Dependant ILR application was refused because of 2 years rule(Ankara agreement, ECAA)

[husates]

Hello everyone,
This will be my first post. I am really in need of an urgent and feasible advice before deciding
what to do, as I have only 10 days left.

The matter is that I have applied to ILR via Ankara agreement with my wife(she is dependent on me) in August 2017. We got married in August 2016 and she has arrived the UK in December 2016. She received a 9 months visa which was dependent on my Ankara visa.

In December 2017, 4.1/2 months after our application I received my ILR visa, however, Home office rejected to give any kind of visa for my wife. The reason for their rejection was that my wife must have spent 2 years in the UK before the application time, but she was here almost 9 months. We made an admin review on 26th of December and its response arrived at the 24th of January. In the administrative review, I referred to a high court case (Aydogdu case) in which the Judge made a decision against home office. In their letter, however, they again rejected to give a visa. We have been given 14 days to decide what to do or leave the country.

I can give more details about the refusal letters if asked.

I am not sure what I can do other than looking for a judicial review.
with respect to the judicial review, I have concerns of high expenses and long time..

I am looking forward to hear from anyone of you guys who is familiar with this kind of a case.

Thanks

[husates]

any advice would be appreciated

[Obie]

Your partner has not resided in the UK for 2 years, so you should have applied for an extension as opposed to ILR.

[husates]

Dear Obie,
Thanks for the message.
I was going to do that, however, because of the Brexit atmosphere, I was worried if my right to apply for an indefinite may also be abolished. Because in our case, there was no two separate application possible, either we both had to extend or we both apply for ilr.

Anyway, at the moment I have no chance to go back. What would be your advice from now on.

Many thanks

[Obie]

I am puzzled as to why you relied upon Aydogdu. If anything, that case is anathema to your case.

It does not confer much assistance.

Do you have a child with your partner.

[husates]

not yet but she is 37 weeks pregnant.

[Obie]

The position you took in your case is totally misconceived, and the caselaw you showed Home Office, actually assists Home Office as opposed to you.

The case law essentially established that a Turkish self employed have no right to ILR, just like a worker, and that the right to ILR is a domestic rights as opposed to an EU law rights.

It establishes that Home Office could be correct to impose the requirements in E-ILRP on spouses of Turkish Self_employed. Essentially that provision requires 5 years residence.

It was therefore unhelpful to seek admin review on the basis of that case.

What you should have fought for, was further leave for your wife, rather than leaving her without any status, which is the present position she is faced with.

It is clear that you would have been hugely assisted by legal advise.

[husates]

The position you took in your case is totally misconceived, and the caselaw you showed Home Office, actually assists Home Office as opposed to you.

The case law essentially established that a Turkish self employed have no right to ILR, just like a worker, and that the right to ILR is a domestic rights as opposed to an EU law rights.

It establishes that Home Office could be correct to impose the requirements in E-ILRP on spouses of Turkish Self_employed. Essentially that provision requires 5 years residence.

It was therefore unhelpful to seek admin review on the basis of that case.

What you should have fought for, was further leave for your wife, rather than leaving her without any status, which is the present position she is faced with.

It is clear that you would have been hugely assisted by legal advise.

Dear Obie,
Thanks for this message again.

"It is clear that you would have been hugely assisted by legal advise."

I'll take this comment as your compliments because I had no legal advice other than some lay helps and basic research(Aydogdu is my friend but even himself has no full understanding of his case).

"What you should have fought for, was further leave for your wife, rather than leaving her without any status, which is the present position she is faced with."

This is a real advice. Thanks for this. by further leave do you mean flr visas?

Do you think they would work in my case?

All the best

[Obie]

Well his wife did not succeed in relation to the ILR matters even though they have been together for 19 months.

The Tribunal quash the home office decision as the wrong law was applied, but they adopted the Home Office construction of the law, which unfortunately did not assist your friend.

If anything, your friend's case makes it much harder for self employed Turks to gain ILR in future.

[husates]

Well his wife did not succeed in relation to the ILR matters even though they have been together for 19 months.

The Tribunal quash the home office decision as the wrong law was applied, but they adopted the Home Office construction of the law, which unfortunately did not assist your friend.

If anything, your friend's case makes it much harder for self employed Turks to gain ILR in future.

Thanks again Obie,

Yes, that is the case, unfortunately. Do you think I am eligible for flr(fp) premium application? and would this be a logical way to follow?


best