I agree with the idea of returning home, I am of the opinion that the OP's husband should return to his home country and apply like I said in my earlier post. I only advise on the other way round as the OP expressed her concerns on risking any separation from her family. I commented on a post yesterday of someone who returned home since 2008 to apply but was refused on 320(11) and appeal dismissed, wife was asked to go live with husband in his home country (only in few cases though).Wanderer wrote:In this case it seems prudent that the OP's husband return home at apply from there was we've all had to do. It's proportionality, HRA Art 8 might be successful after a very long time in limbo not be able to work and if the OP's husbands country was a third world one.HRY2005 wrote:Article 8 takes a very long time but I think thats the only option for those who dont wanna risk separation with their family like the OP mentioned. Not see a winning case??? the OP have a chance, provided they can wait for article 8 timeline like the rest of us.ElenaW wrote:Article 8 takes too damn long and I don't see a winning case here. They can all just be together in Cyprus.
Added to that I read the Coalition are looking to scrap the HRA and devise some sort of ethical code, hopefully based a bit more in reality.....
Its just a case of exploiting all the options in such scenarios, the choice is the OP's. Before I made my DL application, my solicitor gave me 2 options and highlights all the risks involved. One option was to return home and apply on my access right to a child (not married yet and my partner's not yet 21). I 've got everything ready to leave in January when on second thought I decided to wait as long as....... for the fear of what I described in the other OP's case. Even though I cant work or travel or do anything, I am happy to be with my family (no separation)
My application was made in March and just sent a COA application as well to get married, I am not using my personal experience to justify the refusal to return home, I am saying its a matter of choice and emphasized only if you are prepared to through the long wait in article 8. The scrapping of ECHR from what I read was the Conservatives' plan but was part of the coalition agreement not to scrap it and even if its going to be replaced, I believe, in my opinion that those who applied before would still be treated under the provision on which they applied.
This is my opinion though, not quoting any authority but my personal and some other people's experience. OP should seek a recognised Immigration solicitor's advice.
