Post
by Shavi2013 » Thu Mar 20, 2014 4:08 pm
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?