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nilemarques
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Joined: Thu Sep 13, 2012 7:17 pm

Post by nilemarques » Sat Nov 09, 2013 6:32 am

Hey Verbina!!! Great news!! All my prayers are with you!! Take a deep breath my dear!! Lol! Hope Hatchsead's post has provided uu with the answers you need!!

CrystalNewbie
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Malawi

Post by CrystalNewbie » Sat Nov 09, 2013 9:17 am

elastep wrote:
verbina wrote:OMFG!! Please HELP!!
I just got a letter from Home Office!! They said they asked my social worker for my contact orders, my daughter's birth certificate and my daughter's passport.
Then they said that before a decision is reached this is the chance to provide any additional information/evidence which demonstrates that I enjoy a family life (including cohabitation with my boyfriend) and my daughter....
I got 10 working days to provide all the info, but planning to do it asap.

Im totally dumbstruck!! :oops: :oops: :oops: What sort of additional evidence can I send? I mean I ve not got any joint bills or correspondence to our address with my boyfriend... Urrm also evidence of family life with my daughter.... Do they want photos?
OMG Im actually gonna faint!!!
Why oh why do these things happen on Friday PM!!!!!!!
@verbina
Very happy for you!! :) I remember saying that your visa will be granted before the festive season comes and this is the journey that takes you to the end of the road.
Do not worry that today is Friday. Take this weekend to sitdown and write down the list of things that you can provide e.g all NHS letters, Photo of you and your child and also of you and your partner, letters to you with your boyfriend address on it or his letter sharing same address with you and if you can, kindly ask you child foster parent if they can please provide you with copies of any letter with your child's name that she has ever recieved from school, dentist, doctors or other organizasion.
When you have what you can provide, write a cover letter explaning why you can't provide any other documents and add some of those crayon drawing that was given to you by your child and is still stuck on your Spam refrigirator. You never know, your caseworker might be a mummy too and she will apreciate the crayon drawing of a future Picaso or Van Gogh:lol:
Wishing you all the best.
This is good news @Verbina....its on the way.....depending on the age of your child (so it doesn't seem coerced)....a heartfelt letter from her on why she wants you in her life and what you mean to her and one from your partner could help as well. It worked for a friend.

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verbina
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Joined: Fri Apr 26, 2013 11:15 am
Location: London
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Post by verbina » Sat Nov 09, 2013 10:02 am

CrystalNewbie wrote:
elastep wrote:
verbina wrote:OMFG!! Please HELP!!
I just got a letter from Home Office!! They said they asked my social worker for my contact orders, my daughter's birth certificate and my daughter's passport.
Then they said that before a decision is reached this is the chance to provide any additional information/evidence which demonstrates that I enjoy a family life (including cohabitation with my boyfriend) and my daughter....
I got 10 working days to provide all the info, but planning to do it asap.

Im totally dumbstruck!! :oops: :oops: :oops: What sort of additional evidence can I send? I mean I ve not got any joint bills or correspondence to our address with my boyfriend... Urrm also evidence of family life with my daughter.... Do they want photos?
OMG Im actually gonna faint!!!
Why oh why do these things happen on Friday PM!!!!!!!
@verbina
Very happy for you!! :) I remember saying that your visa will be granted before the festive season comes and this is the journey that takes you to the end of the road.
Do not worry that today is Friday. Take this weekend to sitdown and write down the list of things that you can provide e.g all NHS letters, Photo of you and your child and also of you and your partner, letters to you with your boyfriend address on it or his letter sharing same address with you and if you can, kindly ask you child foster parent if they can please provide you with copies of any letter with your child's name that she has ever recieved from school, dentist, doctors or other organizasion.
When you have what you can provide, write a cover letter explaning why you can't provide any other documents and add some of those crayon drawing that was given to you by your child and is still stuck on your Spam refrigirator. You never know, your caseworker might be a mummy too and she will apreciate the crayon drawing of a future Picaso or Van Gogh:lol:
Wishing you all the best.
This is good news @Verbina....its on the way.....depending on the age of your child (so it doesn't seem coerced)....a heartfelt letter from her on why she wants you in her life and what you mean to her and one from your partner could help as well. It worked for a friend.
@Crystal Aha lol she already wrote one of them 'heartfelt letters' (she is 12, so she just went on about her human rights and her academic achievements at school and that her future is at risk... )
A pretty argumentative letter it was, as opposed to heartfelt and soppy, I was actually slightly concerned if I should even send it! But funnily enough it seems to have done the trick and I got this request for further evidence only a month after I sent them her letter....

