l would be very grateful if you can provide me with advice on my case, a friend introduced me to this forum which by the way is brillant.
My application to stay in the U.K as a spouse of a British Citizen was refused after my appeal to the secretary of state. I arrived in the U.K in 1994 with an entry clearance for single visit entry, and on application my stay was extended as a working Holiday maker until 1996. I then married my long term girlfriend in 1996, and applied for a stay on this basis which was refused in 1990 on the following grounds:-
l did not provide adequate documentary proof of co-habitation, and
that l would not be able to maintain myself and my wife without recourse to public funds
The above was subsequently appealed against.
As l am not allowed to work legally, my family as been providing for me financially all this years, hence the reason l cannot proof that i will not recourse to public fund. My wife however claims benefit due to her disability, and was advised to continue to do so by my lawyers due to the fact that she is a British Citizen and is entitled to.
Officers of the Home Office made a visit to our previous place of residence, and obviously did not find us there as we had moved which was made known to the Home Office by our lawyers.
The appeal case was heard in my absence in July 2004, due to the negligence of my lawyers whom l am not using at present, the lawyer dealing with my case left the firm without informing me, and when a date was given and reply to directions where required to be completed, the firm informed the home office that l had never contacted them to request for assistance in completing the form.
The appeal was again dismissed on the following grounds
l had failed to establish that at the date of the decision, myself and wife had not intended to live permanently with each other as husband and wife
and that the mariage was subsisting
and that we were able to maintain ourselves adequately without recourse to public funds, bearing in mind l am not allowed to work.
l have however appealed to the Immigration Appeal Tribunal, which is presently been handled by another lawyer, who has advised me that the chances of getting the appeal is 10%
l am so desparate and depressed, and would be grateful for any little advise that this forum can offer. so sorry for the long story
