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worrier wrote:Dear All,
I appplied for ILR 3 years ago based on marriage to an Irish national , but it was refused because my husband was unemployed for a while prior to making the application.
You said in your first post that: "I appplied for ILR 3 years ago based on marriage to an Irish national , but it was refused because my husband was unemployed for a while prior to making the application"worrier wrote:The ILR application was based on my marriage to an irish citizen. that was the reason given to me when my application was refused
Why on earth did you not apply for a spouse visa under normal United Kingdom immigration rules? Irish citizens can sponsor for a spouse visa under standard United Kingdom rules. You would be a permanent resident long ago had you done that.worrier wrote:I hope this clarifys things
I originally had a 5yr residencey based on my marriage to an EU citizen ( Irish). We then applied for indefinite leave to remain (form EEC2) towards the end of the expiry of the 5yr . Unfortunately, my husband had not worked for most of the 5yrs prior, which is one of the requirements to qualify for Indefinite leave.
I received a letter from HO, where they said that my application was rejected based on the above and no longer had any basis to stay in the country and had 28days to leave the country. By then my 5yr visa had expired.
Does your solicitor not know the answers to these questions?My solicitor advised to wait 6months later to apply for ILR based on 14yr residency. Which we did 20months ago and are still waiting for a reply from the home office.
My concern right now is that the letter giving me 28days to leave the country may have stopped the clock and would only have been here for 13yrs 6mths which does not qualify me for 14yrs ILR application. Is this the case?
I know these applications take time to be processed and I wonder what the maximum wait is usaully. 5yrs?? more??
An online forum cannot act as your own lawyer. If you are not comfortable with your solicitor, you do have the right to find another one. Check your contract with existing solicitor to see what fees you might still have to pay if you terminate his services. And if you feel you have been poorly advised, there is a complaints process at the Law Society.worrier wrote:Right now, I'm really not too confident in my solicitor. He tells me not to worry, that everything will be ok and just sit back and wait for the HO to respond to us.
That's why, I've come to this board, hoping that somebody will be able to provide more information to me
Possibly not. A solicitor's first duty is not to his client, it's to his mule... and covering it. He is more skilled in appearing to do his job than in actually achieving what you hired him to achieve. That's where his main experience lies. His second job is making money. Then he has loyaties to his firm and partners and law society mates etc., etc. You come a distant 163rd. Not necessarily an impossible situation but if you recognise it for what it really is you are better prepared to get where you want to get.Does your solicitor not know the answers to these questions?
This is the only reason that my lawyer told me. What could be the reasons. How can I find out the options that are available for me.No it isn't, why do you think that?
What is the case is that the person is exercising Treaty Rights but there are a number of ways of doing that.
As previously said there are a number of ways to exercise Treaty Rights :-This is the only reason that my lawyer told me. What could be the reasons. How can I find out the options that are available for me.
So in what way is your spouse exercising Treaty Rights?People exercising Treaty Rights are defined as those who are exercising freedom of movement and residence as workers, self-employed people, providers and recipients of services, students, retired persons and other self-sufficient people.
Hi John,So in what way is your spouse exercising Treaty Rights?
I find this very strange, since I got ILR last year and I hadn't been working full time over the previous 4 years (the time required was later increased to 5 years). As John has pointed out, working is only one way of "exercising Treaty rights". Other ways include being a student, or a person of independent means. Unless your husband was in prison or collected public funds for some of those 5 years, I don't see why he shouldn't be able to qualify for ILR. A possible reason why it was denied could be that he was unable to prove his status. In my application I enclosed the following documents:worrier wrote:I think I have answered that. He applied for ILR based on being an EU migrant worker. The homeoffice refused his application as he had not worked for the whole of the 5yrs.
Why did you not apply for a spouse visa instead?worrier wrote:We were therefore adviced by a lawyer to lodge another application, based on me being here for 14yrs. This is the situation at the moment
I am very confused about the whole thing now. The letter HO wrote that my husband was not exercising his treaty rights and so I so had not have basis for remaining in the country and gave me 28days to leave. My lawyer told me it was because he was out of work for a long time within the 5yrs and that was why the application was rejected.I find this very strange, since I got ILR last year and I hadn't been working full time over the previous 4 years (the time required was later increased to 5 years). As John has pointed out, working is only one way of "exercising Treaty rights". Other ways include being a student, or a person of independent means. Unless your husband was in prison or collected public funds for some of those 5 years, I don't see why he shouldn't be able to qualify for ILR. A possible reason why it was denied could be that he was unable to prove his status.
Could someone who knows please answer these questions especially the 28 days letter, and if complied with would it still have an effect on future visa applications?Janit wrote:Could someone clarify the differences between:
1. The issuance of an intention of notice to deport (who gives it?)
2. The intention of notice of removal (who gives it?)
3. Letter saying 28 days to leave the country and who follows through
to ensure it is complied with?
Are they one and the same thing? Sorry, I am confused about it now.
Did the actual letter state why they thought he had not been exercising Treaty rights? Did he ever use public funds, e.g. unemployment benefits?worrier wrote:I am very confused about the whole thing now. The letter HO wrote that my husband was not exercising his treaty rights and so I so had not have basis for remaining in the country and gave me 28days to leave. My lawyer told me it was because he was out of work for a long time within the 5yrs and that was why the application was rejected.