Believe2013 wrote:Thank you for all the kind words and sympathy. Its places like these a lot of us find peace and solace. So basically I applied on the article 8 route via family life and private life. I sincerely regret not making my application before the 14 yr route was abolished. Dwelling on If's and buts doesn’t really solve anything now - I couldn’t at that time because I was missing vital evidence from HRMC which arrived 4 weeks after that route was abolished. Then someone will no doubt flag up why I didn't do it in 2010 November? Like I said it is what it is.
My Lawyers submitted my FLR (o) on my behalf. Background of the case
1) Been in the UK almost 17 years. I have two degrees I self-funded
2) Had a very well paid job hence being reluctant to leave it. Contributed over £8000 in tax and NI per annum for the last 14 years or so. paid poll tax and a regular charity donor and fundraiser in my community
3) No kids or wife
4) Mother and sister British are citizens successfully claimed asylum in 2009. All my cousins Aunties and uncles are British citizens too via the asylum route and I have no social cultural ties back home. No home or close relative to put me up should I be returned to my country of origin
5) I am of good character never been convicted of a crime and never stepped inside a police station
6) Always very self-sufficient not once did I recourse to public funds wouldn’t know what to do if I had to.
Grounds for refusal
1) Not met the 20 year criteria as the 14 yr rule was abolished. Yes I understand but this point can be argued in spirit and longer periods than the 14yr rule are very much applicable under article 8.
2) I left my home country a 20 year old and therefore I had established social and cultural ties back home. - Again supporting letters & biometrics of my immediate family & extended family who claimed asylum successfully with whom my social familial and cultural ties are with are all British citizens now. You are entitled to have one family life and I do not chose my relations, they happen to be British now and should anything happen to me they too are victims again article 8. Family life doesn’t solely mean I have to have kids and a wife NOT AT ALL.
3) I spent half of my adult life in my home country- Rubbish you are considered an adult as of 18 and you start to live an adult life as of 18. So in essence I have spent most my adult life in the UK bar 2years.
Like I said ILLOGICAL AND SPECULATIVE. Article 8 is a very powerful tool when analysed in depth. Guys do not lose faith or hope. We will prevail.
@ believe,
sorry to hear about your refusal.
I am assuming based on your comments that you might have mistakenly ticked the section of human rights application based on 20years whilst completing the FLR(O) form, hence the in-experienced caseworker who inadvertedly looking for ways not to grant an application seized the opportunity.
funny enough, the law states that so long an application is valid, caseworker should consider all aspects of immigration rules covering the applicant including conditions outside the rules before granting or refusal (Am sure this is not considered).
Are you offered a right to appeal?
Further more, UKBA have explicitly stated that you cannot vary your leave wiithin UK as a visitor, hence if you are here as a visitor and not yet overstayed technically such application will be refused, the question now is was your visitor visa cancelled?
If you don't mindcan you advise the forum where you are from originally, it might worth you check performance scale on FLR(M) applications submitted from your country, assuming not too bad , I would personally suggest making an out of country FLR(M) application so long you are in a genuine relationship and you feel your wife will meet up with both financial/maintenance aspect of the rule.(this will really save you time compared to going down the appeal route, money compared to paying solicitors costs and you will in no time have control of your life) and good thing is for family cases they cannot use previous refused application as a factor against merits of your grant.
last option, assuming you feel you and your wife cannot satisfy the financial / maintenance limb of the requirement is to re-submit and FLR(O) applications when your visitor visa have expired and make sure you submit loads of documents to prove you are in a subsisting relationship and your family life is here, it will help if they see reasons why your life cannot leave with you abroad e.g she's working here etc.
Please be strong and in situations like this, you just have to raise your heads up.
I was previously in your situation and if i had a good advise then would have been naturalised by now but unfortunately still making application to renew my leave to remain for another 3 years. ( I submitted FLRM which was refused and I wasted 2 years fighting with UKBA only to be granted 3 years discretionary leave to remain in 2010 - If I had returned to my country and submit the application, would have been granted 2 years which will entitle me to indefinate leave to remain in 2011 and naturalise by 2012 as spouse of British Citizen and with 4 British kids).
I wish you all the best mate.