@elastep great plan Batman! Im sending some arty cards she made for me at school when she was younger, those are totally cute and soppy- hope they melt caseworker's heart!

@believe awwwh thank you luv!! I so hope you get your hearing date soon! The only positive thing is that you re clocking more and more time here and your Article 8 is growing stronger!!

@naba @nilemarques thank you my darlings finally things are moving forward for me!!!

Hahaha I shouldnt be too elated though coz I might be moving towards refusal lol! You never know with them lot.....
"You need chaos in your soul to give birth to a dancing star."

naba
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Posts: 105
Joined: Tue Sep 17, 2013 9:32 pm

Post by naba » Sat Nov 09, 2013 11:55 am

Good morning friends.
I have received a letter from the tribunal stating that 'It is therefore directed that appeal be listed for a substantive hearing; that at that substantive hearing the issue of validity be decided; and that at least 14 days prior to the substantive hearing the Respondent lodge with the tribunal and serve upon the Appellant any information showing that the correct fee was not paid'. The letter didn't mention any hearing date. As many of you know that my solicitor applied for a appeal permission as I was not given the right because my first application was rejected for fee; actually the fee was not taken.

Please help me to understand when/what date the hearing will be? Does it mean there would be two hearing for my case, 1. to decide the appeal right and 2. to decide the permission of my stay?
I will ask my solicitor but I find many people in this forum are great. Thank you for your support, God bless.

naba
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Posts: 105
Joined: Tue Sep 17, 2013 9:32 pm

Post by naba » Sat Nov 09, 2013 12:01 pm

verbina wrote:
CrystalNewbie wrote:
elastep wrote:
verbina wrote:OMFG!! Please HELP!!
I just got a letter from Home Office!! They said they asked my social worker for my contact orders, my daughter's birth certificate and my daughter's passport.
Then they said that before a decision is reached this is the chance to provide any additional information/evidence which demonstrates that I enjoy a family life (including cohabitation with my boyfriend) and my daughter....
I got 10 working days to provide all the info, but planning to do it asap.

Im totally dumbstruck!! :oops: :oops: :oops: What sort of additional evidence can I send? I mean I ve not got any joint bills or correspondence to our address with my boyfriend... Urrm also evidence of family life with my daughter.... Do they want photos?
OMG Im actually gonna faint!!!
Why oh why do these things happen on Friday PM!!!!!!!
@verbina
Very happy for you!! :) I remember saying that your visa will be granted before the festive season comes and this is the journey that takes you to the end of the road.
Do not worry that today is Friday. Take this weekend to sitdown and write down the list of things that you can provide e.g all NHS letters, Photo of you and your child and also of you and your partner, letters to you with your boyfriend address on it or his letter sharing same address with you and if you can, kindly ask you child foster parent if they can please provide you with copies of any letter with your child's name that she has ever recieved from school, dentist, doctors or other organizasion.
When you have what you can provide, write a cover letter explaning why you can't provide any other documents and add some of those crayon drawing that was given to you by your child and is still stuck on your Spam refrigirator. You never know, your caseworker might be a mummy too and she will apreciate the crayon drawing of a future Picaso or Van Gogh:lol:
Wishing you all the best.
This is good news @Verbina....its on the way.....depending on the age of your child (so it doesn't seem coerced)....a heartfelt letter from her on why she wants you in her life and what you mean to her and one from your partner could help as well. It worked for a friend.
@Crystal Aha lol she already wrote one of them 'heartfelt letters' (she is 12, so she just went on about her human rights and her academic achievements at school and that her future is at risk... )
A pretty argumentative letter it was, as opposed to heartfelt and soppy, I was actually slightly concerned if I should even send it! But funnily enough it seems to have done the trick and I got this request for further evidence only a month after I sent them her letter....

@elastep great plan Batman! Im sending some arty cards she made for me at school when she was younger, those are totally cute and soppy- hope they melt caseworker's heart!

