how many times can you reapply after rejected and appealed?

[Imigrasyon]

A friend of mine has this issue: she made an application for ILR and she was refused because they didn't believe she was married to her husband. Although, she is married to him for 5 years and they even have a child.

So her ILR was refused and she appealed under human rights. What happens if that appeal is rejected? Would she have another chance? Can she reapply? Is there a limit on how many times she can reapply? Her visa will be running out soon too...

Help would be muchly appreaciated, you guys seem very helpful

[CR001]

Having a child doesn't prove subsisting marriage.

What category of visa does she hold?

How long has she been in the UK and on what visas?

What is her husband immigration status in the UK?

[Imigrasyon]

She has been here for about 2-3 years and she applied to get her ilr because her husband has a business in uk and he was accepted by ECAA-he is an immigrant now (so he is turkish and there is an agreement that allows you to immigrate to uk if you have a business in uk and also allows to bring your spouse). She wants to come as his wife, their kid was born in uk.

I'm sorry, I don't know the name/status of her current visa

[Casa]

Are you sure she applied for ILR? She needs 5 years of residence in the UK before qualifying for settlement (ILR).

[Imigrasyon]

She applied for an indefinite leave to remain as the spouse of her husband under ECAA. The letter also says "but your partner does not have leave as a Turkish ECAA and therefore standstill clause does not apply in this instance"

In quotes is what her rejection letter says followed by them not believing their marriage is genuine. Is what's said in the quote disqualifying her in applying again or, tbh I don't know what the quote means, if you know could you elaborate?

[Imigrasyon]

If he makes his business under his and his wife's name, would his wife be able to succeed in that way?(getting an immigrant status)

[Casa]

She applied for an indefinite leave to remain as the spouse of her husband under ECAA. The letter also says "but your partner does not have leave as a Turkish ECAA and therefore standstill clause does not apply in this instance"

In quotes is what her rejection letter says followed by them not believing their marriage is genuine. Is what's said in the quote disqualifying her in applying again or, tbh I don't know what the quote means, if you know could you elaborate?

I interpret this to mean that her husband is not fulfilling the requirements for a Turkish ECAA business person.

[CR001]

I would suggest you ask her or her husband to register on the forum and post the situation and questions themselves. It will be a lot quicker and easier than trying to do this through a third person.

[vinny]

I'm sorry, I don't know the name/status of her current visa

This would be significant information.

[Imigrasyon]

She applied for an indefinite leave to remain as the spouse of her husband under ECAA. The letter also says "but your partner does not have leave as a Turkish ECAA and therefore standstill clause does not apply in this instance"

In quotes is what her rejection letter says followed by them not believing their marriage is genuine. Is what's said in the quote disqualifying her in applying again or, tbh I don't know what the quote means, if you know could you elaborate?

I interpret this to mean that her husband is not fulfilling the requirements for a Turkish ECAA business person.

On the bottom of the letter, it says "Mr AB was granted indefinite leave to remain in UK after meetig requirements of paragraphs 4 and 28 of the after entry 1973 businessperson rulea(HCS10). This then removed his time limit of Mr AB and subjects him to immigration rules. Due to this, Mr AB is no longer subject to the standstill clause as an ECAA person.

So I'm guessing he applied with the wrong rights for his wife? Should he have applied to a "Family of a settled person' visa

[Casa]

At that's clearer! Yes, his wife is now required to apply for a spouse settlement visa under the UK Immigration Rules.

Is she in the UK at present? As has already been advised, you need to clarify what category of visa she currently holds...if any.

[Imigrasyon]

At that's clearer! Yes, his wife is now required to apply for a spouse settlement visa under the UK Immigration Rules.

Is she in the UK at present? As has already been advised, you need to clarify what category of visa she currently holds...if any.

Thanks for making this clear, I will ask her and inform you asap

[Imigrasyon]

Her application is one that is 'the dependant of a person who has a business in UK based on an EEA agreement.

Her husband is saying that the EEA and the guidelines set by the government about the 30 month limit is contradictory and that's why he is taking the court to Human Rights to appeal against it.

He referred to the zambrano case too.
What is his chance to win in such a situation?

It will be a judicial review.

[Casa]

Where does the husband believe that Zambrano applies? I'm assuming that the child isn't a British citizen?

"At all times whilst the Zambrano conditions are met, the carer has the right not to have action taken to remove her from the country if the effect would be to deprive the child of his or her right, as a citizen of the EU, to remain within the EU."

