me that to wait till your number will be called.

Waited till 2:35 pm then number was called I went to that counter. There were 6 counters. The lady explained me that first she will check the eligibility of the application and the correct documents have you brought. She had a form and she checked my application (SET (O)), LIUK certificate, then she checked somethings in the computer and she asked me about the documents I got and she kept my passport.

Then she gave me back the application and asked me to pay and wait till a case worker will call your number, which I did and waited.

Then at 2:37 my number was announced. He basically saw all my documents (salary slip, bank statements, employers letter) and he said for HSMP they don't need so much of documents, just evidence of economic activity would be enough. He kept the copy of LIUK certificate, original employers letter, my business card.
And said you will be given ILR, it will take an hour or so.
At 3:30 my number was called and asked me to check the name on the visa and gave me my passport with covering letter.
So basically within 2 hours everything was done.
Thanks to every one.
Regards
N. Chowdhury

[nchowdhury]

Wow you've given me hope. Well done & Enjoy x

Best of Luck & succeed.

Regards
N. Chowdhury