FLR (O) REFUSED

[zagoo2000]

Urgent Help

Dear friends,

I made an FLR (O) application through my lawyer in March 2013. I received Biometrics in May 2013.

On 28th June my laywer received a letter stating my application has been refused. My child is british and my wife has ILR. The point they issued in my application is that i am not legally married under British Law as we are Muslims and we have done our Islamic Marriage. They raised an issue against my marriage. They also accepted me as a father of British child. The base of my application was that i am the father of British Born and they still refused the grounds on which the application was made.

Now I dont no what should i do. As i also do not have right to appeal. In these circumstance i dont no should i go to high court.? What are the chances if i, myself do the submission of application.

Please advice.

[Obie]

Yes, this is the type of refusal that is common in many cases.

They will not consider under the parent provision, as you are in a relationship with the mother of the child, therefore you will not qualify.

How long have you been in a relationship with the mother of the Child?

[zagoo2000]

Yes, this is the type of refusal that is common in many cases.

They will not consider under the parent provision, as you are in a relationship with the mother of the child, therefore you will not qualify.

How long have you been in a relationship with the mother of the Child?

Many thanks Obie, I have known the family for about 6 years and the mother of the child for 2 years.

What options do i have:
-Do i have a chance if i do a uk marriage and then make a fresh application?
-Going in the (absolutely unaffordable) high court route will be a better option?
-Or is there any other option that i'm not thinking of in this tensest situation?

Please advise...

[Obie]

Well, have you been together as wife for two years yet?

How old is your child?

If you have been together in your relationship for less than two years, then marriage might be an option, provided that UKBA will not disrupt it.

Otherwise, the option will be a Judicial Review application, which may have a good prospect of success.

The difficulty i see with cases like yours, is that, the UKBA gives no weight to the fact that, had you not been in a relationship with your wife or partner, your application would have succeeded.

It cannot be right, that you are penalised, because you are in a relationship with the mother of the child.

[sedor21]

Well, have you been together as wife for two years yet?

How old is your child?

If you have been together in your relationship for less than two years, then marriage might be an option, provided that UKBA will not disrupt it.

Otherwise, the option will be a Judicial Review application, which may have a good prospect of success.

The difficulty i see with cases like yours, is that, the UKBA gives no weight to the fact that, had you not been in a relationship with your wife or partner, your application would have succeeded.

It cannot be right, that you are penalised, because you are in a relationship with the mother of the child.

Yes Obie is right HO are not encouraging living together as a family they prefer you to be separated from your partner. May i ask did they return your passport to you .

[Obie]

UKBA don't usually return passport, where the leave has expired or where the person had no leave at all.

It will be interesting if they returned it, in this case.

[zagoo2000]

Well, have you been together as wife for two years yet?

How old is your child?

If you have been together in your relationship for less than two years, then marriage might be an option, provided that UKBA will not disrupt it.

Otherwise, the option will be a Judicial Review application, which may have a good prospect of success.

The difficulty i see with cases like yours, is that, the UKBA gives no weight to the fact that, had you not been in a relationship with your wife or partner, your application would have succeeded.

It cannot be right, that you are penalised, because you are in a relationship with the mother of the child.

Exactly, i was shocked and really disappointed the way ukba responded. After my biometric i was very hopeful for a good news but sadly it ended like that...

here:
-We got married in Sep 2011 and living together since then. My child is now 13 months old.
-We are 1 month shorter than 2 year, but what i don't understand is how the uk marriage is going to make a difference and on what ground the UKBA will disrupt it?
-Judicial review application is a real costly route for me, would you advice what are the chances and what sort of time would it take?

2 route i can't afford financially to follow:
-leave the mother and the child here by themselves and go back home. it will be extremely difficult for her financially to bring me back...
-high court or judicial review costing and time...

i don't want to lose hope just yet.

Yes Obie is right HO are not encouraging living together as a family they prefer you to be separated from your partner. May i ask did they return your passport to you .

the lawyer has given me some of the documents. he is advising me to take it to the high court and fight it there and asking for £2-3k upfront. i dont know what to do with that. i didn't get passport from him though. i will check it up with him again.

