I am stuck in Limbo ( Deadlock situation )

[mrhunse]

Hello friends,
I came into the country with my ex wife ( now divorced ) who at the time was on a students visa and I was her dependent, and we both applied for a tier 2 work permit ( again I as the dependent )


Our application was held for 1 year 7 months after going back and forth with the local MP and UKBA the case worker said do we have a bank statement to support the 2nd application ( me ) which I did, and shortly after he confirmed if she terminated my application he would put hers through.


My application was terminated and I reapplied which was held again till 2013, after when I complained to the local MP it was denied on the grounds that I did not have any leave to remain. I sent a reconsideration request which was ignored.

I have a 5 yr old daughter with my x, born and now schools here and I have a UK MSc as a computer programmer and over 16 years experience

I was told I would be

1. subject to restrictions if i choose to leave and future returns
2. I am welcome to apply again if i could meet any chosen criteria
3. Do a judicial review
4. Send a complaint

On the interim, I contacted the local enforcement team who are saying they will detain me ????

I have spoken to so many solicitors all giving conflicting advise

kindly advise
tnx

Hunse

[Obie]

What is the status of your ex wife and daughter now? Have they secured ILR.

Is there any contact order in place for you to see your daughter.

On its face, you fall slightly outside the 7 years resident concession for parents with Children under 18 who has resided with them during this period.Other factor has to be taken into consideration.

Dont worry I dont think you will be detained.

An immigration decision will have to be made to remove you, and as you have a child here, such a decision will be accompanied by a right of appeal, which you would be able to exercise in the UK. Until that process is completed, removal will be unlawful.

[mrhunse]

no she has not secured ILR, she wont tell me her status, but i know.

There is no contact, as recently she started to deny contact, I was advised not to apply to the courts until I have a resolution from the HOme office, but I understand I cant get any application to the HO until I have an order from the courts. So confused.

[Obie]

Apply for contact with the court, and whiles that process is ongoing, an articke 8 application could be made outside the rules. Leave to remain will be granted pending the outcome of that proceedings. Depending on the outcome, further leave may be granted in future.

[mrhunse]

ok thank you.

What application form do I use ? FLR(O) and what options do I fill in and what do I need for evidence to submit ?

Also is it fair she terminates my application as I would be punished for it which ever way ?

[Obie]

That application can only be made once the contact order is in motion.

Did you consent to withdrawing the application.

Was it an application made, wherein you ex wife addeded you as a dependant, or a stand alone application?


When it was withdrawn, did you have a right under section 3C.

[mrhunse]

The application was made as a dependent to her, who was the main application.

We were married and I was paying 100 % the bills for the 3yrs we lived together. I was bringing the money from abroad.

Then I got a job offer for £30,000 a year and after so much time trying to get our passports back ( 1 year 6 months ) and no results using the Local MP, we insisted the HO give us a letter confirming our rights to work. It was then my x terminated my application without my knowledge.

No notices or letter was given by the HO to me whatsoever. I never got any rights under section 3c

[Amber]

Does your (ex)wife have a new partner?

[mrhunse]

no I dont believe so.

[Amber]

Do you?

[mrhunse]

no still single and searching.

[mrhunse]

there is no chance for reconciliation if thats the direction you are headed.

[Obie]

I am concerned whether the withdrawal of your application as dependant was lawful, suchthat you were not aware that your section 3(C) has lapsed. This will not have helped in regards to switch of status or acquiring a status independently, but you would neverthe less, as the other one would have been considered as a variation, and if that was refused, you will then haveva right of appeal, and then you will have an opportunity to canvass the child and human right aspect of your case.

At present you will have to proceed with the Contact Order.

[Obie]

You can never say never. Absence sometimes make the heart grow fonder.

[Amber]

You and your wife may be both overstayers, you'll be relying on leave outside the rules as neither of you appear to meet the immigration rule provisions or exception 1, unless she was granted PBS leave. The child is not an overstayer is s(he) never had leave and will be able to regularise his/her stay at age 7 and at age 10 apply for citizenship.

[mrhunse]

well, after the withdrawal of my application ( as I said without my knowledge) I asked my x wife if any notices where given and she said no. I also asked the solicitors who represented me who also said none where given.

Hence I got a solicitor who wrote to the other solicitor, and they said there was no notice given. Hence they wrote the home office and nothing was sent back except two numbers assigned to me.

Hence the new solicitors asked me to apply for FLR(O) which I did and was thrown out.

what is section 3c and what can I do ?

I made a complaint via the ombudsman and nothing came out of it.

What are my options if it was unlawful ? As my x wife said it was the case worker who advised it.

[Obie]

Amber the wife does have something I believe.

It appears UKBA conned her into having her spouses dependant application withdrawn as a result of those illegal policy prior to Alvi, and this left OP in legal Limbo.

[Amber]

It's difficult to say then if you don't know the status of your wife and she's unwilling to tell you. She may for example found someone else and be married or marrying.

[Obie]

You can challenge the refusal without a right of appeal, as you seem to have a Section 3 (c) right. The FlR(O) was a variation of that application. Therefore even though its prospect of success was very limited, you should have benefited from a right of appeal.

The failure to recognise this is an error.

However you will need the contact order, if you are to succeed in any respect.

[mrhunse]

she is not married. As I did a bit of research, but what status she has in the UK, I honestly dont know.

After the termination, I had no choice but to leave her. As I asked her to move initially with me back to london, as we lived a bit north, and she refused.

I came home one day from job interviews in london and she was gone with my daughter. Since then she has been on the defensive.

[Obie]

You are a grown up man over 16. UKBA should have got your consent before withdrawing it.

[mrhunse]

Ok I will apply to the courts asap.

However am told, the courts will not make a decision if I am in limbo, as I dont have any rights as of present. and the enforcement team where threatening to detain me.

I was thinking of going to see my local MP to complain again of unfair treatment and the oversight of the HO

[mrhunse]

You are a grown up man over 16. UKBA should have got your consent before withdrawing it.

is this a law ? in their records ?

[Obie]

It is a basic public law duty of fairness, that you must be informed of any adverse decision taken against you.

[mrhunse]

my point now, is that instead of sending a fresh application, I feel its better to complain of unfair treatment ?

would this not be in the right order ?