in need of help, been refused at appeal for ILR

[shouldbestraightforward]

I'm a British Citizen and have lived most of my life in the UK, white British have been married to my husband for coming up 5 years together for almost 8 years. We lived as a married couple in UK for 2 years on a marriage visa and previous to that on a working holiday maker visa for a year and previous to that my husband was in the British Army for almost 4 years.
We moved to his home country for 2 years and decided last year to move back to the UK. We have applied for ILR but got refused stating that as my husband had no job to come over to he did not meet the criteria set and also as we are living with my mum in the UK they wanted proof she owned her house.

We fulfilled the requirements in regards to housing and my husband got himself a positing working with a friend, we supplied a job offer letter but we have been refused on appeal too.

I am considering getting the help of an immigration lawyer but I dont know where to start.

I am currently on income support as my husband is overseas in his home country and I am here in the UK. We have a 2 year old who I am sole carer for at the moment.
I was wondering if I got a full time job whether that would help our situation.

I would appreciate any advice or comments that are useful to our situation.
Thanks for taking the time to read this.

[jaskiratbaweja]

Ya the first course of action is to see a qualified solicitor and explain your case specifics to him/her.

[Obie]

I am moving this topic, as i believe it will be best if your question is posted

on family immigration section.

Also see 3rd party support and accommodation.

[shouldbestraightforward]

Can I get a solicitor/lawyer from CAB? How much do they roughly cost ? Will I be able tot get help with paying for a solicitor as I am on income support?

Thanks for your reply, it is all quite stressful at the moment with the prospect of a tribunal in the UK hanging over us.
I don't understand what else we need to do to fulfill the criteria of the Home Office. We are a normal family who just wishes to be together here in the UK with my full family.

[vinny]

See also Any good law firm recommendation?

[Obie]

I am doubtful you will be able to get legal aid for ECO application. It is worth trying.

[Casa]

If you've been refused solely due to lack of finance, then it would strengthen the application if you found employment. Did the appeal judge not accept your husband's job offer as genuine?
By the way...you mention that you are 'white British'. The regulations are the same whether you're white, black or sky blue pink!

[Greenie]

I am doubtful you will be able to get legal aid for ECO application. It is worth trying.

The test for legal aid at initial application stage (i.e a visa application to the ECO) is whether there is sufficient benefit to the client - which there clearlt is - the OP is therefore very likely to get legal aid she is on income support and therefore meets the financial requirements, although they would also have to consider her husband's financial circumstances.

You need to seek advice from a local advisor in the first instance (legal aid providers are restricted to providing advice to clients who live in their region - unless there are no providers/no providers with capacity in your region.

You can ring Community Legal Advice see the link below

http://www.direct.gov.uk/en/Dl1/Directo ... /DG_195356

You can find a local adviser here

http://legaladviserfinder.justice.gov.u ... rSearch.do

[shouldbestraightforward]

Thanks, I'll look into the legal aid. I don't know why I wrote White British! it wouldn't matter even if I was a colourful rainbow! lol

I have spoken to one of those visa websites that state they can help you with your visa application.
They are saying that we shouldn't have applied for ILR in the first place as we were not living in the uk, we were coming back to live.
We should have applied for an extension to our marriage visa and now our ILR application has gone to tribunal they will simply through it out regardless due to us not living in the UK previous to the application.

It seems according to them that the ILR was a complete waste of time, money and effort.

They are stating that we can apply through them, for Indefinite Leave to Enter using our 5 year marriage as the basis for this application for the simple sum of almost £2000.00

Does any one have experience of companies wanting to help with visa applications. They were basically saying that they will employ the services of a barrister and use an online portal with my husband to gather all the documents and information, as my husband has been refused his name will flash up at immigration and they will need to apply to the Home Office to clear his name. They will submit the application and bish bash bosh there is your visa?

Is there such thing as Indefinite leave to enter as I have searched the UKBA and can find no reference to it.

[Casa]

You should have applied for another spouse settlement visa - form VAF4a.
You don't qualify for ILR or Indefinate Leave to Enter (ILE) as you haven't been living outside of the UK for a minimum of 4 years (you mention only 2). You would also have been unable to extend your previous 2 year spouse visa as you've been outside of the UK for too long.
The legal advisors should also warn you that the 4 year concession for ILE is likely to be removed if the Government's new regulations are introduced in the April. The minimum income level is also likely to increase.
Under current rules you will have to prove in the spouse visa application that you have a minimum of £105.95 remaining weekly after paying rent, council tax and any credit/loan repayments + £63.23 weekly for your child.

[Greenie]

Thanks, I'll look into the legal aid. I don't know why I wrote White British! it wouldn't matter even if I was a colourful rainbow! lol

I have spoken to one of those visa websites that state they can help you with your visa application.
They are saying that we shouldn't have applied for ILR in the first place as we were not living in the uk, we were coming back to live.
We should have applied for an extension to our marriage visa and now our ILR application has gone to tribunal they will simply through it out regardless due to us not living in the UK previous to the application.

It seems according to them that the ILR was a complete waste of time, money and effort.

They are stating that we can apply through them, for Indefinite Leave to Enter using our 5 year marriage as the basis for this application for the simple sum of almost £2000.00

Does any one have experience of companies wanting to help with visa applications. They were basically saying that they will employ the services of a barrister and use an online portal with my husband to gather all the documents and information, as my husband has been refused his name will flash up at immigration and they will need to apply to the Home Office to clear his name. They will submit the application and bish bash bosh there is your visa?

Is there such thing as Indefinite leave to enter as I have searched the UKBA and can find no reference to it.

if you are on income support, you should be seeking free legal advice, not paying a 'visa website' 2k.

What application did you actually make - on what form, and where was this submitted?