What difference would passport make? please advise.

[progeny5kay]

Urgent Help

Dear friends,

I made an FLR (O) application through my lawyer in March 2013. I received Biometrics in May 2013.

On 28th June my laywer received a letter stating my application has been refused. My child is british and my wife has ILR. The point they issued in my application is that i am not legally married under British Law as we are Muslims and we have done our Islamic Marriage. They raised an issue against my marriage. They also accepted me as a father of British child. The base of my application was that i am the father of British Born and they still refused the grounds on which the application was made.

Now I dont no what should i do. As i also do not have right to appeal. In these circumstance i dont no should i go to high court.? What are the chances if i, myself do the submission of application.

Please advice.

Hi Zagoo200, I have just read your refusal and I am very sorry to hear the bad news but I do think you have a chance of succeeding if you take it to high court on the bases of marriage but on the bases of article 8 even though i realize your cohabiting is a month less than 2 years i still think the decision is harsh, because under normal circumstances you don't need to be married you just need to be cohabiting for 2 years and you will be treated as like a married couple under common law and i do recognize that you might have applied as a father of a British citizen and they have gone to consider you under on the basis of relationship but that dos not change the fact that you still have a right to family life so i will advise you to collate your documents, get a professional advice and read more about article 8 and you can represent your self forget about this lawyers and i am 90%certain you will win your case

[Obie]

Have you got documentary evidence of having lived together for a period of 2 years. Joint bills, joint tenancy agreement, or bank statement or any other utility bills covering a two year period.

Firstly, you will need an ID to register a marriage in the UK. Secondly even if you get through this hurdle of being able to register the marriage, UKBA may potentially disrupt it.

We have seen even in the days before the COA was established, UKBA has been to wedding celebration and arrest a groom, on the basis that he has no right to be in the UK, so he cannot marry. These are cases where they are satisfied the marriage is not one of convenience.

If you watch UK border force, on TV, one saw a man who had lots of wedding guest at their wedding been arrested, and his wedding disrupted.

I accept these are uncommon these days, but there is a possibility.

However if you had lived together for 2 years, then that could be a basis for challenge, or the fact that the decision did not take account of your child's best interest.

[zagoo2000]

Thanks Obie for the advice and progeny5kay for the confidence.

A bit more back ground:

-We got engaged in Feb 2011
-We will be able to show proof of sharing of the same address and joint bank account that we are using for a year (i think)
-My wife had ILR back in Oct 2012, so she will become eligible to apply i believe in Oct 2013 for BC
-For marriage my local council is asking me to provide a passport, that i don't have
-My visa has been expired since 30/06/2010, and i was an overstayer since and now this refusal with no right of appeal.

My next application would matter all the above.

Shall i try another council for marriage?
Shall i wait for another month to complete 2 years of living together?
Would somebody provide me with a ukba link please?
Shall i wait for my wife to get BC?

[Obie]

Naturalization will not have much effect on your case.

It will be difficult for a marriage to be registered without an ID.

You can either wait, until you have gathered proof of cohabitation for 2 years, or see if you will be able to successfully register a marriage without an ID. Or take the Judicial review option.

I believe the JR option might be the short term option, but it may have some cost implications. If however you succeed, you could get your cost paid by the UKBA.

You could wait for another year, until you get evidence, provided the government has not made things tougher, or a ECHR ruling has not been made, which gives them a boost to impose more restrictive requirements.

[zagoo2000]

Dear members, I need advices and your opinions If I get the DL visa through the high court so would i be able to apply for spouse visa while on DL visa from outside the UK or if possible within the UK. ? Please share your advices. Many Thanks

[Obie]

The court cannot give you DL, It can only ask UKBA to reconsider its decision again, if they acted unlawfully.

If you succeed in your case, and the matter is returned to the UKBA, and a new decision is made, it make no sense applying for spouse visa, except you will not need exemption 1. This in any case could be done in the UK, but you will have to improve your earning, if it is not with the 18600 boundry yet.

The benefit of this is 5 years, as opposed to 10 years wait for ILR.