Wife DLR Granted, Please what time can she apply for ILR.

[sedor21]

Home Office
UK Border
Agency
Reference: XXXXXX
Home Office UK Border Agency
NOTICE OF DECISION
REFUSALTO GRANT LEAVE TO REMAIN
Paragraph D-LTRP.1.3 with reference to paragraph R-LTRP 1.1 (d) of Appendix FM of HC
395 (as amended)

Paragraph D-LTRPT 1.3 with reference to paragraph R-LTRPT 1.1 (d) of Appendix FM of
HC 395 (as amended)

Paragraph 276CE with reference to paragraph 276ADE (Hi) — (vi) ofHC395 (as amended)

XXXXXXXXXXXXXXXXXX applied on your behalf for leave to remain in the United Kingdom on the
basis of your family life, but your application has been refused.
In refusing your application consideration has been given to your family life under Article 8 which
from 9th July 2012 falls under Appendix FM EX.1 of the rules.
Decision under Appendix FM

The requirements of Appendix FM R-LTRP 1.1 are that the applicant must not fall for refusal under
Section S-LTR: Suitability leave to remain; and the applicant must meet the requirements of
paragraphs E-LTRP 1.2 — 1.12 and E-LTRP 2.1 of Section E-LTRP: Eligibility for leave to remain
as a partner and paragraph EX.1, applies.
You meet the requirements of S-LTR Suitability leave to remain.
The requirements of section E-LTRP 1.2 state that the applicant's partner must be —

(a) a British Citizen in the UK;
(b) present and settled in the UK; or
(c) in the UK with refugee leave or as a person with humanitarian protection.
Your partner Mr XXXXXX is now a naturalised British Citizen in the UK.
In the Immigration Rules, Partner means a person who has been living with the applicant in a
relationship akin to marriage for at least 2 years prior to the date of application. We are aware
from the Representatives letter dated 06 July 2013 that you have just resumed a relationship with Mr
XXXXXX. When your application was originally submitted in 2012 it was on the basis of your
relationship with your 3 children, there was no mention of Mr XXXXXi. We are therefore not
satisfied that you have been in a relationship with MrXXXXXX for at least 2 years prior to the date of
ICD.2242 1
your application. We are not satisfied that the relationship between you and your partner is gem.

and subsisting. You therefore do not meet the requirements of E-LTRP 1.7.
As you do not meet the requirements of paragraphs E-LTRP 1.2-1.12, paragraph HX1 will not
apply.
As you have a relationship with 3 children, we have also considered your application under the
Parent route R-LTRPT: Requirements for limited leave to remain as a parent.

The requirements to be met for limited leave to remain as a parent are that the applicant must not
fall for refusal under S-LTR: Suitability leave to remain; and the applicant must meet the
requirements of paragraph R-LTRPT 2.2-2.4. and E-LTRPT 3.1 and paragraph EX1 applies.
The child of the applicant must be -
(a) under the age of 18 at the date of application;
(b) living in the UK; and
(c) a British Citizen or settled in the UK.
You have 3 children all of whom are under the age of 18, living in the UK and are all British
Citizens.

The applicant must have sole parental responsibility for the child or the child normally lives with
the applicant. As the Representatives letter dated 06 July 2013 clearly states, you are now living with
your partner Mr XXXXXXi, you all live together with your 3 children as a family unit.

The parent with whom the child normally lives must be a British Citizen in the UK and not the
partner of the applicant (which here includes a person who has been in a relationship with the
applicant for less than 2 years prior to the date of application) and the applicant must not be eligible
to apply tor leave to remain as a partner under this Appendix.
You are living with your partner and you have joint responsibility for your children. You do not
meet the requirements of E-LTRPT 2.3.
As you do not meet the requirements of paragraphs E-LTRPT.2.2 -2.4, paragraph EX1 will not
apply.

