Will a pregnancy help?

[frances2]

Appeal tribunals - as with most magistrates/judges/recorders in the legal system - get impressed by meticulously done research and careful preparation. It panders to their ego and makes them feel favourably disposed towards you.

The overall impression of this man may be that if he entered into a "marriage of convenience" before (you did state she married him to "help him with his visa") he has shown bad faith and willingness to break the law and so shouldn't be allowed into the UK again. But I like your spunk and wish you good luck.

Well I would say that I've had a good lay persons stab at it, and refered to the law where ever I can. I wouldn't say it was meticulous, it's probably very naive, but my standard of English and expression is reasonably high.

I hear what your saying.... The case for his marriage wasn't strong and quite frankly their applications were utter rubbish. But, it was never properly suggested in the refusals that there's was a marriage of convenience. They did have some good supporting evidence. The refusal letters have actually been useful in showing me not what to do!

[frances2]

Hi Frances,

when you say you've read the Act, I imagine you are focusing on Article 8 (Right to respect for private and family life).

There is, not surprisingly, a great deal of case law about whtat this means in immigration terms.

The most recent House of Lords case is Huang v SSHD

http://www.bailii.org/uk/cases/UKHL/2007/11.html

Thanks...
That's a bit above my head, but it does illustrate that these matters are considered carefully. Plus as I've been focusing on article 8 and trying to show that the "authority" shouldn't have acted outside article 8 in our case, you never know..... Well you do really, the answer will be no....

[paulp]

Thanks...
That's a bit above my head, but it does illustrate that these matters are considered carefully. Plus as I've been focusing on article 8 and trying to show that the "authority" shouldn't have acted outside article 8 in our case, you never know..... Well you do really, the answer will be no....

Frances2, case law in layman's term is the interpretation that a judge has made of an act of law and is now binding. You may be wasting a lot of effort if you are going against existing case law (unless it can be reversed by a higher court).

[VictoriaS]

I wish you well, but because of Huang I feel it unlikely that you will succeed. And, because of that, I think you are doing the right thing in not paying a lawyer to help you!

I wish you all the best.

Victoria

[sally12345]

Sorry! I'm trying to be clever and quote Sally!

Sally. I've just had another look at the letters and they're very personal to myself and partner, so I don't think they'd be much use to you.

From what I've heard from your story so far it sounds as if you've got a really good case. Am I right in that you're married and living together in the UK, but want to make things "official" - please forgive me if I've got you're history wrong....

From what I'm gathering the most important thing you can get together is evidence of your life together, anything which has both your names on. Things that put him at your address etc etc. The work thing is a bit tricky as if he's not legal then he probably shouldn't be working and that might go against him? I'm not sure. I'm no expert...

Hiya frances2,

I understand and respect your privacy. Thank you for replying to my post either way. You are right my partner and I live in the Uk However; we are yet to get married in Jamaica in October of next year. I am planning to go in March with our daughter to get all the preparations together.

You are right I feel that I have a strong case and I’m working hard to prefect it but dealing with Jamaicans can be a challenge sometimes as you may well know. What scares me is the ECO are refusing spouse visas on the basis of a person overstaying! They are coming thick and fast!!!!!! I believe preparation is the key and as long as I have all the relevant paper work to hand then it should go smoothly.
If we get refused then I will look at the appeal route! But for now my main concern is getting all our documents in tact!

In answer to your question my partner is not working at this time as he is studying and it’s a full time course however, Previously he worked voluntarily at a local youth centre for a about 22 months but this role was not permanent and was expenses only paid. I.e. travel, lunch, etc. it might go against him? I am not sure!

I wish you well for your case you also, seem like you are very clued up and ready to fight your corner! Preparation is the tool here and clearly you have done so keep up the good work and keep us updated.

Xx

[frances2]

Good afternoon.

I've no new knews in my situation, but did want some opinions as to what my next course of action should be.

As it stands I'm now 19 weeks pregnant, had a visitor visa declined in Kingston for my partner and have submitted a probably useless appeal under the Human Rights Act against this refusal.

My partners divorce is just waiting for Decree Nisi to be issued. It's uncontested seperation type divorce. So about 9-10 weeks to Decree Absolute.

My question is..... and was triggered by a comment Victoria made in a previous thread....

Can I apply for a fiancee visa whilst the divorce is going through???? If I could this would be fab. Also if a fiancee visa is refused can we get married whilst waiting for the appeal????

I asked my solicitor..... but she seemed to think I should find out for myself!!! Great!

Any help/input much appreciated....

[VictoriaS]

That means your solicitor doesn't know!

You can apply for a fiancee visa if the divorce is less than 6 months away from being granted.

Victoria

[frances2]

Back again.

As of today we have submitted a fiance visa application in Kingston.

I have really good help and advise and submitted the best application we could.

However, something the person who took the application has said has got me worrying.

They said that we should have submitted evidence that a wedding is booked! I didn't think we needed this, or that a wedding could be booked for someone who is not in the country. The problem is that I'm due to have a baby in May, therefore it's been difficult for us to set a date and book a venue.

Is this necessary? Should I get something sorted this weekend and fedex it over to Kingston to tie up with the application?

[vinny]

See also 13.9 - Evidence required for fiancé(e) and proposed civil partnership applications

[frances2]

See also 13.9 - Evidence required for fiancé(e) and proposed civil partnership applications

Thank you Vinny. I have read the rules, and read them again.....

My question above still remains. It's been impossible for me to make any proper wedding plans, my baby is due in May, plus we don't know how long the visa will take to process. I have explained this in the application, and how we plan to pay for it.

I could easily book a venue, pay deposit etc, but that doesn't mean that's when we'll do "the deed", because we've so many other variables to contend with.

What I want to know is peoples opinions regards getting something booked any way, and sending the details over, or would I just be waisting my time.

[VictoriaS]

Don't worry...they have made this is up.


Victoria

[frances2]

Thanks Victoria....

[frances2]

The application for a fiance visa has been approved. We are the happiest people alive. So relieved we can start our family together.

I wish to thank everyone on the board who helped and gave their advice.

A special thanks to Victoria. S and Chris Fysh.

[yankeegirl]

Congratulations!