Appeal dismissed Urgent advise needed please

[bobola]

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

[Obie]

Well you can appeal against the Upper Tribunal's decision.

You mentioned the EEA child. How old is he/her, what is the nationality of this child and do you still provide care to him or her, and was that fact not factored in the proportionality balance.

[bobola]

He is my son he's 11 years old and I have not been able to provide for my children since I couldn't work. More so I went to court to fight for contact and that application was dismissed because my kids claimed they don't want to see me. The family court believed it is not in their best interest to promote contact as my immigration status is in doubt. I am only allowed to write them letters. I think I should say here that my marriage to their mother broke down when she went behind my back to take my name out of the appeal for the EEA appeal. Basically, I have no family life with my children.

[Obie]

So please correct me if I am wrong, as the details you are orividing is not making things clear to me.

1) You were married to this EEA national for how long?

2) How long did you reside in the UK together?

[bobola]

I was not married to an EEA national. My son was born in Ireland. My 2 other girls were born in UK. I am divorced from their mother and I have no contact with them. But now I am married to a white British and we have leaved together for two years and married a year now. I hope that sound clear.

[dalebutt]

If the judge agreed that it will be unreasonable for her [your wife] to relocate with you, does he now conceed that it is justifiable to split your family? I believe in light of Sanade you should seek permission to apply to the UTT.

[bobola]

Many thanks. I was thinking in that line. I hope my solicitor think so too. I have not been able to contact him yet. You wrote "sanade" is that a typo or a case law? Thanks once again

[Obie]

Sanade is a good case, but the Court of Appeal in the Subsequent Harrison case, tend to limit the scope of Zambrano and hence Sanade, but yes it is a good case and good law also.

[bobola]

Hi Obie and Dalebutt, I have read the sanade. It is looking more glooming now. I do not have contact with my children and my wife has a daughter who is already 18. I can't rely on my children on article 8 ECHR because I do not enjoy a family life with them for at least three years now. The only family life I can rely on is the one I enjoy with my British national wife and FTT judge ruled it's proportionately if that family life is broken. I am sorry to be ranting. I just want to know if anyone have any idea what else I can do. Thanks guys

[dalebutt]

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.

[Patoupatou]

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

[Patoupatou]

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 ...

[bobola]

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 ...

hi Patoupatou,
Please what do you mean by "But be prepared" I will like the full details of your solicitors please the address and phone nos Thanks

[bobola]

Thanks guys. I will keep you updated on my progress.

[bobola]

hi Guys,
This is the paragraph on my Appeal Determination that is very worrying. Please take a look and advise



" It seems to me that there is a sensible reason in this case. The appellant has a poor immigration history. Not only has he overstayed beyond the six month visit leave he was initially granted and only made his first application for leave to remain having been served with notice that he was overstayer, he has worked illegally in the UK and whilst that in itself is not so significant the fact that he used false passport in order to obtain work is significant. On his own witness statement, he obtained a further two year multiple entry visa at time when he was still in UK: it follows that his passport stamp showing return to ....... must be false and that he would have known that the entry clearance officer would not have granted him two year multiple entry visa if he or she had known that the appellant was still in the UK".

" Strasbourg case law has consistently referred to the precarious nature of family life formed when a couple know that one partner has no leave to remain in the UK. In this case the couple had not been many months into their relationship in April 2011 when the appellant was arrested and Mrs ....... found out about his immigration status and soon after, less than a year into the relationship, when the couple were not leaving together, the respondent made the initial removal decision. The couple deepened their relationship, moved in together, decided to marry and married when they were in the most precarious of all precarious positions, namely that the respondent has made a removal decision, a tribunal had dismissed the appeal and they were awaiting the outcome of their successful permission to appeal application. It is right that the appellant was also awaiting the outcome of his application for contact with his children"

I take everything I have referred to above into account. Given the poor immigration history as I have described which include criminal offending and deception of the entry officer, given that family life was only developed in the extremely precarious situation I have described, and given that all parties are adult, I am satisfied it is proportionate to require the appellant to leave the UK and return to ........ to make an entry clearance application. I recognise that this will involve interference with the family life between the appellant and his wife and with the appellant 18 year old step daughter, as they will be separated and will be so for at least a few months and perhaps significantly longer than that depending on the result of any entry clearance application, but I am satisfied for the reasons I have given that such separation is proportionate to the legitimate aims I have referred to above and the decision does not breach Article 8 ECHR"


Please is Sanade adequately considered ?

[bobola]

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.

Hi Dakebutt and Obie,
Please guys I am eagerly awaiting your response to my last post.
Thanks