EX. 1. This paragraph applies if
(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years; or was under the age of 18 years when
the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the
7 years immediately preceding the date of application; and
(ii) it would not be reasonable to expect the child to leave the UK;
We have carefully considered your application, however whilst we acknowledge that you have a
genuine and subsisting parental relationship with your 3 children your application falls for refusal
under the eligibility requkements of the Immigration Rules as set out earlier which are mandatory
requirements which apply to all applicants regardless of whether the EX.l. exemption criteria is met.

As you have failed to meet these eligibility requirements, you cannot benefit from the criteria as set
out at EX.l.
We have also considered the additional circumstances you have raised in the application specifically
your length of residence in the UK. This is now addressed under the private life consideration
detailed below. However, we do not consider the grounds that you have raised amount to
exceptional circumstances as to support a grant of limited leave to remain Outside the Immigration
Rules.
ICD.2242 2

In refusing your application consideration has been given to your private life under Article 8 which
from 9th July 2012 falls under paragraph 276ADE of the rules.
The requirements of the rules state that the applicant;
has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting
any period of imprisonment); or
is aged 18 years or above and under 25 years and has spent at least half of his life residing
continuously in the UK (discounting any period of imprisonment); or
is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any
period of imprisonment) but has no ties (including social, cultural or family) with the country to
which he would have to go if required to leave the UK.
You claim to have entered the United Kingdom in 1997, although have been unable to provide any
evidence to support this. We do not accept your claim to have lived in the UK since 1997. You have
not lived in the UK for at least 20 years, you were not under the age of 18 or between the age of 18-
25 at the date of your application. You were aged 30 years at the date of application, and have lived
the majority of your life in Nigeria. You cannot show that you have no social or cultural ties to your
home country. In view of this the Secretary of State is not satisfied that you are able to meet the
requirements of Paragraph 276ADE (iii) — (vi) as stated above.
An application was made on your behalf on 23 April 2012. However, you do not have any leave to
remain in the UK. You therefore did not have leave to remain at the time of your application.
Your application for leave to remain in the United Kingdom has been refused and you no longer
have any known basis of stay here. There is no right of appeal against this refusal.

Your case has been transferred to your local enforcement office. You must now contact them
(between the hours of 9am and 5pm, Monday to Friday) by telephone on 0207 238 0131/0132 by 01
August 2013 at the latest to discuss your departure from the United Kingdom. We advise you to
refrain from making any travel arrangements until you have discussed your case with your local
enforcement office who will arrange to obtain your documents.
Should you fail to leave enforcement action will be taken against you. Further consideration can be
given to your case at that stage which could result in you being served with an enforcement decision
which may generate a right of appeal.
Signed:
od -
on behalf of the Secretary of State
Date: 18 July 2013
Encs:
Supporting Documents
ICD.2242

[Kukuwife]

In my opinion you got two options
1. JR
2. Appeal despite you don't have an appeal right. Good solicitor know how to go round it.

[sedor21]

In my opinion you got two options
1. JR
2. Appeal despite you don't have an appeal right. Good solicitor know how to go round it.

Thanks for your advice please do you know how long the JR normally take please

[Kukuwife]

The JR could take between 6month or more depending on the court, however, it also a bit costly but it could be the best option
Having said that, and carefully re- read the refusal if you can provide evident of residing with your wife over 2 years I think it will be a easy win win case in court.

[Kukuwife]

Pls read this case it seems similar
http://ukhumanrightsblog.com/2013/02/04 ... article-8/

[sedor21]

The JR could take between 6month or more depending on the court, however, it also a bit costly but it could be the best option
Having said that, and carefully re- read the refusal if you can provide evident of residing with your wife over 2 years I think it will be a easy win win case in court.

Thanks we dont have evident that we have been living together for 2yr but am a register disable person with the DWP and i have the medical evident to prove it , i was able to walk properly . because with my disability there is no way i can take care of three children.

[sedor21]

Pls read this case it seems similar
http://ukhumanrightsblog.com/2013/02/04 ... article-8/

And what time or when can we put in a JR please.

