In country spouse visa refusal (FLR-O)

[rose_sharon]

Hello all, I would really appreciate some honest advice & little or no criticism please.
I (female, age 30+yrs)have been in this country for the past 10 years. I came here when my father was diagnosed with cancer, to give him support + company. I came on someone`s passport. I have been here since then. I have worked some jobs(I know I shouldn`t) & I paid taxes then too- I had to quit working as I was from an agency & the company wanted me as a permanent member of staff) . I also attended some college courses & I paid my school fees whilst there too. I would always say I forgot to bring my id, to avoid being dismissed.
I met my husband a few years ago, we were able to get married in a registry after the removal of COA. I also had a church blessing later, this was mainly for my family & his.
My husband has a professional job, has a mortgage & is English. We are happily married & trying for a baby for a while now, with no luck. We have a cat. We have been living together at his house for over 2 years now.
I have applied for FLR-O visa 8 months ago(June 2011). This was a whole year after my court wedding as we wanted to have all application documents ready (husband savings, mortgage information, bills in both our names @ our address, wedding photos, pay slips, p60 documents, council tax statements.
My application to the UKBA was refused & I was given a certain number of days to leave the country. I was also REFUSED the right to an appeal. The UKBA say that they have accepted my relationship but that there is no reason why I & my husband cannot relocate to my home country (in Africa) to continue our marriage there. I was devastated. Neither I nor my husband has ever had any criminal record & he is a hardworking man who fell in love with a passport-less woman. He has never been to Africa & has a permanent job, family & mortgage here.
My lawyer has advised me to go for a Judicial review. Firstly to begin with a letter called "pre-action-protocol" to the UKBA to review my case decision. I can`t say on here what my husbands job is, but it is very specialised job of which there are few individuals working in that sector.

Please advice. I will be going to see my lawyer on Monday 11th march to file this "pre-action-protocol" PLEASE PLEASE ADVICE.
Rose

[vinny]

See also Judicial Review.

We have a cat.

Unfortunately, contrary to the Home Secretary's belief, your cat may be unable to help.

[ID29]

... I came on someone`s passport.... Neither I nor my husband has ever had any criminal record...

You do realise that this in itself is potentially a very serious criminal offence? I'm trying not to be too judgemental but highlight it merely to emphasize how difficult you've made your case. You really shouldn't be surprised that your application was refused.

However, I do sympathise with your situation. While your history smacks of attempts to circumnavigate your way around the immigration rules I can also see genuine reasons for the course you've taken. Given that others before you have been allowed to settle in the UK for less, I think you might have an above average chance of success.

I cannot advise on the judicial process as I've no experience of this. But it would help if you can find compelling reasons why you shouldn't be returned to your home country... as well as reasons for staying here. It feels, from reading your brief history, that you are relying too much on your husbands occupation. As powerful as this reason is, you won't be successful if you rely on it alone. Ultimately, the UKBA/Judge will simply take the view that if your husband sincerely loves you he will give up his job and move home with you. You need more than this, in my opinion.

I hope you don't find my criticism too harsh, its really meant as a warning to others. Sadly there are consequences for breaking the rules, more so now than ever before. I really do wish you well.

[rose_sharon]

Thank you Vinny and ID29 .

In the end I went to my solicitor to put in the first step in my application for a judicial review: the pre-action protocol letter. Basically begging them to reconsider their decision on my case. To this letter we have added
1. the nature of my husbands job (a letter from his Director, who included a copy of their passport),
2. the fact that my husband is currently doing a higher degree (a copy of his offer letter & acceptance form was included),
3. we also included evidence of current/on going fertility treatment (correspondence from the hospital).
Fingers crossed, for some good news!

I know almost everyone on this site looks a little bit bad, but my Dad has worked and paid taxes (never been on benefits) in this country for over 24years. The only reason I ended up spending most of my growing years a few miles away (with no parent) was because of botched, lost, misplaced paperwork & multiple delays by the UKBA. Some people are just unlucky & not necessarily evil or lazy.

[ajmal]

Your application and case is not too much complicated and infact strong case in your favour. The hands of home office are very tight and they cannot give everybody leave to remain specially when you are overstayer.

But your lawyer is doing the right process and just follow the advice of your lawyer. It might take long time that home office will reply to your reconsideration.

[micky no]

OP
I was going to start a thread about something similar as I'm in the same boat as you. I guess going with your lawyers advice is a good start.

[rose_sharon]

An update on the situation.

A pre action protocol was submitted – there was no response from the Home Office and so the application for Judicial Review was submitted.
The Acknowledgement of Service letter from the home office solicitor just re stated there case that there are no insurmountable objects to my husband and I leaving the UK to go live in my country.

The judge responded by refusing the application for Judicial Review. The judge states that there are no insurmountable obstacles to leaving the UK. He then states that if the Home Office attempts an enforced removal then this could be challenged – as it may not be seen as reasonable to expect my husband to leave the UK – but that the home office are not required to attempt enforced removal. He notes that at some time in the future it may become clear whether the appropriate test should be ‘insurmountable obstacles’ or being reasonable in such cases (but i suppose he doesn’t think it is his place to do so).

There are only a few days to challenge this decision. I will need to speak to the lawyer – but wondered whether anyone had any ideas on why the judge made this decision and what I should do next.

It might help to note that the first IVF cycle has failed (stress, worry & depression are natural contraceptives) and we are saving up for a new self-funded cycle. And my father (who is resident in the UK) is distraught by the uncertainty of this situation.

PLEASE PLEASE PLEASE, advice... PLEASE!!!

[statician]

hi,

have you had a word with your solicitor regarding making a valid human rights application under article 8?

[rose_sharon]

Update:
Our lawyer says it is not yet time to go for the article 8 route...


I will be in court in a few days. To appeal my judicial review permit. I will be in the high court with my lawyer, facing an immigration judge.

I can only be positive. We have been together almost 5 years. Lived together for 4 years, married for 2 & 1/2 years.
I am also trying for a 2nd cycle of IVF (self funded/we are paying).
Good luck to all in similar situations.

ANY advice would be greatly appreciated.