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I confirm that. Even the simplest queries are given answers very close to fantasy.
Thank you both for responding so quickly.Casa wrote: ↑Wed Jul 17, 2019 12:58 pmI believe the situation you've found yourselves in has been complicated by the fact that your wife's previous visa was issued under the relationship with her unmarried partner, which subsequently broke down. The ex-partner was required to notify the Home Office that the relationship was no longer subsisting. The notification may well not have taken place, but the circumstances will have been evident on the HO system when processing this recent visa application.
You aren't able to switch from one partnership/spouse visa to another when in a new relationship, so FLR(M) would also have stood to be refused. The HO 'help' line is outsourced to any agency, with call centre staff who have very limited knowledge on the Immigration Rules, even on the simplest of issues and frequently give incorrect advice.
Can you post the exact reasons given in the refusal letter (omitting any personal details).
Has your legal advisor made you aware of the considerable costs involved in a JR
Thank you, responded above.Zerubbabel wrote: ↑Wed Jul 17, 2019 2:04 pmI confirm that. Even the simplest queries are given answers very close to fantasy.
For the OP. please don't worry. I know it's easy to say that but I can't tell you myself how many times I received letters asking me to leave the country immediately. This happened in multiple countries and I now have 3 citizenships
I don't know about any judge in this country that would require the police to forcibly remove a women involved in a bona fide marriage. The case was made complex by the fact that she had a partner before and got a residence based on that relationship and now she is in a different relationship. Socially, there is no issue with that but when it comes to visas and residence, it's a complication factor.
What are the reasons stated in the refusal letter? They always say why they refused. This is usually a good start to see how to go forward.
Hi yes, that is it exactly, there is no reason not to live in the UK, but neither is there one not to go to Zimbabwe so do that.Zerubbabel wrote: ↑Wed Jul 17, 2019 3:08 pmI understand you want to write to the case worker and plead further with him about your case.
However, even if it seems the right thing to do on a personal level, it's not productive to do it this way. The Home Office is a very formal institution and any move you do, has to be within a clear legal framework to have any effect or validity. Writing a letter to the case worker is not an appeal and I don't want you to miss appeal window and opportunity.
So to summarize, there is no explicitly stated reason for refusal other than: Go together to live in Zimbabwe, we don't see any insurmountable obstacle against that.
And I understand that, but why can I not just live in my birth country with my wife like 10s of 1000s of other people do. I just don't understand what the issue is. There are 2 other people at work who married foreign spouses and have no issues living in the UK with them.physicskate wrote: ↑Wed Jul 17, 2019 5:15 pmJust going to throw this out there - by 'insurmountable obstacles' they essentially mean you would need an asylum claim to be legitimate in the UK, ie your life is at risk because you would be targeted specifically in the other country. I am sympathetic of not wanting to move out of the UK, but what they mean is not 'it would be inconvenient' which is obvious, but that your lives are at risk/ it would be impossible.
Hi, far from our chosen route but we do recognise it as an option, can you see any issues with that being approved and could I do it as a premium, therefore high speed route?Casa wrote: ↑Wed Jul 17, 2019 6:31 pmThere is another option, although it may not be your preference. Assuming you meet the minimum income level of £18,600 p.a., your wife could return to her home country and apply for a spouse settlement visa to enable her to return to the UK and follow the 5 year route (2.5 x 2.5) to settlement. I believe that is this one, which can be applied for in and out of country, in 2 weeks we will have lived together for 2 years and married for 1. https://www.gov.uk/uk-family-visa/partner-spouse
On another point, did your legal advisor submit a FLR(FP) Partner route application
Sorry, I have explained badly as I didn't know the term, that is indeed exactly what he is doing. Then making a decision On JR based on any response.Casa wrote: ↑Wed Jul 17, 2019 10:33 pmIf you are able to meet all the conditions for the Spouse Settlement visa, the previous refusal shouldn't have any bearing on the decision. You aren't able to apply for this from within the UK.
JR is a very long and expensive process, with no guarantee of success. A Spouse visa application submitted outside of the UK on the other hand, should take 12 weeks or so to process.
Has your Solicitor explained why he isn't submitting a Pre-Action Protocol (PAP) letter before proceeding to a JR?
If you choose not to follow the Protocol prior to the Judicial Review, you can be made to pay your own and the other sides’ (Home Office) legal costs, even if you win the case.
PAP template letter:
https://www.gov.uk/government/publicati ... ial-review
Is there any chance you could point me to the spouse settlement visa?Casa wrote: ↑Wed Jul 17, 2019 10:33 pmIf you are able to meet all the conditions for the Spouse Settlement visa, the previous refusal shouldn't have any bearing on the decision. You aren't able to apply for this from within the UK.