[Obie]

Judicial review has to be initiated promptly, or in any event not more than 3 months after the decision you are seeking to review was made.

It seems strange that the rules are seeking to promote one parent family.

The effect of this interpretation, is to essentially encourage a wife to divorce their husband, or for partners to separate, and then they will qualify. Utterly crazy.

No regards is been given to Chikwamba.

Perhaps you should possibly join with the OP on this thread i think it is east597news, who has similar case involving the same issue and refusal, and you can both do joint claim, and share counsel fee, as this will reduce your legal cost significantly.

[sedor21]

Judicial review has to be initiated promptly, or in any event not more than 3 months after the decision you are seeking to review was made.

It seems strange that the rules are seeking to promote one parent family.

The effect of this interpretation, is to essentially encourage a wife to divorce their husband, or for partners to separate, and then they will qualify. Utterly crazy.

No regards is been given to Chikwamba.

Perhaps you should possibly join with the OP on this thread i think it is east597news, who has similar case involving the same issue and refusal, and you can both do joint claim, and share counsel fee, as this will reduce your legal cost significantly.

@Obie thanks for your advice do you think my case will be better for JR or i should wait for me and my partner to build a 2yr address together.

[verbina]

May I just say that this is the most disgraceful example of injustice!
All the best of luck for you and your family!
Sorry I couldnt make any constructive suggestion, but @Obie 's advice is exceptional!! Hurry along and get in touch with the other person and split the costs!!

[Obie]

Judicial review has to be initiated promptly, or in any event not more than 3 months after the decision you are seeking to review was made.

It seems strange that the rules are seeking to promote one parent family.

The effect of this interpretation, is to essentially encourage a wife to divorce their husband, or for partners to separate, and then they will qualify. Utterly crazy.

No regards is been given to Chikwamba.

Perhaps you should possibly join with the OP on this thread i think it is east597news, who has similar case involving the same issue and refusal, and you can both do joint claim, and share counsel fee, as this will reduce your legal cost significantly.

@Obie thanks for your advice do you think my case will be better for JR or i should wait for me and my partner to build a 2yr address together.

Your case should be suitable for JR. It is not proper for you partner to stay in the UK undocumented and having to wait to accrue 2 years, and then have to wait for further year or 2 for application to be decided. Not to mention possible rule change, and whether this lunatic of a government might be of the view that pulling out of the ECHR is in their world, in the UK's best interest, or will decide to make the rules more restrictive.
It is unfair and unreasonable to penalise someone because they are in a relationship with the father of the child, which is the only reason she has been refused, even though the relationship is not recognised under national rules, this cannot be right.

However the decision is ultimately yours, but i just feel it is not right.

[sedor21]

Judicial review has to be initiated promptly, or in any event not more than 3 months after the decision you are seeking to review was made.

It seems strange that the rules are seeking to promote one parent family.

The effect of this interpretation, is to essentially encourage a wife to divorce their husband, or for partners to separate, and then they will qualify. Utterly crazy.

No regards is been given to Chikwamba.

Perhaps you should possibly join with the OP on this thread i think it is east597news, who has similar case involving the same issue and refusal, and you can both do joint claim, and share counsel fee, as this will reduce your legal cost significantly.

@Obie thanks for your advice do you think my case will be better for JR or i should wait for me and my partner to build a 2yr address together.

Your case should be suitable for JR. It is not proper for you partner to stay in the UK undocumented and having to wait to accrue 2 years, and then have to wait for further year or 2 for application to be decided. Not to mention possible rule change, and whether this lunatic of a government might be of the view that pulling out of the ECHR is in their world, in the UK's best interest, or will decide to make the rules more restrictive.
It is unfair and unreasonable to penalise someone because they are in a relationship with the father of the child, which is the only reason she has been refused, even though the relationship is not recognised under national rules, this cannot be right.

However the decision is ultimately yours, but i just feel it is not right.

Thanks @Obie i think you are right the law could change at any time the best option now is to get good solicitor to put in the JR for us

[Obie]

It is worth a consideration, except of course you intend on getting married shortly.