@believe awwwh thank you luv!! I so hope you get your hearing date soon! The only positive thing is that you re clocking more and more time here and your Article 8 is growing stronger!!

@naba @nilemarques thank you my darlings finally things are moving forward for me!!!

Hahaha I shouldnt be too elated though coz I might be moving towards refusal lol! You never know with them lot.....
Good morning hun! Happy to know that you daughter wrote a letter... I want my kid to do the same. can you provide my kid (10 year) tips for writing a letter please? I asked but he can't do it properly. Thank you hun.

Keisha
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Posts: 217
Joined: Fri Nov 23, 2012 2:38 pm

Post by Keisha » Sat Nov 09, 2013 12:26 pm

Morning beautiful people...

@Giggles...welcome to the forum and all the best with your application form.
@Verbs...*waves* God is with you and you're about to receive your stay.Keep the faith and happy there's some kind of progress despite all!
@Naba...congrats and they will grant you a date soon.Leave everything unto God!

My God is good oo and I shall never seize to praise.Y'day the little AMOEBAS from capita decided to send me a romantic letter...*rollseyes*,telling me they've tried to reach me to notify about not be allowed to be here!So,this morning sent the letter to the Solicitor who said will write them back to notify them about my pending case!Afterall,the law of God shall delete their man-made law for IT IS NO MAN'S LAND!!All I can say they may try to weigh me down but my God shall fight for me and preserve me in my coming and going.

Good people,don't be discouraged for these are temporary storms passing by and will never come back to us.Have a blessed weekend and keep the faith!!!!!

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verbina
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Posts: 975
Joined: Fri Apr 26, 2013 11:15 am
Location: London
United Kingdom

Post by verbina » Sat Nov 09, 2013 12:27 pm

naba wrote:
verbina wrote:
CrystalNewbie wrote:
elastep wrote:
@verbina
Very happy for you!! :) I remember saying that your visa will be granted before the festive season comes and this is the journey that takes you to the end of the road.
Do not worry that today is Friday. Take this weekend to sitdown and write down the list of things that you can provide e.g all NHS letters, Photo of you and your child and also of you and your partner, letters to you with your boyfriend address on it or his letter sharing same address with you and if you can, kindly ask you child foster parent if they can please provide you with copies of any letter with your child's name that she has ever recieved from school, dentist, doctors or other organizasion.
When you have what you can provide, write a cover letter explaning why you can't provide any other documents and add some of those crayon drawing that was given to you by your child and is still stuck on your Spam refrigirator. You never know, your caseworker might be a mummy too and she will apreciate the crayon drawing of a future Picaso or Van Gogh:lol:
Wishing you all the best.
This is good news @Verbina....its on the way.....depending on the age of your child (so it doesn't seem coerced)....a heartfelt letter from her on why she wants you in her life and what you mean to her and one from your partner could help as well. It worked for a friend.
@Crystal Aha lol she already wrote one of them 'heartfelt letters' (she is 12, so she just went on about her human rights and her academic achievements at school and that her future is at risk... )
A pretty argumentative letter it was, as opposed to heartfelt and soppy, I was actually slightly concerned if I should even send it! But funnily enough it seems to have done the trick and I got this request for further evidence only a month after I sent them her letter....

@elastep great plan Batman! Im sending some arty cards she made for me at school when she was younger, those are totally cute and soppy- hope they melt caseworker's heart!

@believe awwwh thank you luv!! I so hope you get your hearing date soon! The only positive thing is that you re clocking more and more time here and your Article 8 is growing stronger!!

@naba @nilemarques thank you my darlings finally things are moving forward for me!!!

Hahaha I shouldnt be too elated though coz I might be moving towards refusal lol! You never know with them lot.....
Good morning hun! Happy to know that you daughter wrote a letter... I want my kid to do the same. can you provide my kid (10 year) tips for writing a letter please? I asked but he can't do it properly. Thank you hun.
Morning hun! Congratulations on getting your right to appeal!!

