Help please about article 8

[Dupze]

Hi all, this is my first time to post in this forum but I have been following it and I have decided to join because I have seen how supportive you are to each other.I came in the uk in 2003 on a student visa, I have remained a student until 2011 when my student visa was refused. My last visa expired in dec 2011 and I sent an application form before it expired to renew it however I kept on making mistakes and my application forms were sent back to me as being invalid 2 times. I got a refusal in May 2011 because again I forgot to sent a bank statemant for maintaince.

I was introduced to an immigration adviser who said he was going to reconsider the matter and sent the bank statament for the time I made an application form to show that I did have funds it was just a mistake. I waited for one year with no reply he kept on telling me to wait because my case is not straight forward it will take time. I changed him after one year and the HO replied within a month they said they did't receive anything from him they said on the letter I have to do a fresh application form and it was difficult for me because my college lost the licence and I could't find a college to take me without a visa .

I have been in a mess since that time I tried many times to regulise my stay with no success. I have got a partner who is in the same situation as me we have been together for 5 years, no children. I heard from many solicitors that we can do an application form together because we are from different nationalities then after trying to fight for my case alone with no success I decided to do an application form with him and it was refused we went to court and at the court it was refused the judge said there is no evedince that we can not get a visa to go to each other's country.

I went to many solicitors after my case was refused at the court and all of them said they will do the same application form with more evidence. finally I chose one solicitor so he said he is going to ask for a right of appeal under section 20 he sent an application form last month the only reply so far I got from HO is when they sent all of my supporting documents back. I would like to know if there is anybody who ever hear of people appliying under the grounds that they come from different nationalities. this time we did explain in our witness statements why is it that we don't want to be separated and the reasons we want to remain here rather than go to each other's country. I am sorry my story is too long I really need your help please.

[Casa]

Why are you unable to do as the Judge suggested and choose one of the countries for you to settle together. You may prefer to stay here, but this is unlikely to be a strong enough reason for a claim under Article 8 as you've already discovered in the previous appeal rejections.

[Dupze]

Thanks for your reply casa, does anybody have any idea how long cases like this take. It has been two months now since I have done an application form with no reply. I just want a reply so that I can plan my life and think of the next step. This is keeping my life on hold. I am also confused because usually HO sent acknowledgement letter after receiving an application form but this time I received my supporting documents back with a letter explaining that they kept photocopies to continue working on my case.

Application form - sent 02/Feb/2016
Supporting documents sent back to me - 16/Feb/2016

[Dupze]

Hi all, one more question please. I am a bit confused I was told by my solicitor that we didn't have to pay the home office fee I didn't really understand what he was to explain he said something like if you made an application form before and it was refused when you make the second one you don't need to pay the fee.

I just want to know if my solicitor was correct. I feel like since we didn't pay home office fee and NHS surcharge this will put our application on hold. I also don't know anything about trust surcharge but we were told that we are not supposed to pay it as well.

Will appreciate a lot if there will be somebody who can answer

[Dupze]

Hello,

[Dupze]

Hello, so sorry for too many questions I am really stressed up I have been in this mess for too long now. My question is can I print out something from the Internet and use it as evidence. As I mentioned before that me and my partner did an application form together based on the grounds that we come from different countries and we have established our lifes here so we don't want to be separated.

My partner come from a country with high rate crime so I mentioned on my witness statement as another reason that I don't want to go and live in his home country, I saw the news online 2 days ago saying his country is the most dangerous country in the world. Corruption and bribery was perceived to be the biggest crime group in his country followed by assault and robbery and theft. I need help please, just want to know if something from the Internet is accepted as evidence.

Many thanks

[Wanderer]

You haven't answered Casa's question sufficiently.

"Don't want to leave" and "High crime rate back home" aren't enough, or else the whole World would be here and if that happened, things would just be as bad here.

[Casa]

Why are you unable to do as the Judge suggested and choose one of the countries for you to settle together. You may prefer to stay here, but this is unlikely to be a strong enough reason for a claim under Article 8 as you've already discovered in the previous appeal rejections.

...and if your partner's country has a high crime rate, why aren't you able to settle in your country? You don't appear to have shown a compelling reason yet to be able to stay.

[CR001]

Hi all, one more question please. I am a bit confused I was told by my solicitor that we didn't have to pay the home office fee I didn't really understand what he was to explain he said something like if you made an application form before and it was refused when you make the second one you don't need to pay the fee.

I just want to know if my solicitor was correct. I feel like since we didn't pay home office fee and NHS surcharge this will put our application on hold. I also don't know anything about trust surcharge but we were told that we are not supposed to pay it as well.

Will appreciate a lot if there will be somebody who can answer

You have to pay a fee with each and every application you make. Your 'solicitor' has given you poor advice. You also have to pay the immigration health surcharge for almost all applications.

If you apply for a visa and it is refused, you lose your fee. It does not get held to use for your next application.

[noajthan]

A key question is that of proportionality:
https://www.freemovement.org.uk/when-is ... e-engaged/

[Dupze]

Thanks all for your replies. Hi Casa sorry for not answering your question I didn't understand. I cannot go to my home country because I lost ties there. No family and no friends there. My father passed away and my mother lives in America. I am the only child, I have got evidence based on this.

