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Article 8: Right to privacy

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siamsteve
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Posts: 44
Joined: Mon Jan 28, 2008 11:48 am

Article 8: Right to privacy

Post by siamsteve » Thu Oct 07, 2010 2:23 pm

I would like know other peoples views on the above

Article 8: Right to privacy

(1) Everyone has the right for his private and family life, his home and his correspondence.

(2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

I'm finding it hard to understand some of the ECO interpretations of this article The ECO in my wife's case also quoted this article saying i could still enjoy a family life even though we would live 7000 miles apart I can't see how anybody could enjoy family life when you are that far apart also they mentioned about sometimes being over drawn but they neglected to notice that i was always working within my over draft faclility and that the bank were happy plus i was able to live very well had good wages was not cliaming any benefits etc... had been sending 4 to 500 pounds a month to my wife?

Anyway i would be interested to know what other people think?

HRY2005
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Posts: 351
Joined: Tue Dec 08, 2009 3:16 pm
Location: UK
United Kingdom

Post by HRY2005 » Thu Oct 07, 2010 2:54 pm

could still enjoy a family life even though we would live 7000 miles apart
Thats ridiculous.
Live and let live

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Thu Oct 07, 2010 6:04 pm

I'm confused your wife and her 3 children were granted entry but now you say they are back in the Philippines?

siamsteve
Newbie
Posts: 44
Joined: Mon Jan 28, 2008 11:48 am

Article 8

Post by siamsteve » Fri Oct 08, 2010 8:30 am

No my wife and her three children are all now here in the UK my wife since Feb 2008 and the children since July 2010.

I would just like to know people thoughts on the ECO reasons to deny visa applications and then quote article 8

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Fri Oct 08, 2010 9:24 am

The point the Home Office is making is that you don't have to be in the UK to enjoy the right to be together as in Article 8.
You can live in your spouses country or any other country and they are not denying that.There are always more than one way to look at something and the Home Office is saying you can be together in her country.
Of course they do not factor in your home, work, friends and family.
They are not known for empathy

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Fri Oct 08, 2010 3:47 pm

Siamsteve, in one of you other threads this week you mentioned that your wife will be applying for ILR in April 2011. How is this, if she entered on a 2 year spouse visa in Feb 2008?
"my wife since Feb 2008"

siamsteve
Newbie
Posts: 44
Joined: Mon Jan 28, 2008 11:48 am

Post by siamsteve » Fri Oct 08, 2010 4:19 pm

Am i wrong or is this the next step we need to do after staying in the UK under the 2 year spouse visa we would apply for the indefinite leave to remain?

siamsteve
Newbie
Posts: 44
Joined: Mon Jan 28, 2008 11:48 am

Post by siamsteve » Fri Oct 08, 2010 4:34 pm

Just to clear somthing up my wife arrived in Feb 2009 I get real mixed up with the dates as it took a year to get her over from the philippines I have to remember i got married in Nov 2007 and applied Dec 2007 Got denied Jan 2008 then had a very long wait until November 2008 for the appeal and End of Jan 2009 we got a result and the wife's visa Valid from Feb 2009 to April 2011

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