Wife's FLR(M) refused - advice please

[doddy]

On Thursday 5/11/09 my wife got the Home Office refusal letter and 10 days to appeal or leave the country. So we're appealing it.

Their reasoning is that her original LLTR was for 6 months or less. She's not overstayed or otherwise broken the law. I am British.

UKBA say that they have considered Article 8 of ECHR and find that refusal is justified and appropriate as we "could, with only some hardship, set up family life in Asia", my wife's home region. The letter states that my wife and our chid have no status in the UK - however, our child is 17 months old and has a British passport and a British birth cert. We have been together since 2006 and married since Jan 07. UKBA notes that my wife cannot show support without recourse to public funds.

I have been on benefits since January 09 because of a CRB muck up, then suffered some medical problems that required 3 weeks in hospital. I am a science teacher, not on list 99 or that sort of thing, and pretty much unemployable now in the current climate of child related terror gripping the UK. We are in debt and I receive married JSA, housing benefit and council hostel accommodation. Child Tax Credits have been dragging their feet for 7 months because my wife has no NI number. I am applying for jobs, getting interviews and offers that are withdrawn when health issues are raised. It is a disaster.

We are sticking to Article 8 as it seems that is all we've got. Getting hold of a lawyer is proving difficult and we have no funding available for one. Whilst we are both moderately bright people, neither of us have been in a situation remotely like this and so we are not really sure about some things:

Form AIT 1:
Page 3K. Should my wife have an oral hearing?
Page 3M. Does asking for an interpreter delay the time to hearing?
Page 6G. Can I put in my own sheet instead? Not enough space here. Is there a standard sort of a response I should be using?
Page 7s5. Shold I attach Forrester and Chikwamba JRs? Anything else I should be thinking about here?
Page 8s6. Do I fill this as I'm doing the form filling and so on?

I gather it takes up to 6 months for the hearing to take place. Is there any way to speed this up or otherwise add urgency to the process? Is there a limit to the time by which the appeal has to have been heard?

Is it essential to have a lawyer present?

Is it possible to go to the caseworker who made the decision and point out that they had evidence our daughter's British Nationality, they made a decision using incorrect information and would they like the opportunity to reconsider their decision before I thrash them through any publicly visible avenue I can find - over 7 damn days on a visa that the Embassy wouldn't give her anyway!

We would be very grateful to any advice that people with experience of this sort of thing might have to offer.

Thanks.

[doddy]

Some of you have looked, none responded.

Please, just simple advice on the points I raised on filling the form would be useful.

Appeal must be submitted Friday. Lawyer yet to be found. This is a nightmare.

[Wanderer]

Sorry, but seems like a correct refusal to me. What visa is/was ur wife on? Tourist?

Art 8 claims are very difficult, esp when the child is so young and can easily adapt.

Can u post the determination, I'm interested in how u feel they made a decision using incorrect information.

[doddy]

Looking to the rules, yes, it appears to be.

But the refusal is to a student visa when my wife's application was for an FLR(M). And it states that our daughter has no status when she has a UK passport and birth cert.

As for Article 8, yes it gets very tricky. It's up to the judge, then if neg a review, then if neg a JR, then if neg to Strasbourg. But if anyone has any useful advice as to the initial AIT non-asylum, I'd be bloody happy as I have to fax the sodding thing on Friday and other than saying "hey, this is my wife for chrissake" I'm not sure what else I can do, is possible and so on.

If all who read this think the situation is reasonable, and I deserve to lose my wife and my child my family, then own up to it. If not, then something positive in the absence of nothing legally useful is at least something I can show to the AIT judge.

Best, George.

[Obie]

Perhaps you could argue on the material facts that they got wrong, that is, the fact that your child don't have a status in the UK.

Secondly, you could agure that Rule 248, which provides for access to a UK child, which is closely linked to Article 8 is breached, by this refusal. Essentially, this would mean, you British child could potentially face deportation, wrongly. This would georpodise the family life you already have with him, as you will be unable to afford travel abroad, and this is impractical.

Thirdly, you could also, if applicable to you, argue that your wife contributes to you wellbeing, and as you are suffering from ill health, her presence, together with that of your child is essential to you wellbeing. That is, if that is the case of course.

I suspect rule 248 will be a more stronger case, although not a clear cut one. If your child is taken abroad, as your wife would be the prefered person for him/her to be with, it would essentially mean that contacts with him is curtailed, which is in breach of rule 248.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Just an idea. Have a look at this and see if it applies to your case. The fact you are unemployed makes your position a bit precarious.

All the best with the appeal.

Chikwamba is a good one, but it would have been stronger, if your child was in school , and asking mum to go abroad would unsettle him. You can nevertheless use it and see how it goes.

There are free legal service in the UK, like Community Legal Service, or the Citizens Advise Bureau. They can be pretty helpful. You should try and give them a go.

[doddy]

Obie, you're a joy. The appeal is lodged and we have a date of 25 January. Didn't think of Rule 248 as so involved with Article 8 but a good suggestion. Unemployment due to CRB and medical - I think that is covered. Your links very useful. As for Chikwamba, we and our daughter are very involved in local Sure Start and have been since August. We found a Legal Aid walk up on a Tuesday to help, limited time to give per client since the local council slashed funding by 60%. You have given more advice than they.

Can you or anyone else now give advice/suggestions/links as to what goes in to the witness statements. It is just my wife and I (as witness). No idea of the format or content of the thing. I figure I can do an index for the evidence bundle.

I am, as ever, very grateful for any help.