Post
by muhamad3011 » Mon Aug 03, 2015 4:01 pm
Dear All
i am new to this forum I desperately need help with my situation this is my story,
I am an Illegal entrant came in the UK in 2008, met my x girlfriend from back home who has indefinite leave to remain to join parents. we started dating again, and got married in January 2012 after been in a relations for 3 and half years, i went to see a lawyer who advice me to apply for leave to remain as a spouse of a person settle in the UK. she gave me a list of documents that we need to provide for our my application including life in the uk test which i did passed. we went ahead and apply on the 5/07/2012, unfortunately my application was refused without any right of appeal, they state on the rejection letter that they believe our relationship was genuine but i did not meet the requirements of the rules. reason for refusal was based on a number of factors.
here they are as follow.
1.you did not hold any valid leave to remain in the united kingdom when you made this application. You were in breach of the immigration law by entering the united kingdom illegally and remaining without any valid leave. You did not submit a certificate or any other evidence with your application to show that you have passed a suitable English language test. the knowledge of Life test that you submitted is not deemed suitable for satisfying the English language requirements in applications for leave to remain. in view of the above the secretary of state has decided to refuse your application under paragraph 286 with reference to paragraph 284 (i),(iv) &(ix) (a-e), as stated above
In refusing your application consideration has been given to your family life under article 8 which from 09 July 2012 falls under appendix FM EX.1 of the rules
2.You do not have any British children that are dependent on the relationship and there are no insurmountable obstacles why you and your partner cannot pursue family life in your home country
In view of the above the secretary of state is not satisfied that you can meet the requirements of ELTRP 2.2 & 4.1. AND EX.1 (A) and (b) as stated above for leave under 5 or 10 year route to settlement and your application is refuse under D-LTRP 1.3 with reference to R-LTRP 1.1. (c) & (d).
A consideration has been given to your private life under article 8 which from 09 july 2012 falls under paragraph 276ADE of the rules
3. You entered the UK in 2008 and cannot show that you have no social or cultural ties to your home country
the secretary of state in not satisfied that you are able to meet the requirements of paragraph 276ADE as stated above
i was asked to contact my local enforcement office to discuss my departure from the UK which i didn't. after nearly 2 years god blessed me and my wife with a child who is now a year old. i need advice what step i should take as i want to apply again but have no idea what to do and my wife is not earning 18600.
sorry if i have posted at the wrong forum
many thanks