Jr or reapply please advise

[similo]

hi, all need advise from your experiences
my partner had his FLRM application refused in Sept 2013, pre-action letter sent no response, lawyer has advised to lodge a jr application
background
overstayer (visitors visa)
been living with British citizen partner for over 2yrs
has a 2 yr old son at the time of the application he had ILR (but now has his british nationality)
partner earns more that what is required
proof of living together
refusal without an appeal
reasons
child not british
no english test
and overstayer
no obstacles to family life continuing in his home coutry

he has done english test and son had british nationality
Partner cannot be expected to reside in his country as she has no links, cannot maintain same standard of life as in the uk, child still under medical observation due to being born at 29 weeks

my question is , shall we go for jr or reapply after 3 months? what will you suggest. many thanks

[MPH80]

Or they get married, he returns home and applies as a spouse.

Easiest, quickest, simplest solution.

[Amber]

If the child was born in the UK, the child is entitled to register as British under section 1(3) BNA as the parent has ILR, if the child was born after the parent had ILR the child may already be British.

If the child is disabled, then a claim for DLA should be submitted for the child by the British parent, a DLA award would exempt the applicant from the financial requirement.

[similo]

Thank you both, child is now British
applicant partner meets the financial requirements
child not disabled
cant return home as he is a sole carer for his son while mother is in full time employment
cannot register marriage now, as ukba wont allow unless church wedding

[Casa]

'cannot register marriage now, as ukba wont allow unless church wedding'
Incorrect. The requirement to apply for a Certificate of Approval (COA) in order to marry in a Registry Office was withdrawn by the Home Office in May 2011. The Registrar however, does have a legal duty to report to the Home Office any marriage which he/she suspects is sham.

[vinny]

They simply arrest suspects.

Examples:

Man arrested before suspected sham marriage in Uxbridge
Sham marriage sentences
Two arrested before suspected sham marriage in Camden
Man arrested at suspected sham marriage wedding in Watford
Bride and groom charged following sham marriage operation in Belfast.

[similo]

thank you for your responses, we did not realize we could still marry i will ring up my registry office.
I think we might as well go ahead with the jr we are halfway through the process.
thank you

[similo]

update
jr application was put on Friday 29/11/13
Today 4/12/13 received an email from our solicitor stating application has been issued by the court- they (solicitor) will be serving it to the Respondent Home office
so we wait now...................

[similo]

Update on our case, this morning we received email and phone call from our solicitor
Tsol have written to us on the 30/12/13 stating below

Ukba are proposing us to withdraw the Judicial Review Claim and agreeing to reconsider our claim within 3 months of the date of the consent order and if they maintains their original decision then they will issue removal directions and that will give us a right of appeal but they might also decide to give my patner leave to remain. However, they’re of the view that no order as to costs should be made.

Our solicitor is of f the view that order for as to cost should be made in our favour as if they had responded to our Pre-Action Protocol letter and agreed to reconsider the claim at that stage then this would have prevented us incurring further legal cost of issuing Judicial Review claim. She propose to write back to them today
If you have any of you have any views, experiences please share with me please, eventhough we have a good solicitor this experience is very very unsettling
Happy New Year to all

[let_koko]

Update on our case, this morning we received email and phone call from our solicitor
Tsol have written to us on the 30/12/13 stating below

Ukba are proposing us to withdraw the Judicial Review Claim and agreeing to reconsider our claim within 3 months of the date of the consent order and if they maintains their original decision then they will issue removal directions and that will give us a right of appeal but they might also decide to give my patner leave to remain. However, they’re of the view that no order as to costs should be made.

Our solicitor is of f the view that order for as to cost should be made in our favour as if they had responded to our Pre-Action Protocol letter and agreed to reconsider the claim at that stage then this would have prevented us incurring further legal cost of issuing Judicial Review claim. She propose to write back to them today
If you have any of you have any views, experiences please share with me please, eventhough we have a good solicitor this experience is very very unsettling
Happy New Year to all

Dear similo
Your case is very similar to that of my partner, I can assure you, your lawyer is on the right track, In my partners case, we wrote back to Tsol and they agreed to pay the cost incurred
We are now waiting for them to reconsider their original decision, what i will advise you to do is, get all relevant documents on ground just in case they ask for more, and you will be fine
Good Luck

[similo]

Thank you let_koko, for sharing that with me.... Only God knows what else they will come up with now
Crossing my fingers
All the best to you too

[similo]

Update
Today ukba have agreed to pay our cost for lodging the jr and also would reconsider our case within 3 months
It is moving so fast I fear another refusal?

[let_koko]

Update
Today ukba have agreed to pay our cost for lodging the jr and also would reconsider our case within 3 months
It is moving so fast I fear another refusal?

We got a letter from HO after waiting for about 4 months and the application is finally approved

[similo]

I'm so happy and grateful to almighty God. At last my partner has been granted 30months. Thanks to you all that responded to my post God bless you. Those who are still waiting keep strong, failer is not an option.
Thank you xx