ROR and PR refused, appeal dismissed

[chalie10]

I need counselling and Advice, FROM Gurus, My ROR was refused by home office because i have child with another woman.
Met my wife in june 2010, started living together after our marriage in april 2011, apply for resident document in june 2011, application first refused but later granted in january 2012. we relocate to new address in february 2012. i had extral marital affiars with a flat neighbour. got pregnant. me and my wife were not happy as it happen when my wife is not at home one day and i have drunk.we mend our live together due to the love between us and move on. in 2014 my wife start humiliating and embarassed me because i took picture with lady colleague at work.divorce initiated in january 2015 after my wife left home in november 2014. my solicitor applied for ROR in november and put my child birth certicate in the application saying he wanted to registered the child with home office.while in the middle of divorce. home office invite me and my wife for interview two times in feb/march 2015. but i am unable to attand due to back pain and illness from the mental stress of the divorce. my solicitor did not advice me to inform home office about the impending divorce. divorce finalised in april 2015. home office refused the application and revoke my resident card march 2015. i informed my solicitor and later he disappear without knowing his whereabout. i hire another solicitor who advice me to appeal and reapply. home office refused the second application with the evidence and degree absolute. appeal dismissed. in july 2016. can i appeal to upper tribunal or submit fresh application.please i need your help. Obie, vinny and others.

[Obie]

This will all depend on the circumstance.

Without knowledge of the reason for your appeal being dismissed, it is hard to comment on the best way forward.

The first solicitor really messed up, in complicating matters.

How did he expect the other child to be registered when you do not have a PR right? it will simply amount to a waste of money.

[chalie10]

Thanks Obie, for your reply. My appeal was dismissed because I did't not attend home office interview with my ex wife to add to my credibility. And for not been able to inform home office about my impending divorce. Moreso, the judge said I had child with another other than my ex wife when our marriage is just 1year and 6 months. The home office and judge now doubt my credibility by saying my marriage with my ex wife is one of convenience. And which is not. with all the evidence that me and my wife travel to Nigeria For our marriage. Your advice will be highly appreciated.

[Obie]

It seem there was misdirection on the part of the judge.

I am not sure being promiscuous can necessarily equate to marriage of convenience. If you are separated and seeking divorce, you cannot come with her to interview.

Well it is up to your legal adviser, but you should challenge it.

[chalie10]

Thanks for your prompt reply and advice Obie, yes I do agree with you that the judge is mislead. In the second refusal letter for the second application after our divorce home office stated that I did not inform then about impending divorce. And that I am the petitioner instead of my wife. And divorce is based on the ex marital affairs. The home if that is the my wife should have divorce me in the first place so the marriage won't got to three year. Talk less of me qualified for retain right. Meanwhile we able to mend our relationship continue with our live. Until 2014 when my wife begin to assume that am having another affairs with my female colleague because I took picture with her. Especially if am the public with wife I found difficult to relate with friends who are female. Because her bad attitude towards me. Despite my explanation to the judge. Still she dismissed my appeal.

[noajthan]

The judge may have taken the view that actions speak louder than words but noone here will know unless you can post some concrete details about the reason for the refusal.

[chalie10]

Thanks for your prompt reply and advice Obie, yes I do agree with you that the judge is misdirect. In the second refusal letter for the second application after our divorce home office stated that I did not inform then about impending divorce. And that I am the petitioner instead of my wife. And divorce is based on the ex marital affairs. The home if that is the my wife should have divorce me in the first place so the marriage won't got to three year. Talk less of me qualified for retain right. Meanwhile we able to mend our relationship and continue with our live. Until 2014 when my wife begin to assume that am having another affairs with my female colleague because I took picture with her. Especially if am the public with wife I found difficult to relate with friends who are female. Because her bad attitude towards me. Despite my explanation to the judge. Still she dismissed my appeal. your advice is highly appreciated.

[Obie]

This is a complex matter for which only you or the individual who pursued the appeal can answer.
My priliminary view is that you have to appeal the decision, if what you said is correct. That is as far as I can go.

It is difficult to comention on a determination which I have not had sight of.

[chalie10]

Hello everyone, please I really need to know if my Ex spouse can write supporting letter to home office regards to my application and residents card that was revoked. after series of contact from my friends to my Ex wife. Explaining my situation to her about what am passing through in the hand of home office. My ex has agree to write a letter to home office explaining her side in divorced between us. So that home office will know that our marriage is genieu and will latter divorce because of misunderstanding. Please can my Ex wife do this. Because am getting frustrated and depressed.

