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I haven't been illegally in the UK I have always had my case in HO however there was 1 or 2 month were HO gave the refusal and I wasn't aware of it so they put me on sign on where every 4 weeks I have to goCR001 wrote:So have you been in the UK illegally all this time?
When did you get married and how did you get married?
avjones wrote:You need to show "insurmountable obstacles" to family life continuing in India. You are going to struggle with that. Your GF not fancying it much doesn't count.
And your immigration history is appalling, that will also count against you.
Ohh Ok that's something new I learned and no i didn't mean in a way that white people can't live in India and yeah that's true we will have come up with good reason for eczema and asthma and we are working on thatCasa wrote:jaundiced view
avjones wrote:I don't know all the details of your case, I can't advise you. I just don't know enough.
The following legal principles might be relevant to your case:
1. If a case can't prove "insurmountable obstacles", then Article 8 (Private and family life) outside the Immigration Rules is much harder. There are not many marriage cases which fail under the insurmountable obstacles and succeed under Article 8;
2. Your immigration history is relevant in that your relationship was formed while your status was unlawful, thereby making it "of little weight".
3. The Tribunal might well take a jaundiced view of the credibility of the relationship, given that it is at the end of a long string of failed applications for leave to remain in the UK, so be prepared to prove it is genuine.
I didn't write 'jaundiced view'. avjones wrote "The Tribunal might well take a jaundiced view"paras1234 wrote:Ohh Ok that's something new I learned and no i didn't mean in a way that white people can't live in India and yeah that's true we will have come up with good reason for eczema and asthma and we are working on thatCasa wrote:jaundiced view
avjones wrote:I don't know all the details of your case, I can't advise you. I just don't know enough.
The following legal principles might be relevant to your case:
1. If a case can't prove "insurmountable obstacles", then Article 8 (Private and family life) outside the Immigration Rules is much harder. There are not many marriage cases which fail under the insurmountable obstacles and succeed under Article 8;
2. Your immigration history is relevant in that your relationship was formed while your status was unlawful, thereby making it "of little weight".
3. The Tribunal might well take a jaundiced view of the credibility of the relationship, given that it is at the end of a long string of failed applications for leave to remain in the UK, so be prepared to prove it is genuine.
Right ok I see however we been together for nearly 5 year now and we have proof as well so do you think they will still doubt on our credibility of the relationship?
Thank you
Paras
Any comment for Wanderer's suggestion?Wanderer wrote:Any reason you can't return to India voluntarily and apply formally under the immigration rules?
well that's the last option we are looking at because we are scared that Home office might not grant me visa because of my past immigration historyCasa wrote:Any comment for Wanderer's suggestion?Wanderer wrote:Any reason you can't return to India voluntarily and apply formally under the immigration rules?
It should be the first option you are considering, dragging it on like this could result in deportation or removal, then things will get very sticky....paras1234 wrote:well that's the last option we are looking at because we are scared that Home office might not grant me visa because of my past immigration historyCasa wrote:Any comment for Wanderer's suggestion?Wanderer wrote:Any reason you can't return to India voluntarily and apply formally under the immigration rules?
True but don't they banned you for 1 year?paras1234 wrote:It should be the first option you are considering, dragging it on like this could result in deportation or removal, then things will get very sticky....
So long as you've never used deception or assumed a false identity, and meet the financial requiremments there's litle chance of rejection.
Better than living under the threat of the UKVI Border Force knocking on your door at any time.
Don't they banned you for one year for coming back?Casa wrote:Any comment for Wanderer's suggestion?Wanderer wrote:Any reason you can't return to India voluntarily and apply formally under the immigration rules?