[sedor21]

It is worth a consideration, except of course you intend on getting married shortly.

Yes the married is our intention after getting her DLR sorted out but now they are holding on to her passport and no borough will do marriage for you without passport .

[Obie]

The refusal to return her passport and hence allow you to marry can only add to strengthening any possible claim you may pursue.

[east579new]

It is worth a consideration, except of course you intend on getting married shortly.

Yes the married is our intention after getting her DLR sorted out but now they are holding on to her passport and no borough will do marriage for you without passport .

Not sure about this one as your partner doesn't need a marriage visa anymore (as i think they got rid of them). will a birth certificate not be enough?.
I also thought you could notify the UKBA of your intention to marry and they send you a piece of paper confirming you've notified them?.

All the registry office are bothered about is that its not a sham relationship(marriage) and with children to your partner its clearly NOT i would be surprised if they even asked you any questions about your relationship.

I hope someone will come along and give advise on marrying in the uk when the UKBA has the passport because i am just speculating.

Also see this read it all im pretty sure you don't need a passport to marry
http://www.ukba.homeoffice.gov.uk/sitec ... ion-of-coa

I wouldn't expect the UKBA to turn up on your wedding day it would be a total waste of time as you have children with your partner so it is clearly a genuine relationship they would be wasting there time and only prolonging the inevitable.

[Obie]

The COA has been abolished, but i believe for a marriage to be registered, a form of ID will be required.

[east579new]

And about this JR business obie our solicitor has advised us to wait a few more months until we have 2 years cohabitation or get married(build up more ammunition against the UKBA) then apply again because JR is very expensive and there are no guarantees.

And lets be honest what are they going to do in the meantime issue removal orders I THINK NOT because as you know it triggers the right of appeal(there you go cheaper than JR) but they will never do it.

There new tactic is to leave people in limbo hoping they give in and leave voluntarily, cutting of any access to the justice system ie legal aid to fight against them.

I read on one of these forums as well these barristers who asses if your case is worthy of JR are very reluctant to proceed in many of these type of cases because all the UKBA have have done so far is asked the person to leave voluntarily and haven't actually tried to remove.

In the long run its cheaper to sit it out and try and force a removal order as any court would find it disproportionate to separate a mother from there child.

[east579new]

The COA has been abolished, but i believe for a marriage to be registered, a form of ID will be required.

Birth certificate a photocopy of your passport then get it stamped by your solicitor and for them to confirm it was genuine maybe?
If any application was done by a solicitor they would have copied your passport page before sending the original with the application.

Just found this i thought you could ask for a letter as stated above
http://www.immigrationboards.com/viewto ... 1511d218bb

[Obie]

And about this JR business obie our solicitor has advised us to wait a few more months until we have 2 years cohabitation or get married(build up more ammunition against the UKBA) then apply again because JR is very expensive and there are no guarantees.

And lets be honest what are they going to do in the meantime issue removal orders I THINK NOT because as you know it triggers the right of appeal(there you go cheaper than JR) but they will never do it.

There new tactic is to leave people in limbo hoping they give in and leave voluntarily, cutting of any access to the justice system ie legal aid to fight against them.

I read on one of these forums as well these barristers who asses if your case is worthy of JR are very reluctant to proceed in many of these type of cases because all the UKBA have have done so far is asked the person to leave voluntarily and haven't actually tried to remove.

In the long run its cheaper to sit it out and try and force a removal order as any court would find it disproportionate to separate a mother from there child.

Well that is one of the option open to you, but for reasons i gave to OP, it is not an option i like very much, and it causes lots of legal uncertainties.

What if when your 2 years has elapsed, rules have changed or made more stringent, you spoouse continue to live in the UK illegally until then. Having to wait another year for a new application to be processed.

The pace at which rules are changing, i am not comfortable with waiting.

However, it is the opinion of your solicitor, i am sure he has his reasons for expressing it.

