Post
by Raveena » Tue May 26, 2020 10:02 am
I am new to to this forum and not able to create new topic as this relates to my husband’s delayed appeal. I would please request you to advice me.His immigration history is:
Entered UK on 23/08/2010 as Tier 4 dependant,leave was valid until May 2012. Got PSW dependant from September 2012-September2014. Applied intime for Tier 4 visa . Got rejection on 30th October,2014. Appealed and won. Recievied Tier 4 dependant from May2015-Oct 2016. Applied for FLR(HRO) before expiry of current visa. Received refusal on 21st September 2017 with certified Appeal rights.Applied under FLR(HRO) on 3rd October,2017. Granted Leave outside immigration rules(LOTR) from 15th May 2018-17th November 2018 ,basically because of my son’s premature birth and his health needs.We had some arguments and social services got involved, because of his alcohol addiction they moved me and baby separately since it was case of Domestic violence. I was told in case I meet my husband they will put child safeguarding plans. Even they told me to remove him from my visa application .
So the application that I send for further renewal on oct 2018 as him as dependant but then I wrote letter to Home Office and removed him.
His current leave was valid until 17th November,2018. He filed another application on 16th November,2018 through solicitor. He had to give his biometrics thrice after getting letters from Home Office ( that was something strange ).Whole year passed, in November 2019 his solicitor contacted Home Office about updates and they mentioned that they already sent to him refusal in July, 2019.Neither my husband nor solicitor received any refusal letter. His solicitor said he asked them to fax him. Refusal was with appeal rights. So his solicitor files out of time appeal in November , 2019.
Solicitor did not give us any Appeal Reference number. We contacted tribunal for our peace of mind if any appeal was lodged under my husband’s name . They denied that there is nothing on their database. Our solicitor said that Home Office needs to approve appeal first before tribunal accepts. We are in diellema , already 6 months have passed since then and no updates.
Social services did assessments and we reconciled and started living together from December, 2019. They have discharged us.
Queries are:
1) If you can please let me know , how does our of time appeal work ?? Is it true that Home office needs to approve appeal application first??
2) I am hopefully getting ILR under long residence in July, what options are for my husband??
3) can we argue in court that because of home office not sending refusal letter, he became overstayer, otherwise it was an easy case. They should give discretion for him under ILR(LR).
I would please request you to guide me how to go further with his case.
Thanks