Me and my partner have known each other for a long time and we are a family since we have been staying together for 5 years he doesn't want to go to my country because he doesn't have any idea about my country. He really hates the thought of going to live in a new country whereby he doesn't even speak the language of that country.

He feels like it's good for him to remain here because he has already adapted to the culture and life style here. We have been in this country for 14 years now.

Also I am not well I have got a condition that is going on for a long time and my partner looks after me. I have my medical report from my doctor so if we are separated nobody will look after me.

The first application was rubbish when we went to court the first time. The lawyer was useless and there was no evidence of anything. It was also mentioned that I was case is refused because there is no evidence that we are in a genuine and subsisting relationship.

Thanks hope you get back to me

[Dupze]

Hi noajthan, thanks a lot for sharing the link. It's very informative. Also thanks to CR001 I did have a feeling that my solicitor was wrong.

[Dupze]

Hi all. My partner received a letter that he must start reporting from 07/07/16 so when we call out solicitor he said he must do a judicial review because that's means that our application form has be refused so when he is going to sign they is a possibility that they will detain him. We don't know why he is assuming that the letter for reporting is a refusal, also I don't understand this judicial review process.

The application he did before was to ask for a right of appeal the one he thinks they sent that reporting letter because it has been refused even though we didn't receive anything except that
reporting letter he said he didn't receive anything aswell.

We are also confused because the letter was addressed to my partner's old address not the address we used when we made an application form in Feb and we made an application together but I didn't receive the reporting letter. Can anybody help me please because I don't know anything about reporting. I just wishmy solicitor could wait until we get the decision but he is not listening he said they might deport my partner when he goes to sign.

Thanks

[Casa]

Are you still with the solicitor who gave to seriously flawed advice that you didn't need to pay a fee for another application? Why isn't the solicitor receiving notifications from the Home Office? Have you seen evidence that they have even submitted anything on your behalf?
Back to one of your comments in a previous post. The Home Office will consider that adults are able to re-settle in their native country even without family ties. Languages can be learned.

[Dupze]

Thank you very much for your reply Casa, it means a lot I just wanted to findout if my case is strong enough because solicitors will not tell you the truth. I have wasted so much money I wish I knew about this forum when my student visa was refused in 2011.

I started thinking the like you that maybe he didn't sent anything when the letter was sent to the old address but when we asked them why is it that the letter was rent to the old address he said maybe HO forgot to update their records.
The only evidence I have seen from him is the letter with only 2 lines that was scanned and emailed to us. They said they sent an application form on the 02/02/16 and the letter that was e-mailed us by my solicitor was dated 16/2/16 it was just saying that home office have photocopied all our supporting documents and rent the originals back so I haven't seen the original letter because I haven't been to his office. I am gonna there tomorrow.

[Dupze]

Sorry I keep on forgetting to read before I post that rent is supposed to be sent.

[Dupze]

Hi Casa, other moderators and anybody with information. My partner received another letter yesterday saying he has no leave to remain in the UK, he should submit and pay for the relevant application if he thinks he has any further reasons for wishing to remain or make immediate arrangements to depart the uk.

My partner called out solicitor yesterday after he received that letter the solicitor said he thinks Home office is playing up and trying to bypass the application form he made for us by concentrating on the old case they refused all ready. The latter my partner received yesterday was also sent to the old address.

My partner called home office himself and he was told that he hasn't got an application form with them. So because on Saturday him and people in his office were scaring us that my partner will be detained when he goes to report we ended up doing that judicial review they said we must do. We are going to see that solicitor tomorrow.

My questions:
Can a judicial review be filed before the decision has been made by the home office incase this man is telling the truth he sent ourapplication form. Did he not made up now by making judicial review when he still doesn't know the outcome of the application he made.

I also want to know if it's possible to change a solicitor when youare still in the middle of your care with the other one

Many thanks

[Wanderer]

You're definitely flogging a dead horse with this one, sooner or later one or both of you will be removed and given no choice in the matter.

Better to plan it under your own terms surely?

[ohara]

I also want to know if it's possible to change a solicitor when youare still in the middle of your care with the other one

Many thanks

You can change solicitor whenever you want. Your current one is clearly awful.

[Dupze]

Thank you Wander and Ohara for your reply, I was so stressed. We called home office again yesterday and the lady we spoke to asked us to give her the package something number I forgot what does that number called there is usually a special number solicitors put on the cover letter. After that she said our application was sent to Sheffield on the 04/02/16 so they don't what happened when it go there because they didn't update anything on the system. She told us to write to them.

So yesterday we went to the solicitors office and there was a man there I understand better than my solicitor he said they have done section 120 statement of additional grounds for us to the home office which is not exactly an application form, they just asked home office to consider our additional statements that's why there is no fee to pay. I just have to wait and see what happens next.

[Dupze]

Hello just need some help, this morning my partner want to report as usually. He was in there for 5hrs he said he was interviewed and after that he was given a form to fill in and he was told that they are going to get him a passport from the embassy he said the form of the passport has the name of his country.

Now he is worried he thinks that want to deport him that's why they are trying to get him a passport and he is worried that when he is going to sign again next month that will report him.y