[sedor21]

And about this JR business obie our solicitor has advised us to wait a few more months until we have 2 years cohabitation or get married(build up more ammunition against the UKBA) then apply again because JR is very expensive and there are no guarantees.

And lets be honest what are they going to do in the meantime issue removal orders I THINK NOT because as you know it triggers the right of appeal(there you go cheaper than JR) but they will never do it.

There new tactic is to leave people in limbo hoping they give in and leave voluntarily, cutting of any access to the justice system ie legal aid to fight against them.

I read on one of these forums as well these barristers who asses if your case is worthy of JR are very reluctant to proceed in many of these type of cases because all the UKBA have have done so far is asked the person to leave voluntarily and haven't actually tried to remove.

In the long run its cheaper to sit it out and try and force a removal order as any court would find it disproportionate to separate a mother from there child.

Well that is one of the option open to you, but for reasons i gave to OP, it is not an option i like very much, and it causes lots of legal uncertainties.

What if when your 2 years has elapsed, rules have changed or made more stringent, you spoouse continue to live in the UK illegally until then. Having to wait another year for a new application to be processed.

The pace at which rules are changing, i am not comfortable with waiting.

However, it is the opinion of your solicitor, i am sure he has his reasons for expressing it.

I think Obie is right because these useless HO can change there law at anytime .

[fabiha]

Home Office
UK Border
Agency
Reference: XXXXXX
Home Office UK Border Agency
NOTICE OF DECISION
REFUSALTO GRANT LEAVE TO REMAIN
Paragraph D-LTRP.1.3 with reference to paragraph R-LTRP 1.1 (d) of Appendix FM of HC
395 (as amended)

Paragraph D-LTRPT 1.3 with reference to paragraph R-LTRPT 1.1 (d) of Appendix FM of
HC 395 (as amended)
Paragraph 276CE with reference to paragraph 276ADE (Hi) — (vi) ofHC395 (as amended)

XXXXXXXXXXXXXXXXXX applied on your behalf for leave to remain in the United Kingdom on the
basis of your family life, but your application has been refused.
In refusing your application consideration has been given to your family life under Article 8 which
from 9th July 2012 falls under Appendix FM EX.1 of the rules.
Decision under Appendix FM

The requirements of Appendix FM R-LTRP 1.1 are that the applicant must not fall for refusal under
Section S-LTR: Suitability leave to remain; and the applicant must meet the requirements of
paragraphs E-LTRP 1.2 — 1.12 and E-LTRP 2.1 of Section E-LTRP: Eligibility for leave to remain
as a partner and paragraph EX.1, applies.
You meet the requirements of S-LTR Suitability leave to remain.
The requirements of section E-LTRP 1.2 state that the applicant's partner must be —

(a) a British Citizen in the UK;
(b) present and settled in the UK; or
(c) in the UK with refugee leave or as a person with humanitarian protection.
Your partner Mr XXXXXX is now a naturalised British Citizen in the UK.
In the Immigration Rules, Partner means a person who has been living with the applicant in a
relationship akin to marriage for at least 2 years prior to the date of application. We are aware
from the Representatives letter dated 06 July 2013 that you have just resumed a relationship with Mr
XXXXXX. When your application was originally submitted in 2012 it was on the basis of your
relationship with your 3 children, there was no mention of Mr XXXXXi. We are therefore not
satisfied that you have been in a relationship with MrXXXXXX for at least 2 years prior to the date of
ICD.2242 1
your application. We are not satisfied that the relationship between you and your partner is gem.

and subsisting. You therefore do not meet the requirements of E-LTRP 1.7.
As you do not meet the requirements of paragraphs E-LTRP 1.2-1.12, paragraph HX1 will not
apply.
As you have a relationship with 3 children, we have also considered your application under the
Parent route R-LTRPT: Requirements for limited leave to remain as a parent.