Just tell him to write that he is a British Citizen and he spent all his life here. All his friends are here and he is doing really well at school. He cant imagine what his life could be like without his mummy because he loves you very much and needs you there for him every day. When he grows up he plans to go college and university and its you who encourages him to do so. You teach him that its important to get good education and pay attention at school to grow up a clever and successful person...He needs your support throughout his school years, college and university.

Yeah something like that... just to make an emphasis that contrary to public beliefs, immigrants and their children are not aspiring to live their lives on council estates getting jobseekers allowance ... That our children grow up ambitious and we instil good values within them and importance of education. That our children grow up to be well-educated law-abiding citizens , not some unemployed junkie hooligans...
"You need chaos in your soul to give birth to a dancing star."

User avatar
verbina
Senior Member
Posts: 975
Joined: Fri Apr 26, 2013 11:15 am
Location: London
United Kingdom

Post by verbina » Sat Nov 09, 2013 12:34 pm

Keisha wrote:Morning beautiful people...

@Giggles...welcome to the forum and all the best with your application form.
@Verbs...*waves* God is with you and you're about to receive your stay.Keep the faith and happy there's some kind of progress despite all!
@Naba...congrats and they will grant you a date soon.Leave everything unto God!

My God is good oo and I shall never seize to praise.Y'day the little AMOEBAS from capita decided to send me a romantic letter...*rollseyes*,telling me they've tried to reach me to notify about not be allowed to be here!So,this morning sent the letter to the Solicitor who said will write them back to notify them about my pending case!Afterall,the law of God shall delete their man-made law for IT IS NO MAN'S LAND!!All I can say they may try to weigh me down but my God shall fight for me and preserve me in my coming and going.

Good people,don't be discouraged for these are temporary storms passing by and will never come back to us.Have a blessed weekend and keep the faith!!!!!
Morning hun!! OMG these people are just relentless! Cant believe this! They sent you that text message not long ago and now they are writing to you! Idiots! I hope your solicitor can sort them out and get them to stop harassing you!! :roll:
"You need chaos in your soul to give birth to a dancing star."

Keisha
Member
Posts: 217
Joined: Fri Nov 23, 2012 2:38 pm

Post by Keisha » Sat Nov 09, 2013 1:16 pm

@Verbs...*waves*.Yeah,they wrote a page long going on what they may do and to call and tell them the date of departure!They're after the x-mas bonuses and making our lives miserable.They shall stop and nver contact me again!I pray that all goes well for my application in court!

How's your weekend so far??

naba
Member
Posts: 105
Joined: Tue Sep 17, 2013 9:32 pm

Post by naba » Sat Nov 09, 2013 1:31 pm

verbina wrote:
naba wrote:
verbina wrote:
CrystalNewbie wrote:
This is good news @Verbina....its on the way.....depending on the age of your child (so it doesn't seem coerced)....a heartfelt letter from her on why she wants you in her life and what you mean to her and one from your partner could help as well. It worked for a friend.
@Crystal Aha lol she already wrote one of them 'heartfelt letters' (she is 12, so she just went on about her human rights and her academic achievements at school and that her future is at risk... )
A pretty argumentative letter it was, as opposed to heartfelt and soppy, I was actually slightly concerned if I should even send it! But funnily enough it seems to have done the trick and I got this request for further evidence only a month after I sent them her letter....

@elastep great plan Batman! Im sending some arty cards she made for me at school when she was younger, those are totally cute and soppy- hope they melt caseworker's heart!

@believe awwwh thank you luv!! I so hope you get your hearing date soon! The only positive thing is that you re clocking more and more time here and your Article 8 is growing stronger!!

@naba @nilemarques thank you my darlings finally things are moving forward for me!!!

Hahaha I shouldnt be too elated though coz I might be moving towards refusal lol! You never know with them lot.....
Good morning hun! Happy to know that you daughter wrote a letter... I want my kid to do the same. can you provide my kid (10 year) tips for writing a letter please? I asked but he can't do it properly. Thank you hun.
Morning hun! Congratulations on getting your right to appeal!!

Just tell him to write that he is a British Citizen and he spent all his life here. All his friends are here and he is doing really well at school. He cant imagine what his life could be like without his mummy because he loves you very much and needs you there for him every day. When he grows up he plans to go college and university and its you who encourages him to do so. You teach him that its important to get good education and pay attention at school to grow up a clever and successful person...He needs your support throughout his school years, college and university.

