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bobola wrote:Hi everyone,
my story is a long one but I will try to summarise it.
I entered the UK in 2003 on a 6 month visiting visa. By the time the visa expired in 2004, I sent my passport back home while I remain in UK to obtain 2 years visit visa. I left UK in 2005, travelled out on emergency travel certificate and re-entered the country after a few days on my passport. I was leaving with my then wife and 3 children ( she was in the country illegally as well)
The 2 year visa expired August 2006. I was encountered in 2006 when a car I was travelling in was involved in an accident. myself and my family made an application as the carer of my son who is an EEA citizen. our application was refused. My marriage ended at the time and I ve not been able to see my children because the mother always invite the police.
I continued to work illegally until I was arrested in 2011 and charged for using a forged document to obtain employment. I was sentenced to 9 months imprisonment. At the time I was in a relationship with a British national. I applied under the article 8 ECHR based on my children and my new relationship. The application was refused but I was allowed an in country appeal.
The HO raised some certain questions about when I entered the UK which were untrue. My then solicitor asked me to write in my statement for my appeal about how I used deception to obtain the 2 year visit visa in 2005. Because of this declaration of deception, my appeal was dismissed in 2011. But there was an error of law in the Appeal. The appeal was the sent to upper tribunal but stalled. I was released from detention in Dec 2011 and has since been leaving with my British national partner and we have been married a year now.
My appeal was eventually sent back to the first tier tribunal in may of this year. That Appeal was heard and it has been dismissed again! the judge ruled that because I have used deception to gain entry and my criminality it is proportionate to ask me to leave the UK and re apply. The judge agreed that it will be unreasonable to ask my wife to go with me because of her job and her aged mother.
Please can anyone advise if there is anything I can do. I am aware that the 10 year ban for deception will apply to me and I may never be able to re enter the UK ever again.
Thanks
hi Patoupatou,Patoupatou wrote:Sorry . I got the same case as you . But my been allowed. ... cinse den im waiting for the visa. .. I can give you the contact details my solicitor. Banksfield health . But be prepare in advance. .. god bless you and your family ...
dalebutt wrote:If the judge overlooked Sanade in his determination, then he most likely would have fell into error, Sanade established that it will be unreasonable to suggest for a family to relocate outside of the EU if the remaining part is a British and also a Union citizen, it doesn't say the remaining part has to be a minor alone, it applies to your wife as well. The home office conceded that side of the argument as well.
I believe the prospects are good.