The requirements to be met for limited leave to remain as a parent are that the applicant must not
fall for refusal under S-LTR: Suitability leave to remain; and the applicant must meet the
requirements of paragraph R-LTRPT 2.2-2.4. and E-LTRPT 3.1 and paragraph EX1 applies.
The child of the applicant must be -
(a) under the age of 18 at the date of application;
(b) living in the UK; and
(c) a British Citizen or settled in the UK.
You have 3 children all of whom are under the age of 18, living in the UK and are all British
Citizens.

The applicant must have sole parental responsibility for the child or the child normally lives with
the applicant. As the Representatives letter dated 06 July 2013 clearly states, you are now living with
your partner Mr XXXXXXi, you all live together with your 3 children as a family unit.

The parent with whom the child normally lives must be a British Citizen in the UK and not the
partner of the applicant (which here includes a person who has been in a relationship with the
applicant for less than 2 years prior to the date of application) and the applicant must not be eligible
to apply tor leave to remain as a partner under this Appendix.
You are living with your partner and you have joint responsibility for your children. You do not
meet the requirements of E-LTRPT 2.3.
As you do not meet the requirements of paragraphs E-LTRPT.2.2 -2.4, paragraph EX1 will not
apply.

EX. 1. This paragraph applies if
(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years; or was under the age of 18 years when
the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the
7 years immediately preceding the date of application; and
(ii) it would not be reasonable to expect the child to leave the UK;
We have carefully considered your application, however whilst we acknowledge that you have a
genuine and subsisting parental relationship with your 3 children your application falls for refusal
under the eligibility requkements of the Immigration Rules as set out earlier which are mandatory
requirements which apply to all applicants regardless of whether the EX.l. exemption criteria is met.

As you have failed to meet these eligibility requirements, you cannot benefit from the criteria as set
out at EX.l.
We have also considered the additional circumstances you have raised in the application specifically
your length of residence in the UK. This is now addressed under the private life consideration
detailed below. However, we do not consider the grounds that you have raised amount to
exceptional circumstances as to support a grant of limited leave to remain Outside the Immigration
Rules.
ICD.2242 2

In refusing your application consideration has been given to your private life under Article 8 which
from 9th July 2012 falls under paragraph 276ADE of the rules.
The requirements of the rules state that the applicant;
has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting
any period of imprisonment); or
is aged 18 years or above and under 25 years and has spent at least half of his life residing
continuously in the UK (discounting any period of imprisonment); or
is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any
period of imprisonment) but has no ties (including social, cultural or family) with the country to
which he would have to go if required to leave the UK.
You claim to have entered the United Kingdom in 1997, although have been unable to provide any
evidence to support this. We do not accept your claim to have lived in the UK since 1997. You have
not lived in the UK for at least 20 years, you were not under the age of 18 or between the age of 18-
25 at the date of your application. You were aged 30 years at the date of application, and have lived
the majority of your life in Nigeria. You cannot show that you have no social or cultural ties to your
home country. In view of this the Secretary of State is not satisfied that you are able to meet the
requirements of Paragraph 276ADE (iii) — (vi) as stated above.
An application was made on your behalf on 23 April 2012. However, you do not have any leave to
remain in the UK. You therefore did not have leave to remain at the time of your application.
Your application for leave to remain in the United Kingdom has been refused and you no longer
have any known basis of stay here. There is no right of appeal against this refusal.

Your case has been transferred to your local enforcement office. You must now contact them
(between the hours of 9am and 5pm, Monday to Friday) by telephone on 0207 238 0131/0132 by 01
August 2013 at the latest to discuss your departure from the United Kingdom. We advise you to
refrain from making any travel arrangements until you have discussed your case with your local
enforcement office who will arrange to obtain your documents.
Should you fail to leave enforcement action will be taken against you. Further consideration can be
given to your case at that stage which could result in you being served with an enforcement decision
which may generate a right of appeal.
Signed:
od -
on behalf of the Secretary of State
Date: 18 July 2013
Encs:
Supporting Documents
ICD.2242