Yeah something like that... just to make an emphasis that contrary to public beliefs, immigrants and their children are not aspiring to live their lives on council estates getting jobseekers allowance ... That our children grow up ambitious and we instil good values within them and importance of education. That our children grow up to be well-educated law-abiding citizens , not some unemployed junkie hooligans...
@verbina, thank you hun. The tips is helpful. Hope he should be fine. Have a nice weekend! God bless.

@Keisha, thank you hun, this gives me a hope. Have a nice weekend! God bless!

summer2013
Member
Posts: 122
Joined: Mon Jul 01, 2013 5:21 pm
Location: london

Post by summer2013 » Sat Nov 09, 2013 4:16 pm

Good afternoon all,

verbina prepare for celebration darling, soon you will hear what you want to hear!! happy for you :)

I want to clarify something, I'm confused. I've consulted with 3 solicitors about whether i can apply for my child residence who has been here for 10 years but was brought in the UK at the age of 2 so wasn't born here. one of them who is a barrister with 17 years experience on immigration LOW thinks i should apply( his advice is not about money as he gave me the form to doit my self) 2 others say NO. We haven't got money to spend on pointless application so need some feedback from you guys.

The thing is im on appeal process and as we all know that will take long + we dont know what the outcome will be.

in the meantime i want to make sure we dont miss anything on making the case stronger.

hope everyone has a blessing weekend!!
FLR(O) send: 17/08/2012 (7 yrs rule)
Bio done: 14/02/2013
Decision: Refused with no right of Appeal

Shondra Sharma
Senior Member
Posts: 641
Joined: Mon Jul 01, 2013 9:13 am

Post by Shondra Sharma » Sat Nov 09, 2013 4:41 pm

@summer2013 how you doing? Have you applied JR?

summer2013
Member
Posts: 122
Joined: Mon Jul 01, 2013 5:21 pm
Location: london

Post by summer2013 » Sat Nov 09, 2013 4:54 pm

Shondra Sharma wrote:@summer2013 how you doing? Have you applied JR?

hi shondra, at the moment im waiting appeal permition
FLR(O) send: 17/08/2012 (7 yrs rule)
Bio done: 14/02/2013
Decision: Refused with no right of Appeal

Keisha
Member
Posts: 217
Joined: Fri Nov 23, 2012 2:38 pm

Post by Keisha » Mon Nov 11, 2013 2:14 pm

Good Afternoon All,

Hope you had a good weekend and let's not give up.For God is with us every step of the way and He has authority over our papers!May He grant us visas in Jesus name.

@Summer...Hiya,try to google oand see if it can bring out anything about your matter.The thing is that these law-people always give different opinions.But,pray for God to guide you!

User avatar
verbina
Senior Member
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Joined: Fri Apr 26, 2013 11:15 am
Location: London
United Kingdom

Post by verbina » Mon Nov 11, 2013 3:21 pm

Keisha wrote:Good Afternoon All,

Hope you had a good weekend and let's not give up.For God is with us every step of the way and He has authority over our papers!May He grant us visas in Jesus name.

@Summer...Hiya,try to google oand see if it can bring out anything about your matter.The thing is that these law-people always give different opinions.But,pray for God to guide you!
Afternoon Keisha! Amen to your words!!
"You need chaos in your soul to give birth to a dancing star."

elastep
Member
Posts: 127
Joined: Mon May 06, 2013 9:48 pm

Post by elastep » Tue Nov 12, 2013 11:23 am

Hello everyone! :)
I tought that I should post this article that I came across online. I remember some people were having some disagreement on whether two parents can apply under the 7 year rule or not. So I hope this shed some light on that discussion and hope it helps those who have been refused and are confused about their next course of action.

Filed under Visitors Tagged with family, judicial review, rule changes

Part EX.1 and sole responsibility
June 16, 2013 1 Comment

“If it sounds too good to be true, it probably is.” I was optimistic last year at the apparent reintroduction of the 7-year rule. This followed the caselaw which in turn had followed the old policy of DP/5/96, which said that where a child had lived in the UK for seven years, it would not usually be reasonable to expect them to leave.

