My Husband's ILR Refused

[Shavi2013]

I and my husband have been living in the UK since 2003 and we completed our 10 years in Oct 2013. During 2003 to 2013 we renewed our visas (student, PSW, again student) on time and no any overstays or any breach of law. My husband was out of the country for almost one year due to a family matter during 2010.

When we inquired this from our immigration lawyer we were told it will not be a problem for the ILR application. When we were getting our applications ready my husband noted that he was in Breach of the 10 years of continuous lawful residence. We panicked and sought the advice of another lawyer and we were told that my husband's application can be submitted quoting article 8 human rights and hence an appeal could be avoided.

My application was a success and my husband's was rejected. We have a 6 year old son who was born in the UK. He was also out of the country for a whole year along with my Husband in 2010. Now that I have got my ILR, I can register my son as a citizen of the UK.

Our lawyer informs us that an appeal can be made against my husbands refusal. We are not sure what to do and It appears that an appeal is the correct thing to do but not sure whether we will have any success as it has already been rejected even after quoting article 8 human rights . Please could anyone give us some advice as to how we could go about this matter?

Since now I have ILR status is there any other form that I can use to extend my husband's stay under family,partner?

[vinny]

Your son is now entitled to register as a British citizen.

Discuss with your solicitor about FLR(M) for husband.

[Shavi2013]

Many thanks for the reply.

Could you kindly explain to me differences between going forward with appeal for my husband's refused ILR and FLR (M)? Which is more favorable?

I understand if I apply under FLR (m) my husband will get an extension for another 2 years. But then after that what? How can I get his PR? I am well settled in my career here in the UK and I want to live here with my husband and son. I want my husband to be a PR too.

Thanks a lot
Viraji

[Apam]

A long but sure route to ILR will be to let your husband apply as the dependant of a settled person. in this case he can definitely apply for ILR after 5 years. Keep this as a surety option if appeal is not successful.

[Shavi2013]

A long but sure route to ILR will be to let your husband apply as the dependant of a settled person. in this case he can definitely apply for ILR after 5 years. Keep this as a surety option if appeal is not successful.

Many thanks for your reply Apam.

So if my appeal is not successful, then I can make a fresh application (FLR (m). good to know that. I have some kind of relief.

thank you so much.

[Shavi2013]

Many thanks for your comments , I really appreciate.
I need to find a good solicitor asap to lodge my husband's appeal. Please help.

[Shavi2013]

Hi All

Thank you very much for all your replies. This discussion board is very helpful.

We have recently lodged our appeal for my husband’s ILR refusal through a solicitor. But we did not see what our solicitor has written as grounds of appeal. I think we should ask him to send us a copy of that as we should know what he has been written on behalf of my husband. He is representing us so we have a right to know every word he writes on behalf of us. Is that right?

Please share your experience about your solicitors? Do they share everything they write, they receive from HO/ first tier tribunal?

My solicitor is very reluctant to share these information.

Thank you very much in advance