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See also 21.4.17 Refusal on grounds of public policy, public security or public health and 21. Decisions taken on public policy, public security and public health groundsdeltauk wrote:But i dont know what "public policy ground".
Procession of a Family permit or Residence card may make entry into the UK a lot easier under regulation 11(2). But it may not actually be necessary under 11(4); however, entry could also be refused.deltauk wrote:And also i was wondering that if i go back to my home country and then get married there and then apply to move to germany(my girlfriends home country). and then do i still need to get clearence to come to UK or can i just travel with her as i will be a family member. I dunno how all this works.
So my question is can we get married in my home country and then apply to german high comission to go and stay there and then move to UK in couple of months.
I concur.VictoriaS wrote:I would wait.
One question: would you still consider to marry? I know this is a rather intimate question, but it can make a bit difference to your case. If you apply as an unmarried partner, there is some discretion in the handling of the application. Whereas once you are married, you have to be granted residence (unless there are truly exceptional circumstances such as a long prison sentence).deltauk wrote:Just to give you a brief background since I submitted my application: I have applied for a Family Permit with my EU girlfriend (living with her for last 3 yrs and more)
As said before, the maximum time is 6 months. The Home Office should have responded by now, and I think you can chase the application. There is no guarantee that it will make a difference, but you are entitled to a decision.My application for eea2 family permit was submitted in FEB 2007. So far it’s been 13 months and I have not heard anything about my application.
I think the advice is reasonable, but it is not all black and white. Leaving now would not cancel your application, but you may have trouble getting back into the country. Legally you are in the clear, but the law is broken on a regular basis. It can be difficult enough for people with a spotless history, so I would be very careful.I am in dilemma as to what to do, my solicitor has told me to sit tight and wait for the outcome, and perhaps he doesn’t understand the close net of my relation with my family.
In his opinion if i want to go back then I should actually withdraw my application and start the whole procedure from scratch i.e. get married in India and then apply for EC on the behalf of being a husband spouse. But because of the new HC321 law i will be banned for a year.
Good luck. I never got a useful response out of them.All i am trying to do is get a reply from HO as this is been dragging on for more than year and not sure when will i get a reply.
I think 1) is no longer possible, because even the CoE checks your immigration status. I agree with your lawyer that 2) is probably the best option. 3) is more hassle, and there could be a delay, but in the end it should certainly work, too.1) Either get married in UK (without COA but recognized by HOi.e. church of england)
2) Sit tight and send HO a letter mentioning my Dad’s condition and hope they will speed up the process
3) If I do go back to my home country and get married to my partner then how long will it take to return to UK?
There is no easy answer. It depends on how aggressive you are about defending your rights. In theory you can go, but it may be a difficult and slow process to get back.I have spent the last 96 hours trying to think how to resolve this situation. I would appreciate if someone can suggest any thing.
We both want to marry but it wasnt planned to be in england we were hoping to be married now if i could travel and had my status sorted.deltauk wrote:
Just to give you a brief background since I submitted my application: I have applied for a Family Permit with my EU girlfriend (living with her for last 3 yrs and more)
One question: would you still consider to marry? I know this is a rather intimate question, but it can make a bit difference to your case. If you apply as an unmarried partner, there is some discretion in the handling of the application. Whereas once you are married, you have to be granted residence (unless there are truly exceptional circumstances such as a long prison sentence).
Dont understand can you elobrate on this a bit.because the UK has still not implemented recent case law from the ECJ concerning applications made outside the EU.
That is highly unusual. It would improve your status quite a bit, so it is certainly worth considering. Usually the CoE is not supposed to do this.deltauk wrote:THSTHS what i want to know is lets say i got married in england (as my local church where we both go has agreed for the CoE wedding).
That is a tricky question. Try Victoria, maybe she can answer it. I think they should consider new evidence. But then again they should also decide your application within 6 months, so it is not certain how they are going to respond.Do i need to send a new application and start the clock again and wait for HO to make some decision as an married partner Or can i just send my marriage certificate saying that the circumstances have changed and this is the marriage certificate.
The ECJ has decided in several cases that your right to join your spouse does not depend on your current status or your current residence. However, the UK immigration system still refuses applications for minor reasons made outside of the EU. And they do this although they know it is wrong. So applying from back home may take some time.Dont understand can you elobrate on this a bit.because the UK has still not implemented recent case law from the ECJ concerning applications made outside the EU.
thsths wrote:Hi Deltauk
That is highly unusual. It would improve your status quite a bit, so it is certainly worth considering. Usually the CoE is not supposed to do this.deltauk wrote:THSTHS what i want to know is lets say i got married in england (as my local church where we both go has agreed for the CoE wedding).
That is a tricky question. Try Victoria, maybe she can answer it. I think they should consider new evidence. But then again they should also decide your application within 6 months, so it is not certain how they are going to respond.Do i need to send a new application and start the clock again and wait for HO to make some decision as an married partner Or can i just send my marriage certificate saying that the circumstances have changed and this is the marriage certificate.
The ECJ has decided in several cases that your right to join your spouse does not depend on your current status or your current residence. However, the UK immigration system still refuses applications for minor reasons made outside of the EU. And they do this although they know it is wrong. So applying from back home may take some time.Dont understand can you elobrate on this a bit.because the UK has still not implemented recent case law from the ECJ concerning applications made outside the EU.
Tom
noush wrote:good luck. let us know what happened... i know you did such a silly thing but i really feel for you.
hope to hear from you again.
It may help your case is difficult to decide, because it would simplify the legal situation. But it would still take a few more weeks, I assume. So it may help, or it may not, depending on what the problem is.deltauk wrote:What i also need to know if i send my marriage certificate will that actually help the application?
Yes, contacting your MP is a good idea, because he will at least get a response from the Home Office, and he can put a bit of pressure on them, too. You can also contact SOLVIT, http://ec.europa.eu/solvit/site/index_en.htm, the European citizen service. They cannot usually change anything about your case, but they will enquire about the status, and they give you legal advice on how to proceed. Finally you can write to the European Commission. They will take a bit longer, but they do have quite a bit of power. SOLVIT will usually refer the case to the commission if that seems necessary.I am also not sure if there is anything else i can, like involve my local MP?
Yes - and like I said, for every bogus / scam / sham application & overstay - there are US LOT who suffer because we play it by the rules, and then get hammered by the authorities because they just assume that we are no different when we apply for simple visitor visas for our relatives from the subcontinent.deltauk wrote:Gollywood,
To be really honest i am not looking for sympathy but advise, And gonna be really honest with you here.
When i first came here i had no intention to stay i had everything, i spent over 50K on my degree and to be honest i earn now and at that time of the issu over six figure salary. I met someone fell in love with that person my family circumstances changed went through a lot and going through a lot. Do you really think i wanted to be in a situation like this.
God forbid you ever have to go through what i did but never judge a book from its cover. You dont know from reading a forum who i am and what situation i am in..
In this situation I couldnt care less what u think i am here for people like THSTHS, PAULP, YANKEEGIRL, NOUSH, VICTORIA and many more who can undrstand what i am talking about so i would request you rather not reply if you got nothing to add. I know i have done what i shouldnt do but just sit back and just think about something you shoulndt have done.
There is a saying "People Who live in glass house themselves shouldnt throw stones at someone's else house" --- I hope you got the meaning of what i am trying to say here.
Regards and God Bless you.