[Ifycamilla]

One area you made mistake was not honouring homeoffice invitation. Personally I think not honouring homeoffice invitation twice might mean that you have something to hide. For Obie not being able to advise you mean that there's fire on the mountain. Personally I think you should write a letter to homeoffice explain ing your reason for not being able to hon or their invitation. And also try explaining to them what happened during your marriage wit ur ex. Or better still. Try see Obie in person for a better advice.

[Obie]

Well I am not sure about fire on the mountain .

All I am saying is that, given the few details OP mentioned, once cannot say if Regulation 20B was justified .

OnE cannot tell if OP can pray in aid to 20B (4).

[chalie10]

Thanks, everyone for advice. Can I still write a letter to home office and explain why I don't attend the interview. Or can my Ex wife do so as well. Though I have challenge the decision of the judge in FTT. Can I do this without the knowledge of my solicitor. Please advice me.

[chalie10]

Thanks, Ifycamilla and Obie for your advice. I did not attend home office 1st interview due to back pain. Which I send certificate of fitness to them issued by my GP. And I did not attend the 2rd interview because I was going through divorce with my Wife. And am six weeks away from getting degree absolute. My first solicitor did not advice me to notify home office with the impending divorce which home office did capitalised their decision. I and they said am not suppose to be the claimant to initiate divorce because of my affair with another lady which result to the birth of my child. Please I need your advice.

[omonile]

Hi Charlie10,
The honourable members may have gone as far as they can go with advise.If you think you genuinely have a case,get a good lawyer and apply to upper tribunal for reconsideration;If possible persuade your ex to appear at tribunal to defend the genuity of marriage.Good Luck

[noajthan]

Thanks, Ifycamilla and Obie for your advice. I did not attend home office 1st interview due to back pain. Which I send certificate of fitness to them issued by my GP. And I did not attend the 2rd interview because I was going through divorce with my Wife. And am six weeks away from getting degree absolute. My first solicitor did not advice me to notify home office with the impending divorce which home office did capitalised their decision. I and they said am not suppose to be the claimant to initiate divorce because of my affair with another lady which result to the birth of my child. Please I need your advice.

Noone can understand this jumbled story.
You need to post a clear summary of the refusal.
And state clearly what you're trying to achieve.

Write it out in short, clear sentences and bullet points.
Leave out all the dramatics, and who said what and who did what

Suggest take responsibility for what has occurred; its not judge's fault nor wife's fault etc.
And you need to drop or change lawyers if you don't understand or trust them..

[chalie10]

Hello Gurus, am back again. I really need your advise. My appeal right was taken off by the judge in january 2017 which signify an end to the tribunal case when am seeking permission to appeal to upper tribunal. And now am thinking of submitting fresh ROR application to the home. Is this possible. Though since then I have been a dependant under my child's mother application base on human right. And the application was refused but home office give Right of appeal which we have initiated. Pls with all these, is it possible for me to resubmit EEA ROR fresh application. Kindly advise me.

[Obie]

It is open to you to make a new application, but you need to bear in mind that the old issue will not go away.

[chalie10]

Thanks Obie, all i want to do is write a cover letter with the application to explain every thing that happen in my marriage with Ex wife. Pls will this be OK and possibly change the approach of the case worker in dealing with my application. Though i will like to do it myself since I had bad experience from 2 solicitors.

[chalie10]

Hello Gurus, please i need your advise can i write a cover letter with a fresh ROR application to explain every thing that happen in my marriage with Ex wife. And why i could not come for home office interview. Regard to my child can i tell them it was a mistake during my marriage with my ex wife because it's not intentional. Though there is an pending which am a dependant of my child's Mum. Can i submit a fresh ROR Application. and I want to know if submit ROR application what effect will it has on the human right Appeal. will this be OK and possibly change the approach of the case worker in dealing with my fresh ROR application. Though i will like to do it myself since I had bad experience from 2 solicitors. Your advise is highly needed.

[tmonaghan]

you seem to have exhausted all your options and it's all messy; I would not be surprised if the HO wrote to you to leave the UK... However if there is a slight chance for you to regularise your immigration status in the UK; find yourself a very good lawyer.