Fresh Application

[blessedlady]

I am new on this forum.
My situation is like this.
>Came to this country as a tourist 1996. Overstayed.
>Met my husband in 1997 but never lived together, not in favour of it(devout Christian)
>My husband is a resident of UK
>Got married in Feb 2002
>Gave birth in June 2003 (son is British Citizen)
>Made an application to the Home Office Sept 2003, was refused, (they thought that the marriage was not genuine and subsisting., that it does not pre dates the service of enforcement notice by at least 2 years.
>Moreover , although my husband is settled here, it is beleived that he could reasonably be expected to live abroad with me.
I was served with IS151A (but no formal document attached on my refusal letter) but allowed to have an appeal.
>Advised by the solicitor, not to appeal but to apply for a re entry clearance visa.
>solicitor advised us to go to MP to ask for an assurance letter that I can come back to the Uk. After one week received a letter from the MP, stating that he already wrote to Home Office Minister. Unfortunately the MP lost in theprevious election
>Until now I haven't received any news.
> My husband is entitled to received benefits but he decided to cancelled all the benefits except for Child Benefit just in case my application is assessed.
>Can I make a fresh application?? I know it is far too long to wait for the 14 year concession. but since I was served with IS151A , will it affect my application.
Or maybe I have to wait for the seven year concession,
Any advice is highly appreciated.

Thank you.

[ilm]

From my own experience, and that of many others on this forum, your best, and possibly only option, is to leave and apply for a visa in a country you are are legally resident in. You havn't mentioned what your home country is?

Our solicitor too mentioned we could get the court to force the HO to provide a letter stating you can come back, I was told it was possible however I have yet to hear first hand anyone who got this. It also would require a long wait and plenty of legal fees, with no guaranteed result.

We decided in the end to go for it and make a comprehensive application in my wifes home country. It was nerve racking but definately worth it.

Someone else will answer you questions on making a fresh application or concessions but I suspect neither will be possible.

[eliasuk4u]

Hi,

From my own experience going back home and applying is the best option than appealing to HO. Its a complete waste of time. I was an asylum seeker in UK for 7 years and been married to British Citizen for 4 years yet HO rejected my application. I prepared my evidence folder with the help of this forum, left Uk and got spouse visa the very next day. So the best way to solve this problem is prepare your evidence folder leave the country and go back to your home country and apply in British High commission.
Goodluck

[blessedlady]

Hi,

From my own experience going back home and applying is the best option than appealing to HO. Its a complete waste of time. I was an asylum seeker in UK for 7 years and been married to British Citizen for 4 years yet HO rejected my application. I prepared my evidence folder with the help of this forum, left Uk and got spouse visa the very next day. So the best way to solve this problem is prepare your evidence folder leave the country and go back to your home country and apply in British High commission.
Goodluck

Thank you all for the advice. actually I'm considering that option. But the thing is my husband doesn't want to spend money. Can't see his support on this matter. But I can use some of my savings. How about the joint account, is there any particular amount?? thousands or more????(He's afraid that I can't come back in the UK).

[eliasuk4u]

is there any particular amount?? thousands or more

The answer is no. As long as you can prove that you and your partner won't be claiming any public funds and can manage on your own you will be fine. Joint account will certainly help in proving that your marriage is geniune and you will be living in same address.

(He's afraid that I can't come back in the UK).

Why not? what makes him think that?? But if you make sure your evidence folder properly with all the supporting documents, you will be fine.

Goodluck