Hi I got the same statement from Home Office if any one ther who can tell me how i can ask them to re-consider my case and when i ask for re-consideration what documents should i send them all my file again or what please reply me
Thanks
Fabiha

[sedor21]

Home Office
UK Border
Agency
Reference: XXXXXX
Home Office UK Border Agency
NOTICE OF DECISION
REFUSALTO GRANT LEAVE TO REMAIN
Paragraph D-LTRP.1.3 with reference to paragraph R-LTRP 1.1 (d) of Appendix FM of HC
395 (as amended)

Paragraph D-LTRPT 1.3 with reference to paragraph R-LTRPT 1.1 (d) of Appendix FM of
HC 395 (as amended)
Paragraph 276CE with reference to paragraph 276ADE (Hi) — (vi) ofHC395 (as amended)

XXXXXXXXXXXXXXXXXX applied on your behalf for leave to remain in the United Kingdom on the
basis of your family life, but your application has been refused.
In refusing your application consideration has been given to your family life under Article 8 which
from 9th July 2012 falls under Appendix FM EX.1 of the rules.
Decision under Appendix FM

The requirements of Appendix FM R-LTRP 1.1 are that the applicant must not fall for refusal under
Section S-LTR: Suitability leave to remain; and the applicant must meet the requirements of
paragraphs E-LTRP 1.2 — 1.12 and E-LTRP 2.1 of Section E-LTRP: Eligibility for leave to remain
as a partner and paragraph EX.1, applies.
You meet the requirements of S-LTR Suitability leave to remain.
The requirements of section E-LTRP 1.2 state that the applicant's partner must be —

(a) a British Citizen in the UK;
(b) present and settled in the UK; or
(c) in the UK with refugee leave or as a person with humanitarian protection.
Your partner Mr XXXXXX is now a naturalised British Citizen in the UK.
In the Immigration Rules, Partner means a person who has been living with the applicant in a
relationship akin to marriage for at least 2 years prior to the date of application. We are aware
from the Representatives letter dated 06 July 2013 that you have just resumed a relationship with Mr
XXXXXX. When your application was originally submitted in 2012 it was on the basis of your
relationship with your 3 children, there was no mention of Mr XXXXXi. We are therefore not
satisfied that you have been in a relationship with MrXXXXXX for at least 2 years prior to the date of
ICD.2242 1
your application. We are not satisfied that the relationship between you and your partner is gem.

and subsisting. You therefore do not meet the requirements of E-LTRP 1.7.
As you do not meet the requirements of paragraphs E-LTRP 1.2-1.12, paragraph HX1 will not
apply.
As you have a relationship with 3 children, we have also considered your application under the
Parent route R-LTRPT: Requirements for limited leave to remain as a parent.

The requirements to be met for limited leave to remain as a parent are that the applicant must not
fall for refusal under S-LTR: Suitability leave to remain; and the applicant must meet the
requirements of paragraph R-LTRPT 2.2-2.4. and E-LTRPT 3.1 and paragraph EX1 applies.
The child of the applicant must be -
(a) under the age of 18 at the date of application;
(b) living in the UK; and
(c) a British Citizen or settled in the UK.
You have 3 children all of whom are under the age of 18, living in the UK and are all British
Citizens.

The applicant must have sole parental responsibility for the child or the child normally lives with
the applicant. As the Representatives letter dated 06 July 2013 clearly states, you are now living with
your partner Mr XXXXXXi, you all live together with your 3 children as a family unit.

The parent with whom the child normally lives must be a British Citizen in the UK and not the
partner of the applicant (which here includes a person who has been in a relationship with the
applicant for less than 2 years prior to the date of application) and the applicant must not be eligible
to apply tor leave to remain as a partner under this Appendix.
You are living with your partner and you have joint responsibility for your children. You do not
meet the requirements of E-LTRPT 2.3.
As you do not meet the requirements of paragraphs E-LTRPT.2.2 -2.4, paragraph EX1 will not
apply.

