Post
by nilemarques » Sat Sep 14, 2013 8:29 pm
[quote="hatchsead"][quote="nilemarques"][quote="hatchsead"][quote="Believe2013"][quote="verbina"][quote="tinapalak"]Bad news, my application was refuesed today after 11 months of waiting with no right of appeal . Can't understand what is going on with this 7 years rules and why they are doing this with us . I am very upset today.can't decide what to do next?[/quote]
Sorry to hear this darling, you re not alone!! Its heartbreaking to see so many people using a 7 year child rule getting refused. You have many options to choose from, what is your solicitor suggesting?[/quote]
Good morning All,
@Tinapalak, I am truly sorry, I know its heart wrenching but you have to fight on. According to the amended IDI kindly supplied by Nile (thank you once again, I went through it thoroughly) you satisfy all the points below. What on earth are they thinking?
[b]2.2 Family Life with Children
Where a person asserts that they have family life with children, the decision maker must ensure that the person can satisfy all of the factors listed at (a) to (e) below:
(a)
They have a genuine and subsisting parental relationship with a child who is under 18.
(b)
The child is in the UK.
(c)
The child either:
i.
is British; or
ii.
has lived in the UK for at least 7 years preceding the date of the immigration decision.
(d)
It would not be reasonable to expect the child to leave the UK.
(e)
There is no other family member who is able to care for the child in the UK.[/b][/quote]
@believe2013, i am aware of this and my application was based on this argument citing each sub-section of this paragraph. Unfortunately, most so called solicitors don't argue their clients cases on this points by breaking it down each sub section to drive home their points. The 7 year rule is not a automatic guarantee for visa.
@tinapalak, if it's not going to a problem, ask your solicitor to make a case for reconsideration + PAP or you may choose to put in a fresh application and break down this paragraphs well enough to box them into corner. I posted something that could be of help on page 284 of this thread.
The HO is making a big mistake with the way they arrive at decisions on the 7 year rule and i see them shooting themselves in the foot. It will get to a stage that someone will challenge this in court and say that the child should qualify for ILR instead of (2.5 years x 4). “Never interfere when your enemy is in the process of destroying himself.”
Tinapalak - If you don't have the best of everything, make the best of everything you have! It is well[/quote]
I most say it is quite intriguing how a refusal decision can be made, especially for myself as I can see that I qualify on all aspects of the family life route.!
I thinks it's also imperative to know that that the family route is just one of the aspects that they are looking at and refusing. I as the main applicant was refused on the basis that
-I had not lived in the UK for at least 20 years(276ADE) ( iii),
-At the time of application, I was not under the age of 18 nor was I 18 or above but under 25. Rule 276ADE (iv) and 276 ADE(v)
- Not satisfied that I have lost ties to my native country 276 ADE(vi)
My kids failed according to below paragraph:
"E-LTRC.1.6. One of the applicant's parents (referred to in this section as the "applicant's parent") must be in the UK and have leave to enter or remain or indefinite leave to remain, or is at the same time being granted leave to remain or indefinite leave to remain, under this Appendix (except as an adult dependent relative)."
I hope this can shed some light on what we are up against.[/quote]
@nilemarques, there is a thin line between applying under private life and 7 year rule technically speaking.
As i mentioned earlier, in the bid to box them into corner - I applied through my eldest child who has spent 7 years in the UK under the 7 year rule and also citing the ECHR Article 8 and another separate application for myself and the rest of the family under the private life ECHR Article 8 - right to private family life. I didn't want to put all my eggs in one basket.
I hope this helps?
I am guessing your case was treated by one of these £6.50 an hour recruits or the caseworker could have been half awake when treating your case, as for me, nothing surprises me anymore with the way cases are decided in the HO. That is more reason why we need to continue to pray for favour and mercy. It is well![/quote]
@ Hatchsead,more or less like £4.20 mate. Maybe they
are employing undocumented peeps like us and undercutting wages of the great British public. Lol! ( no offence everyone, just kidding around). I'm quite sure if it was one of us, there would be visas in abundance! Praying we will not stop despite the obstacles in our way!