However, the reality of the situation has turned out to be less than ideal. The EX.1 part of Appendix FM is only applicable to those who also meet certain specified parts of the Immigration Rules – so, for example, UKBA are currently refusing applications where the applicant does not have ‘sole responsibility’ for the child and therefore cannot meet E-LTRPT.2.3 of Appendix FM which states that:

E-LTRPT.2.3. Either-

(a) the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK); or
(b) the parent or carer with whom the child normally lives must be-

(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.

Essentially, the interpretation of EX.1 being applied by UKBA excludes married or partnered parents from the policy. This seems like insanity: given that the rule is, according to UKBA’s own guidance, in existence in order to ensure that the rights of the child are respected, what does the marital status of their parents have to do with it? Are UKBA seriously suggesting that parents who apply jointly are excluded, thus encouraging them to divorce in order to ensure their child gets to continue in education?

The application of the rule seems to fly in the face of the purpose of it and also the guidance. Such decisions may also contravene Article 8 ECHR as applied outside Appendix FM. The only way to challenge is usually via judicial review. Needless to say, I’ve spent much of the last fortnight writing judicial reviews on this point
Application: flro ECHR article 8
applied: 12/12/2012.
Bio done: April 2013
Refused dated: 22 May 2013
PAP: 18/09/2013
JR: 03/10/2013
Outcome:

Only God knows what tomorrow may give birth to.

dapsonlee
Member of Standing
Posts: 474
Joined: Mon Aug 20, 2012 2:20 pm

Post by dapsonlee » Tue Nov 12, 2013 11:47 am

elastep wrote:Hello everyone! :)
I tought that I should post this article that I came across online. I remember some people were having some disagreement on whether two parents can apply under the 7 year rule or not. So I hope this shed some light on that discussion and hope it helps those who have been refused and are confused about their next course of action.

Filed under Visitors Tagged with family, judicial review, rule changes

Part EX.1 and sole responsibility
June 16, 2013 1 Comment

“If it sounds too good to be true, it probably is.” I was optimistic last year at the apparent reintroduction of the 7-year rule. This followed the caselaw which in turn had followed the old policy of DP/5/96, which said that where a child had lived in the UK for seven years, it would not usually be reasonable to expect them to leave.

However, the reality of the situation has turned out to be less than ideal. The EX.1 part of Appendix FM is only applicable to those who also meet certain specified parts of the Immigration Rules – so, for example, UKBA are currently refusing applications where the applicant does not have ‘sole responsibility’ for the child and therefore cannot meet E-LTRPT.2.3 of Appendix FM which states that:

E-LTRPT.2.3. Either-

(a) the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK); or
(b) the parent or carer with whom the child normally lives must be-

(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.

Essentially, the interpretation of EX.1 being applied by UKBA excludes married or partnered parents from the policy. This seems like insanity: given that the rule is, according to UKBA’s own guidance, in existence in order to ensure that the rights of the child are respected, what does the marital status of their parents have to do with it? Are UKBA seriously suggesting that parents who apply jointly are excluded, thus encouraging them to divorce in order to ensure their child gets to continue in education?

The application of the rule seems to fly in the face of the purpose of it and also the guidance. Such decisions may also contravene Article 8 ECHR as applied outside Appendix FM. The only way to challenge is usually via judicial review. Needless to say, I’ve spent much of the last fortnight writing judicial reviews on this point

Morning Elastep,

I am glad I did scream wolf when indeed there was a wolf. Thank God for posting this and I pray it does help people to understand it a lot better before they become victim to these hungry lawyers telling vulnerable innocent overstaying parents they can apply when indeed they do know they will be refused. God bless you!


@keisha thank you for your prayer. Amen and God bless you.

@Verbz, how are you doing? Hope you got together with ease what was requested of you?

Believe2013
Member of Standing
Posts: 420
Joined: Tue May 28, 2013 7:26 pm

Post by Believe2013 » Tue Nov 12, 2013 2:20 pm

elastep wrote:Hello everyone! :)
I tought that I should post this article that I came across online. I remember some people were having some disagreement on whether two parents can apply under the 7 year rule or not. So I hope this shed some light on that discussion and hope it helps those who have been refused and are confused about their next course of action.

