Casa wrote: ↑Sun Oct 15, 2017 10:52 am
hassman wrote: ↑Sun Oct 15, 2017 10:44 am
NHS Treatment has been invoiced but not paid yet
It would be wise to pay it, as non-payment of any NHS invoice over £500 is now an additional reason to refuse an application.
Can you post the refusal wording?
On 10 September 2016 you made human rights claim in an application for leave to remain in the UK on the basis of a family life with your partner and your two children.
Your application has been considered under those rules and with reference to article 8 of the European convention on human rights. The relevant immigration rules can be viewed on WW.guv.uk/guidance/immigration – rules.
The decision takes into account as a primary consideration for best interest of any relevant child in line with the secretary of state duty under section 55 of the borders citizenship and immigration act 2009.
Consideration
Immigration history
You entered the UK on 4 April 2016 with entry clearance as a visitor valid from 22 March 2016 until 22 September 2016.
Family life
You have told us that you are in a relationship in the UK with your partner who is named above as you are eligible to apply as a partner on the appendix FM we have considered your claim under the 10 year route and not the parent route.
We have considered your application under paragraph Are – LTRP .1 .1. ( a), (b) and (d) of appendix FM.
However, you do not qualify for leave to remain under the 10 year party room for the following reasons.
Suitability
Under paragraph R – LTRP .1 .1. (d)(i) Your application does not fall for refusal on the grounds of suitability under section S – LTR of appendix FM.
Eligibility
Under paragraph R – LTRP 1.1. (d) (ii) You do not meet all of the eligibility requirements of section E – LTRP of appendix FM for the following reasons;
Eligibility relationship requirement
You meet the eligibility relationship requirement paragraphs E – LTRP .1 .1 to 1.12.
Eligibility immigration status requirement
You do not meet the eligibility immigration status requirement paragraphs E – LTRP .2 .1 to 2.2 because when you submitted your application you were in the UK as a visitor.
EX .1. Requirement
We have considered whether you are exempt from meeting certain eligibility requirements under section are – LTRP of appendix FM because paragraph EX .1 applies
We have carefully considered whether paragraph EX .1 of appendix FM applies to your application and therefore whether you meet the requirements of paragraph R – LTRP .1 .1 (d) (iii) of appendix FM.
It is accepted that you have a qualifying relationship contained within the X .1 and therefore meet the requirement of art – LTRP .1 .1. (d) (iii)
Private life
We have considered your application under private life rules under paragraph 276ADE (1) in part of seven of the immigration rules. However you do not qualify for leave to remain under the ten-year private life through for the following reasons.
Suitability
Your application does not fall for refusal on grounds of suitability in section S – LTR of appendix FM under paragraph 276ADE (1) (i) of the immigration rules.
Eligibility
All statements below relate to your age at the date of Application.
From the information you have provided, it is noted that you are national of Morocco and you entered the UK on 4 April 2016.
You have therefore lived in the UK for five months and is not excepted that you have lived continuously in the UK for at least 20 years. Consequently you Failed to meet the requirements of paragraph 276ADE (1) (iii) of the immigration rules.
You are over the age of 18. Consequently he failed to meet the requirements of paragraph 276 A.D E(1)(iv) of the immigration rules.
You are not aged between 18 and under 25 years old. Consequently failed to meet the requirements of paragraph 276ADE(1) (v) of the immigration rules.
In order to meet the requirements of paragraph 276ADE (1) (vi). An applicant must show that they are aged 18 or above and that they would be very significant obstacles to their integration into the country to which they would have to go if required to leave the UK. It is not accepted that there would be very significant obstacles to your integration into Morocco, if you were required to leave the UK, because you resided in Morocco up to the age of 28, which includes your childhood, formative years and a significant portion of your adult life. It is accepted that you have retained knowledge of the life, language and culture, and would not face significant obstacles into integrating into life in Morocco once more.
Consequently you failed to meet the requirements of paragraph 276ADE (1)(vi) of the immigration rules.
Exceptional circumstances
We have considered under paragraph GEN .3 .2 of appendix FM as applicable, whether there are exceptional circumstances in your case which would render refusal breach of article 8 of the ECH are because it would result in and justifiably harsh consequences for you, your partner, a relevant child or another family member. In doing so we have taken into account under paragraph GEN 3.3 of appendix FM, the best interest of any relevant child as a primary consideration.
You have provided no information or evidence to establish that there are any exceptional circumstances in your case.
In light of the above, your application is refused under paragraph D – LTRP 1.3 with reference to paragraph R– LTRP 1.1 (d) (ii) Of appendix FM, and under paragraph 276CE with reference to paragraph 276ADE (1) (iii), (iv), (v) and (vi) of the immigration rules. Accordingly, you do not qualify for leave to remain under the ten-year partner root of appendix FM or the ten-year private life route of part seven of the immigration rules.