EX. 1. This paragraph applies if
(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years; or was under the age of 18 years when
the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the
7 years immediately preceding the date of application; and
(ii) it would not be reasonable to expect the child to leave the UK;
We have carefully considered your application, however whilst we acknowledge that you have a
genuine and subsisting parental relationship with your 3 children your application falls for refusal
under the eligibility requkements of the Immigration Rules as set out earlier which are mandatory
requirements which apply to all applicants regardless of whether the EX.l. exemption criteria is met.

As you have failed to meet these eligibility requirements, you cannot benefit from the criteria as set
out at EX.l.
We have also considered the additional circumstances you have raised in the application specifically
your length of residence in the UK. This is now addressed under the private life consideration
detailed below. However, we do not consider the grounds that you have raised amount to
exceptional circumstances as to support a grant of limited leave to remain Outside the Immigration
Rules.
ICD.2242 2

In refusing your application consideration has been given to your private life under Article 8 which
from 9th July 2012 falls under paragraph 276ADE of the rules.
The requirements of the rules state that the applicant;
has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting
any period of imprisonment); or
is aged 18 years or above and under 25 years and has spent at least half of his life residing
continuously in the UK (discounting any period of imprisonment); or
is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any
period of imprisonment) but has no ties (including social, cultural or family) with the country to
which he would have to go if required to leave the UK.
You claim to have entered the United Kingdom in 1997, although have been unable to provide any
evidence to support this. We do not accept your claim to have lived in the UK since 1997. You have
not lived in the UK for at least 20 years, you were not under the age of 18 or between the age of 18-
25 at the date of your application. You were aged 30 years at the date of application, and have lived
the majority of your life in Nigeria. You cannot show that you have no social or cultural ties to your
home country. In view of this the Secretary of State is not satisfied that you are able to meet the
requirements of Paragraph 276ADE (iii) — (vi) as stated above.
An application was made on your behalf on 23 April 2012. However, you do not have any leave to
remain in the UK. You therefore did not have leave to remain at the time of your application.
Your application for leave to remain in the United Kingdom has been refused and you no longer
have any known basis of stay here. There is no right of appeal against this refusal.

Your case has been transferred to your local enforcement office. You must now contact them
(between the hours of 9am and 5pm, Monday to Friday) by telephone on 0207 238 0131/0132 by 01
August 2013 at the latest to discuss your departure from the United Kingdom. We advise you to
refrain from making any travel arrangements until you have discussed your case with your local
enforcement office who will arrange to obtain your documents.
Should you fail to leave enforcement action will be taken against you. Further consideration can be
given to your case at that stage which could result in you being served with an enforcement decision
which may generate a right of appeal.
Signed:
od -
on behalf of the Secretary of State
Date: 18 July 2013
Encs:
Supporting Documents
ICD.2242

Hi I got the same statement from Home Office if any one ther who can tell me how i can ask them to re-consider my case and when i ask for re-consideration what documents should i send them all my file again or what please reply me
Thanks
Fabiha

you can make a JR or if you can proof that you and your partner have been leaving together for 2yr you can reply then .

[fabiha]

Hi
Thanks for ur reply
I dont have 2 Years Cohabitation Proof
can u please tell me how i can proof them that we are living together from 2 years??? any idea ???
but at the time when i came in in UK as visitor my wife was British and i told the embassy in my home country that my wife is living in UK

so they should see their records that we are married and i also sent them Marriage certificate , and Marriage Pictures

Please reply
Thanks
Fabiha

[sedor21]

Hi
Thanks for ur reply
I dont have 2 Years Cohabitation Proof
can u please tell me how i can proof them that we are living together from 2 years??? any idea ???
but at the time when i came in in UK as visitor my wife was British and i told the embassy in my home country that my wife is living in UK

so they should see their records that we are married and i also sent them Marriage certificate , and Marriage Pictures

Please reply
Thanks
Fabiha

I think the best option for you is to see a good solicitor before the case get complicated because i dont think you inform the embassy in your home country that you will be living here after your visitor visa expire.