Filed under Visitors Tagged with family, judicial review, rule changes

Part EX.1 and sole responsibility
June 16, 2013 1 Comment

“If it sounds too good to be true, it probably is.” I was optimistic last year at the apparent reintroduction of the 7-year rule. This followed the caselaw which in turn had followed the old policy of DP/5/96, which said that where a child had lived in the UK for seven years, it would not usually be reasonable to expect them to leave.

However, the reality of the situation has turned out to be less than ideal. The EX.1 part of Appendix FM is only applicable to those who also meet certain specified parts of the Immigration Rules – so, for example, UKBA are currently refusing applications where the applicant does not have ‘sole responsibility’ for the child and therefore cannot meet E-LTRPT.2.3 of Appendix FM which states that:

E-LTRPT.2.3. Either-

(a) the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK); or
(b) the parent or carer with whom the child normally lives must be-

(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.

Essentially, the interpretation of EX.1 being applied by UKBA excludes married or partnered parents from the policy. This seems like insanity: given that the rule is, according to UKBA’s own guidance, in existence in order to ensure that the rights of the child are respected, what does the marital status of their parents have to do with it? Are UKBA seriously suggesting that parents who apply jointly are excluded, thus encouraging them to divorce in order to ensure their child gets to continue in education?

The application of the rule seems to fly in the face of the purpose of it and also the guidance. Such decisions may also contravene Article 8 ECHR as applied outside Appendix FM. The only way to challenge is usually via judicial review. Needless to say, I’ve spent much of the last fortnight writing judicial reviews on this point
Hello everyone,

We seem to have lost the fizz on the forum but I hope you are all holding up well. Thanks Elastep for the clarification, Queeisha thanks for the prayers too

Spare a thought and a pray too please for our fellow human beings in the Philippines. Very sad scenes indeed, reminiscent of the boxing day tsunami disaster of 2006. I fear the death toll will rise above the predicted figure. May their souls rest in peace and may the help of God reach each and everyone in need.

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verbina
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Post by verbina » Tue Nov 12, 2013 2:58 pm

Afternoon darlings! Hope everyone is well !! Shout out to my crew here guys-you know who you are!!
Pheeeww I literally managed to send like a kilo of evidence off to my caseworker. Was planning to do it early yesterday but all sorts of evil obstacles got in the way... Well its all done now so now i just have to hope and pray now ...
"You need chaos in your soul to give birth to a dancing star."

majojo
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Joined: Fri Jan 18, 2013 7:27 pm

Post by majojo » Tue Nov 12, 2013 3:19 pm

Hi guys just to find out what happens if your rejationship breaks Shen whilst in the 2.5 years visa ? Can u remarry again? N ehat if y have a child with snother person either than your partner ?? Has any one been in this situation as my friend is swimming in the kind of pool at the moment any suggestions dnt one knows some experience. Help

dapsonlee
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Post by dapsonlee » Tue Nov 12, 2013 3:23 pm

verbina wrote:Afternoon darlings! Hope everyone is well !! Shout out to my crew here guys-you know who you are!!
Pheeeww I literally managed to send like a kilo of evidence off to my caseworker. Was planning to do it early yesterday but all sorts of evil obstacles got in the way... Well its all done now so now i just have to hope and pray now ...

Kudos to you!!! 🙉 Stock up the fridge with the finest bubbly you can afford and save whatever fireworks you got left. This year is about end in style for you and so shall it be by the grace of God 🙏 💃

Ma logo
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Phone call

Post by Ma logo » Tue Nov 12, 2013 3:40 pm

Hello everyone, I got refused back in August and basically didn't follow up with anything. E.g Judicial review. Then today l received a call from Glasgow, Home Office saying that they need to write to me n therefore confirm my address.... Anyone have any idea what this could b bout?

elastep
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Re: Phone call

Post by elastep » Tue Nov 12, 2013 3:59 pm

Ma logo wrote:Hello everyone, I got refused back in August and basically didn't follow up with anything. E.g Judicial review. Then today l received a call from Glasgow, Home Office saying that they need to write to me n therefore confirm my address.... Anyone have any idea what this could b bout?
@Ma logo
I would not know but maybe they want to sent you deportation order which if I'm right is very good for you or they just want to comfirm your address so that they can send you your permit card. I remember that someone on this forum received a refusal letter and came home one day to find that her permit card was waiting for her. You might be lucky and fall in that same situation and my advice to you is that if you used a solicitor for your application, contact and inform them of the call but if not be wary of the HO as I don't trust them. Take care.
Application: flro ECHR article 8
applied: 12/12/2012.
Bio done: April 2013
Refused dated: 22 May 2013
PAP: 18/09/2013
JR: 03/10/2013
Outcome:

Only God knows what tomorrow may give birth to.

