HELP PLS , 3months Gap, solicitor failed me!

[Shikenan]

Hello,
This is my first time posting but have been reading and getting helpful information from other posts here. I will really like to hear from others regarding my issue. Here’s is my timeline
Sept 2004 entered the UK with 1yr student visa
Married 2005 to a student ; extended visa until 2006
Continued extending until 2009 became dependent on hubby visa
July 2012 hubby was 10yrs;he gave solicitor who applied for ilr in may(wrong time)
Hubby visa refused (I was still dependent on him but I was in school with MSc )
Solicitor then applied for JR (stupid thing to do) saying we covered by Sec 3c leave
I finished school 2013 Andy my documents was still in home office.
2014 solicitor put in my application for my indefinite in October (another blunder)

To cut long story short, 3c leave did not cover me in May 2012 when I was a dependent so my leave was broken( found out having learnt the hard way). Hubby was instructed to report solicitor to ombudsman. Outcome showed solicitor failed us.

I appealed 2016 and was granted. I was 9yrs 8month. Judge told home office to reconsider.
Home office wrote me 3 months later that they were looking into it
Home Office wrote me in 2017 Oct (1year after) with a refusal. I was given right to appeal
Now am waiting for hearing.
PLEASE I NEED ADVICE ON HOW TO GO ABOUT WINNING MY CASE, as it was not my fault. We have changed solicitor too.
Sorry for the long story. Thanks in advance.
Any one with similar case? What are the chances?

[vinny]

Can you give more details of your and your husband's leave?

Include initial entry date, dates of applications, dates of expiries, dates of decisions, dates of absences, etc.

[Shikenan]

Hello and thanks Vinny for the quick response,
Hubby ied July 2002 with student visa ,renewed thru college until nov 2004
Appl nov2004 thru college, with payment proofs and postal order receipts, received visa March 2005(gap caused by school, found out through subject access when visa refused in 2012)
My ied is sept 2004, Married jan 2005; renewed no issues until 2009 I became depended on hubby visa ( and has remained up till now)
Hubby continued to renew successfully with me dependent
Hubby did Psw in 2010 after completion of masters
Hubby total absences in 10yrs is 40days
Hubby applied for ILr 10yr in sept 2012 (then I gained admiss 1yr MSc)
refused in july 2013 with appeal rights
Appealed jul 2013 but dismissed feb 2014
Appeal for perm with FTT refused April 2014
applied perm to appeal to UTT refused may 2014( appeal rights exhausted)
Solicitor applied for JR in May that hubby covered auto covered me too,
JR dismissed, changed solicitor after many hassles
Hubby appealed in with FTT and it was granted in Aug 2015
H/O refused, hubby appealed (twice can’t rember timeline) all dismissed
Hubby put fresh application March 2018

Solicitor put in my application for ILR Oct 2014(my document still with H/O)
Refused may 2015 that I was resident 9yr 8months. Apeal allowed
Appealed granted Oct 2016;
Received letter from H/O Oct 2016 ; 3weeks later from Post dec case worker unit that the implementation of the decision will be carried by the team in Sheffield
Complained to ombudsman about former solicitor in Oct 2017
H/O refused jan 2018 that I can appeal
Appealed feb 2018; hearing in June 2018

Hubby and me have no criminal record
He was absent for 40 days
I have not travelled since I entered this country (no absence except gap caused by solicitor), no children in country.

Apologies for long timeline. Giving me headache too
THANK YOU VERY MUCH .
S.

[vinny]

This is quite complicated. Are you going for an oral hearing?

[ouflak1]

Hubby total absences in 10yrs is 40days
Hubby applied for ILr 10yr in sept 2012 (then I gained admiss 1yr MSc)
refused in july 2013 with appeal rights

This is where things get puzzling for me. Why was he refused, as in what was the specific reason the Home Office gave? Assuming his leave was entirely legal and legitimate, he rather readily qualified under that route.

[Shikenan]

Thanks Vinny and Ouflak1 for your response.

In answer to your question Vinny, he is not going for oral hearing but rather putting a fresh application to H/O with his timeline.

To Ouflak, he was not given because of the gap in 2005 or else he would have qualified for ilr in 2012.
The 40 days are the travelling absence apart from the unknown gap in 2005.