JR is a very long and expensive process, with no guarantee of success. A Spouse visa application submitted outside of the UK on the other hand, should take 12 weeks or so to process.
Has your Solicitor explained why he isn't submitting a Pre-Action Protocol (PAP) letter before proceeding to a JR?
If you choose not to follow the Protocol prior to the Judicial Review, you can be made to pay your own and the other sides’ (Home Office) legal costs, even if you win the case.
PAP template letter:
https://www.gov.uk/government/publicati ... ial-review
Anything you tell them, can be used against you later down the line if it's not well formulated considering existing law, previous cases and procedures in place. If you just go and write she should be allowed to stay for X, Y, Z... they can bounce back and refute your claims easily if they are not written by a seasoned professional.trevor-austin wrote: ↑Thu Jul 18, 2019 7:32 amAlso, any comment on the paragraphs in the refusal telling us to tell them why she should be allowed to stay, but not clear how?
Hi and thanks, we do already have one and he applied for the FLR FP visa which was refused. I believe we should have , and should now be, applying for the FLR-M visa from within the UK as my wife is on Immigration bail, we qualify twice for that visa, in that we have lived together for 2 years AND are married in the UK with home office approval.Zerubbabel wrote: ↑Thu Jul 18, 2019 9:48 amAnything you tell them, can be used against you later down the line if it's not well formulated considering existing law, previous cases and procedures in place. If you just go and write she should be allowed to stay for X, Y, Z... they can bounce back and refute your claims easily if they are not written by a seasoned professional.trevor-austin wrote: ↑Thu Jul 18, 2019 7:32 amAlso, any comment on the paragraphs in the refusal telling us to tell them why she should be allowed to stay, but not clear how?
For me, just as a private individual with some experience in immigration, I think your case is well past the DIY stage. I encourage you to keep asking questions, reading and inquiring about all possible venues, but you quickly need a solicitor specialized in immigration. They are not all good or effective but you need to find a good one asap.
Thanks loads, encouraging that everybody seems to have won in the end. Personally I am convinced we have applied for the wrong visa and they probably correctly turned it down. I think if we do the marriage visa route we can actually give a LOT more evidence of both why we should be in the UK and not in Zimbabwe. If that should get turned down I will definitely take your approach, it is so ridiculous when my wife is even allowed to vote, and indeed voted for our MP! that there is even any question about it.THO wrote: ↑Thu Jul 18, 2019 2:02 pmTrevor,
When mine and my now wife's marriage visitor visa got turned down, with no right to appeal or judicial review, I ignored that and went to my MP. He raised it with the HO, through channels we can't use. She was in VN when we applied though.
I also took a second direct complaint route. Not an appeal or request for judicial review, but I did my own Pre-action Protocol. I formally asked them to justify their stance, and threatening them that, there was no reason to re-apply as I could not give any more evidence, that I had more than surpassed the required level of proof etc, so my next recourse is court action if you don't overturn the decision. I could let you have the email address I used if you pm me, if you want.
It's so bloody frustrating that the HO don't talk to anyone, and everything takes an age to do, when it could be sorted in just a few minutes. But, my MP was helpful. Good luck.
Agreed, it is disgraceful, espe ially in our case when the home office already approved of us getting married in the UK. How can they then let us refuse to live here. As a British citizen I seem to have so many less rights in my own country than some immigrants and certainly ANY other EU citizen would. I honestly can't make sense of it.THO wrote: ↑Thu Jul 18, 2019 5:21 pmWell, it should be my given right to marry and live with anyone I choose, obvious exceptions granted, as I am 100% British, it should be a fairly simple formality. My human right to be with a girl I met in Germany.
What the HO don't seem to take into consideration is what would be in it for me if it was a SCAM marriage? They keep trying to find any stupid thing they can to refuse. They just got back to us today and want my unaudited accounts for 2018-19 year. But since I don't use an accountant as my accounts are simple, I had to spend ages putting the numbers together, and I really don't see how much I spend on travel is relevant to this at all! My tax return shows I earn a lot more than I need.
I read on here so many people who have just arrived themselves who are able to meet someone twice, and then get married within a year, and bring their wives in, because it's in their culture.
I don't seem to have the ability to PM, maybe not enough posts or time on the board yet, are you able to PM me?THO wrote: ↑Fri Jul 19, 2019 9:39 amThere is also the money as well, after 2.5 years, we will have to find another £1K+++ whatever they have put it up to, so we can keep living together, and then I really don't know what the final payment is at year 5. It's a tax on my marriage. I have a good mind to see what action can be taken against the HO for this, what I consider to be breach on my human right. What if in 2.5 years, I am just making ends meet, but don't have that money to waste on a visa?
The HO want to see my savings/ income is sufficient, and then grab a load of it so my life is harder.
I feel for you, especially as you are together now. PM me if you can.