GodGives
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Contact:

Post by GodGives » Tue Nov 12, 2013 4:46 pm

verbina wrote:
yahwadud wrote:
verbina wrote:OMFG!! Please HELP!!
I just got a letter from Home Office!! They said they asked my social worker for my contact orders, my daughter's birth certificate and my daughter's passport.
Then they said that before a decision is reached this is the chance to provide any additional information/evidence which demonstrates that I enjoy a family life (including cohabitation with my boyfriend) and my daughter....
I got 10 working days to provide all the info, but planning to do it asap.
I
Im totally dumbstruck!! :oops: :oops: :oops: What sort of additional evidence can I send? I mean I ve not got any joint bills or correspondence to our address with my boyfriend... Urrm also evidence of family life with my daughter.... Do they want photos?
OMG Im actually gonna faint!!!
Why oh why do these things happen on Friday PM!!!!!!!
hello verb.try and send any document you have in cohibation with your daughter. Basically,I want you to sit and think as if you r a caseworker dealing with a particular case in which you expect the applicant to provide more documents that would convince you (as a caseworker )that he/she is enjoy family life with a kid!. This is my advice for u verb.and please make use of the opportunity bcos its your last chance to get granted at once
Hello luv!! Hope you re well! Thank you! You re right I need to think how the caseworker would think! Its just that my daughter is living with foster carers so we dont actually cohabit :( but I ve got some photos from like Madame Tussauds and Ripleys museum etc so thats family life I suppose.... Ill send all that! Thank you once again!
verbina wrote:
yahwadud wrote:
verbina wrote:OMFG!! Please HELP!!
I just got a letter from Home Office!! They said they asked my social worker for my contact orders, my daughter's birth certificate and my daughter's passport.
Then they said that before a decision is reached this is the chance to provide any additional information/evidence which demonstrates that I enjoy a family life (including cohabitation with my boyfriend) and my daughter....
I got 10 working days to provide all the info, but planning to do it asap.

Im totally dumbstruck!! :oops: :oops: :oops: What sort of additional evidence can I send? I mean I ve not got any joint bills or correspondence to our address with my boyfriend... Urrm also evidence of family life with my daughter.... Do they want photos?
OMG Im actually gonna faint!!!
Why oh why do these things happen on Friday PM!!!!!!!
hello verb.try and send any document you have in cohibation with your daughter. Basically,I want you to sit and think as if you r a caseworker dealing with a particular case in which you expect the applicant to provide more documents that would convince you (as a caseworker )that he/she is enjoy family life with a kid!. This is my advice for u verb.and please make use of the opportunity bcos its your last chance to get granted at once
Hello luv!! Hope you re well! Thank you! You re right I need to think how the caseworker would think! Its just that my daughter is living with foster carers so we dont actually cohabit :( but I ve got some photos from like Madame Tussauds and Ripleys museum etc so thats family life I suppose.... Ill send all that! Thank you once again!
Hi verbs
Good they are asking for more documents. Send as much as you can. Anything bills with Ur name and partners name on it. Pictures, partners payslips, support letters etc all the best
Godgives

God's Authority
Junior Member
Posts: 93
Joined: Tue Aug 20, 2013 10:08 am

Hello Everyone

Post by God's Authority » Tue Nov 12, 2013 5:12 pm

Hello Everyone

Just a quick hello and to check on us all.

Verbzieeeeee...... I sense a big celebration coming your way sooooon!!!!

Excited much for you babes *dancing and wriggling my fat waist*

Dont you worry, all will be well, you have not come this far in vain,your delay will be rewarded with good news by God's grace.


Oh ye lovely people, the lord is our strength :)
God bless you all. Big hug

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