SET(M) ILR Refused! Pleeeeaaaasssse help, advise ASAP

[mona_s]

I applied for ILR on Set(M) with my husband who vouched my application, two weeks later we had a big disagreement and he maliciously contacted the HO who have now refused my application on these grounds, that the marriage is no longer subsisiting and he does not intend to live permanently with me.

We have a 4 year old daughter who was born here.My daughter also has a passport from my country as I was not married to her father until two years after she was born, I was a student originally (in Apr'01) when I came here and had her during my studies, got FLR as student('04) and she was a dependant, then got married('06) and got FLR(M) so had completely the 2 year period with all docs required(2008)
Included my daughter as a dependant. She however qualified for Bristish citizenship and got it last year but needed the passport to be stamped with my leave too for any future travel purposes. Can I now say she is a British Citizen to them as further reasons?
What are my options? They have written that I can present further reasons for this to be considered or appeal the decision.

My husband had a moment of insanity(stupid man) and is willing to write a letter saying we had temp marital issues and we are together now(or so he says..) does this change the decision and can it be presented as further reasons?

The grounds of appeal are quite unclear till I see a lawyer and this needs to be done within 10 days.
There's a statement that if you do not appeal but present further reasons etc..can i present this as a reconsideration. then if refused, can i go on to appeal? Need to buy myself some time to decide on best step forward...
If I appeal and get refused, looks like I have to return to my country, it does leave me mind-boggled about my daughter as my husband may file for custody if that's the case and there is no way i could let that happen.
We are also still legally married, do i have to return home and divorce there if all this fails?

If the above fails/is a non-starter, can i apply to stay as her parent??familiar with the procedure on that etc though some phrases may not apply to me as I have been her main carer for past 4 years and will always be.
time is now not on my side as I sent my application in time but got a reply one month later.. would i be lawful if apply in other category 'access to child' or should i just stick to appealing ILR? researching everywhere
Help please, any response will be highly appreciated.

[VictoriaS]

If the marriage is susbsisting again then your husband must write to say so, but I would expect an interview.

If you are unsure, then you may want to apply for leave to remain for access to a UK resident child. However, I would advise that you see a solicitor immediately, and make sure that it is someone who specialises in immigration and family law.


Victoria

[SYH]

If the marriage is susbsisting again then your husband must write to say so, but I would expect an interview.

If you are unsure, then you may want to apply for leave to remain for access to a UK resident child. However, I would advise that you see a solicitor immediately, and make sure that it is someone who specialises in immigration and family law.


Victoria

I am kind of suspicious of the whole story. Would the HO be so quick to reject the application as it had been submitted only two weeks earlier? they barely had time to assess it or assign it to someone.

[VictoriaS]

It's possible. They can be quick sometimes. Even helpful, if you're lucky.


Victoria

[Jeff Albright]

I have to agree with SYH here.
It is unusual for the HO to act just like this on someone's telephone call. It could have been nuisance or slender.
If they had received such a call, the correct procedure for the caseworker would have been to refer the case to someone's from LEO to arrange for an interview to establish if the marriage was genuine and lasting before turning the application down.

It could have been another reason altogether. What does exactly the refusal letter state?

Yes, you have to appeal now, as this is the procedure. If the fact is that the marriage is genuine and subsisting, you will have your refusal reversed at the hearing.

Grounds for appeal - firstly, the true story what happened written clearly and concisely on the form, second - the same documents you supplied with your application, i.e. proof of relationship and substistence - marriage certificate, daughter's passport copy, utility bills on both names and any other proof of living together, the more the better.
Witness Statments will also be required from both of you.

[mona_s]

Thanks Victoria for the useful info.
I am a victim of long-term domestic violence and have been in a controlling and manipulative relationship with my child's father for years and this was one of his many ploys to ensure I remain in his control but i have broken free and believe we(child and I) will get through this and have embarked on a battle of all sorts alongside the lawyers who i must say have been very helpful so far.
Cannot detail anything as i suspect he even be about this forum.(unfortunately that's how paranoid i have become..)

Nonetheless, have got some useful information from this forum, was glad to find it & to find I was not the only one in this situation as i thought i might be..
To all the women in the same plight: keep fighting and don't give up!

[vinny]

See also Section 4 - Victims of domestic violence and Annex AB - List of recognised domestic violence organisations and Application types > Application form SET(DV).