I am hoping against hope and keeping a positive mind.
Thanks

[vinny]

What are the details of the gap in 2005?

[Obie]

I do not quite frankly fancy the chances of success on this matter, perhaps they may grant outside the rules.

I had similar matter, were solicitor messed up big time, and the judge simply looked at me, and said why should the Home Office suffer for the mistake of the lawyer.

The appalling judge appear to suggest to me, that granting ILR to the appellant will be punishing the Home Office. Such is the state of UKVI today.

[vinny]

So, this judge would rather punish the applicant?

They made the rules so complex and punish the applicant for not understanding them.

[Obie]

So, this judge would rather punish the applicant?

They made the rules so complex and punish the applicant for not understanding them.

I was taken aback by the twisted thinking of this judge.

I mentioned the appellant has suffered injustice from the solicitor and he should not be made to suffer the consequences.

He simply said, well is it the Home Office that must suffer it. He is one of those judges with an ability to ruin ones day with their venomous comments.

One of the only valid point he made, was that the lady does have current leave, which does not appear to be the case with this OP.

[vinny]

Similarly, It's unfortunate that the Court of Appeal has decided that there's no duty of fairness to a student whose CAS was cancelled without notice.

[Obie]

Similarly, It's unfortunate that the Court of Appeal has decided that there's no duty of fairness to the applicant.

God help us, the challenges are so plentiful. On a good day one can meet a judge who one can reason with. On a bad day you meet these monsters, who it will appear were simply created to make immigrant's live hell.

Some of them are so bold to make you know they are on Home Office side.

[Shikenan]

Thanks for all your inputs regarding this case,
@ vinny; hubby applied in time in Nov 2004 through his school, h/o claim they received it feb 2005. We have no proof as on when they recieved it and it’s not a on the SAR. We have now applied using FLR(FP).

@ Obie, Am just waiting to see the hand of God in the matter.Nothing is impossible I believe.

Thanks
S.

[Obie]

......

@ Obie, Am just waiting to see the hand of God in the matter.Nothing is impossible I believe.

Thanks
S.

I believe in the power of God indeed.

I pray it goes well for you. Take care.

[Shikenan]

Amen and thanks Obie.

[Shikenan]

Hello again,

Pls pls I need advice or suggestions for my upcoming hearing. My solicitor is helping to build a case for me but I will like suggestions of document that I will need to build up my case.
A quick recap of my time line:
Came in 2004 as student
Renewed subsequently until 2009 when I became dependent on my husband
Applied for ilr 2014 only to find out I had gap caused by solicitor in May 2014
Making my stay to be 9yrs 8month
H/o refused on this basis that I spent only 9yrs 8months, I appealed and was granted; H/O refused again. Now I am going for another Appeal.

From what I know, Solicitor asked me to get all documents to prove I have been in UK since 2004; pictures to show integration; references, proof of address. Please is there any document I need to help in fighting my case. I am also submitting outcome of my ombudsman report.

Thanks in advance,
S.

[Shikenan]

Hello All,
I will like to give 2 UPDATES,

Firstly hubby

fresh application ILR- outside of the immigration rules on the 9th March

Letter for Biometric came 16th March

10th April HO wrote solicitor and said no money in hubby account ( which is not true) we have never encountered this before. All forms filled and correct payment details sent. So don’t know why they made such allegations.

Hubby has photocopied his bank statement and given to solicitor to prove there was more than enough money for their taking and solicitor double checked to confirm that the account details where all correct and tally’s with the ones previously sent.

Now we are waiting. Has anyone experienced this before?. I will like to hear from you please.

My update

I received a letter from the tribunal in March and my hearing is in 2months time (June).
The Tribunal letter states the respondent( HO) to send their bundle to the appellant (me) first week of April . It’s 2 weeks now and we have not received any correspondence from HO.

Almost The same happened in Oct 2016,they did not send bundle and they didn’t show up during the hearing and I won the Appeal.

My solicitor says to give more time before preparing my bundle. Will this go against HO if they didn’t send bundle. I am praying for this to be a good sign for me.

Or what do you think?

Looking to hear for you all, Thanks in advance.

S.