AND (for Case Workers)

....you must assess whether there is another direct relative, legal guardian, or in
the case of adults, a private or local authority in the UK, who is either:
 already providing care for the British citizen, or
 is able to assume care for the British citizen.

[Imigrasyon]

Where does the husband believe that Zambrano applies? I'm assuming that the child isn't a British citizen?

"At all times whilst the Zambrano conditions are met, the carer has the right not to have action taken to remove her from the country if the effect would be to deprive the child of his or her right, as a citizen of the EU, to remain within the EU."

AND (for Case Workers)

....you must assess whether there is another direct relative, legal guardian, or in
the case of adults, a private or local authority in the UK, who is either:
 already providing care for the British citizen, or
 is able to assume care for the British citizen.

THe child was born in the UK and is a brotish Cotizen and it applies because Zambrano (C34/09), established that member states cannot refuse a person the right to reside and work in the host member state, where that person is the primary carer of a Union citizen who is residing in their member state of nationality and refusal of a right of residence to that primary carer would deprive the Union citizen of the substance of their European citizenship rights by forcing them to leave the EEA.

About the second point, the kid has a father too so would they argue saying "the father can look after the child"? or the government can? If in any circumstance, they have to leave the UK, the mother will take the child with her. The mother is the main carer, her father works all day

[Casa]

The father could take over the care as in "is able to assume care for the British citizen."

When did the child register as a British citizen?

You said what application the wife has submitted which has been refused, but you still haven't confirmed what category of residence she currently holds.

[Imigrasyon]

The father could take over the care as in "is able to assume care for the British citizen."

When did the child register as a British citizen?

You said what application the wife has submitted which has been refused, but you still haven't confirmed what category of residence she currently holds.

The child registered last year in summer
The wife's visa is currently expired, she came to uk with the ankara agreement as the dependant of her husband (her husband has a business in uk). They appealed to have a judicial agreement due to inconsistency in law

[Imigrasyon]

Also, they were told that they can only appeal against their decision so they can't reapply. They want to know how likely it is for this appeal to actually be granted (they appealed against it relying on human rights and will be looking to go through a juidicial review)

[Casa]

They have 14 days from the notification of the refusal to appeal. Are they within the time scale?

An appeal under Article 8 will require compelling evidence of why they will be unable to have a family life together outside of the UK. A British child doesn't automatically guarantee the right to remain in the UK.

Are the parents both Turkish nationals? What age is the child?

[Imigrasyon]

They have 14 days from the notification of the refusal to appeal. Are they within the time scale?

An appeal under Article 8 will require compelling evidence of why they will be unable to have a family life together outside of the UK. A British child doesn't automatically guarantee the right to remain in the UK.

Are the parents both Turkish nationals? What age is the child?

They have already appealed within the time frame.

About the father, I have already stated this: " On the bottom of the letter, it says "Mr AB was granted indefinite leave to remain in UK after meeting the requirements of paragraphs 4 and 28 of the after entry 1973 business rules(HCS10). This then removed his time limit and subjects him to immigration rules. Due to this, Mr AB is no longer subject to the standstill clause as an ECAA person."

The child is 2 in March.

[Casa]

Yes, but unless I've missed it I don't believe you've confirmed whether the wife has Turkish nationality.

With a very young child, an appeal under Human Rights will be a tough one to win as it may well be considered that a 2 year old child will easily adapt to life with their parents outside of the UK.

Do they have legal representation?

Why is the validity of their marriage doubted?

[Imigrasyon]

Yes, but unless I've missed it I don't believe you've confirmed whether the wife has Turkish nationality.

With a very young child, an appeal under Human Rights will be a tough one to win as it may well be considered that a 2 year old child will easily adapt to life with their parents outside of the UK.

Do they have legal representation?

Why is the validity of their marriage doubted?

Yes the wife has Turkish nationality, I think it's doubted because they have applied separately. Her husband applied 1 year before his wife because he got told by a solicitor that he has to wait 2 years before applying for his wife's dependance visa so that's what they did and they are using it against them.

They will have legal representation

[Casa]

In which case, having a common nationality and no fear of persecution in their home country of Turkey, in my honest opinion a Human Rights claim has a slim chance of succeeding.

However, best leave this to their legal rep who has all facts of the case.

[vinny]

Her husband applied 1 year before his wife because he got told by a solicitor that he has to wait 2 years before applying for his wife's dependance visa

That didn't make any sense. Did he query the solicitor further?

An option may be for her to apply for a spouse visa from Turkey.

[Imigrasyon]

Thank you everyone