I need your help, desperately please

[Jeff Albright]

You might be surprised, you might get an approval - from what you have said here your case looks strong to me.

That's the point - I have tried to assure you, too. You just have to try to relax and wait a bit longer. I know it is not easy but there is nothing you can do about it. It all now depends on your caseworker.

[tasha75]

I've jumped in a bit late, but Tasha, if you have been living with your partner for 2 years then you could apply as his dependent,

Yes, we have been living for over 2 years. But assuming I get DL for 3 years, as it seems they no longer grant ILR , are there any benefits of applying for EEA residence permit (card/certificate)?
Someone on this forum has mention that DL is probably the best type of LTR (after ILR)?

[tasha75]

No worries! You are more than making up for it today. Pls have a quick look at this OP's experience.

Thanks for the link, Docterror. Did I understand it correctly, the the author (or his partner) got ILR without first applying for residence permit? He was an overstayer for 6 years, and then they applied for PR?

[tasha75]

Which means, with DL you'd wait 5 years before applying for ILR?

I thought someone on here said you have to wait 6 years on DL before you are eligible to apply for ILR (you get 3 years DL, which you extend for another 3 years and only then ILR).

but the application is outside immigration rules and so would take a long time to reply, no? But then it would confer ILR.

When I applied on the basis of 7 years concession, it only took them 2 months. But on the other hand, due to personal circumstances, I requested an urgent treatment. Maybe that's why it was quick?

when you receive ILR outside immigration rules do you wait 12 months or 5 years before you can apply for naturalisation?

Good question, sakura.

[tasha75]

Finally the insomnia will go away, the stress, the depression!

I know how you feel, twin, I even got grey hair due to all stress. But please, have faith and keep strong. I don't remember who said it, but I like this saying: In the end it all turns out for the best. If best is not yet, it is because it is not the end.

[tasha75]

Tasha, if you look at the bottom of any letter you received from the Tribunal, it should state the address of the POU that represented BIA at the hearing. You should use that address to address a complaint to them FAO Operations Manager.

Jeff, you were right. Right at the bottom, in small font, it says "Presenting officers Unit, Hanover House, TW13 7JJ".

Many many thanks.

[Docterror]

No worries! You are more than making up for it today. Pls have a quick look at this OP's experience.

Thanks for the link, Docterror. Did I understand it correctly, the the author (or his partner) got ILR without first applying for residence permit? He was an overstayer for 6 years, and then they applied for PR?

Yes! The slight difference between your case and their's being that you are an unmarried partner. Plus, since your status has been regularised by discretion, I do not know how it will affect your status if an EEA4 application were to fail.

[Twin]

Hi guys, just to update you that I have been refused an very distraught now. Any word of advise will be appreciated now as I do not know what to do. I have cried my eyeballs out all day and feeling very sick now.

I don't know how to start life to a country I haven't been in about 15 years now with my 6yr old daughter.

What do I do guys, please help me

[tasha75]

Hi guys, just to update you that I have been refused

Oh, Twin, I am really sorry for you. I kind of expected this, but was hoping for the best. It seems that the Home office just keeps chopping left and right, I don't know which circumstances one has to have for the Home office to grant leave outside the rules (not talking about appeals here).
I think you've got 28 days to appeal. Have you found a lawyer to represent you? And are you still married and does the father of your child takes any interest in the child (picks up from school, takes on days out, buys clothes for her?) Those were the question I was asked them by the judge and which I had also addressed in my witness statement.
My partner also attended the court with me (as a witness). I don't know how I would have survived on my own, it is so stressful. I keep my fingers crossed for you.

[Twin]

Hi guys, just to update you that I have been refused

Oh, Twin, I am really sorry for you. I kind of expected this, but was hoping for the best. It seems that the Home office just keeps chopping left and right, I don't know which circumstances one has to have for the Home office to grant leave outside the rules (not talking about appeals here).
I think you've got 28 days to appeal. Have you found a lawyer to represent you? And are you still married and does the father of your child takes any interest in the child (picks up from school, takes on days out, buys clothes for her?) Those were the question I was asked them by the judge and which I had also addressed in my witness statement.
My partner also attended the court with me (as a witness). I don't know how I would have survived on my own, it is so stressful. I keep my fingers crossed for you.

Tasha, good to see you around and thanks for replying.

Well...my husband sees my daughter from time to time and buys clothes for her sometimes. If you remember, he refused to produce the HO with the documents they requested, hence my refusal. I am not sure that admitting he does some things for my daughter sometimes would help my case as they might ask that I return to my home country and apply as a spouse which he definitely will not show up for as he's with another woman now.

I don't know where to turn. Can you tell me a little about your experience in court please? Do I need a representative? Do I get to talk or it would be the barrister who does most of the talking? what do they regard as compassionate grounds?

I am at wits ends now.

[avjones]

"I don't know where to turn. Can you tell me a little about your experience in court please? Do I need a representative? Do I get to talk or it would be the barrister who does most of the talking? what do they regard as compassionate grounds? "

You don't need to have a rep, it's entirely up to you.

If you are represented, you will have a witness statement, accompanied by any relevant documents (as many as possible!) and witness statements for any witnesses you intend to call.

You will then give evidence, be cross-examined, and the same for your witnesses. The Home Office Presenting Officer will then make submissions as to why you should go back, and your rep will put your case after that.