refusal going to appeal

hammad · Post by **hammad** » Sat Jun 23, 2007 8:30 pm

I came to the UK on a visit visa. I overstayed for 1 year and was given temporary admission while the HO assesed my case. I have been in UK for total 5 years and have been in a relationship with a bristish citzen for the full 5 years. We have a child together(born in UK). I made an application of a 'Unmarried partner of a British Citizen' through a solicitor, but it has been refused by the HO.
Our case was refused as our paper work/ evdience was badly put together by our solictor and there was not enough evidence.
We have now lodged an appeal and have made a file with all the proofs/evidence for the full 5 years showing we have been together and living together for all this time as a family.

Can anyone tell me what kind of questions they ask at the court appeal ????

What are the chances of this being successful??

I would appreciate any advice from someone who knows about this type of case.

Thanks in advance.

avjones · Post by **avjones** » Sat Jun 23, 2007 8:36 pm

I assume from your post that you overstayed for a year first, and then made an application for leave to remain when you didn't have leave already?

If so, the general rule is that you have to go back home to make an application for entry clearance. You can't usually do it in-country. There are sometimes factors which mean you can - what country are you from?

hammad · Post by **hammad** » Sat Jun 23, 2007 9:27 pm

am from pakistan

avjones · Post by **avjones** » Sat Jun 23, 2007 10:41 pm

"Our case was refused as our paper work/ evdience was badly put together by our solictor and there was not enough evidence.
We have now lodged an appeal and have made a file with all the proofs/evidence for the full 5 years showing we have been together and living together for all this time as a family. "

You should consider taking proper advice on it, from someone who can see all the papers and evidence. But, as a general rule, it is very hard to apply in-country for any form of leave unless you already have a valid leave to remain - it sounds as if you did not. So it is unlikely that the case was refused solely for lack of evidence. Did the letter say you should go back to Pakistan and apply for EC?

Jeff Albright · Post by **Jeff Albright** » Sat Jun 23, 2007 10:50 pm

It is unlikely you will succeed under the Human Rights Article 8 unless you can make a truly exceptional case out. At present time, it is extremely difficult to succeed under the Article 8. From the brief information you have supplied it is unlikely you will have those exceptional circumstances capable of overriding the legitimate aim of the fair and firm immigration policy in this country.

Because you were not married to your partner, you could not qualify under the DP3/96 policy (outside the rules), hence your case failed at the Home Office.

You have to show that you have exceptional reasons for which you cannot travel to your home country to apply for an unmarried partner visa. Pakistan is relatively safe country, from which I gather your case is also bound to fail at appeal stage.

In my view, the only option is to apply for the correct entry clearance from overseas, which will stop wasting your own time, public money for the court proceedings and, if you are eligible, Legal Aid.

virus10 · Post by **virus10** » Sun Jun 24, 2007 7:28 am

Our unmarried partner visa was denied 3 days ago, the only reason we applied is because the 'lawyer we spent Â£600 on said that it would be fine and we would have no problems. We needed SO much more evidence than she compiled for us, and now we are seeing that we didnt have a chance from the beginning and she just said we did so she would get her money.Shop around for lawyers, the one we chose ahs completely ruined our lives and now my partner has been in NZ for 6 months and now wont be back, ever, because of her.

hammad · Post by **hammad** » Sun Jun 24, 2007 12:36 pm

just to make it clear am not doing legal aid i paying privatley

hammad · Post by **hammad** » Sun Jun 24, 2007 11:09 pm

av jones ;
You should consider taking proper advice on it, from someone who can see all the papers and evidence. But, as a general rule, it is very hard to apply in-country for any form of leave unless you already have a valid leave to remain - it sounds as if you did not. So it is unlikely that the case was refused solely for lack of evidence. Did the letter say you should go back to Pakistan and apply for EC?[/quote]

Yes, the refusal letter does say that i should apply for entry clearance from pakistan and my partner can remain in the UK and support me. However, this will cause a lot of disturbance in our lives financially and mentally. And there is no guarantee that our entry clearance will be successful, or how long this procedure will take. It seems such a risk.

Jeff Albright · Post by **Jeff Albright** » Mon Jun 25, 2007 12:15 am

hammad wrote: However, this will cause a lot of disturbance in our lives financially and mentally.

This is the standard procedure set by the Rules. i.e. this is the law. If you wish to continue to live in this country, you are bound by these regulations. You have been in breach of the rules already so why should you benefit out of this breach over millions of those who comply with the law?

And there is no guarantee that our entry clearance will be successful, or how long this procedure will take. It seems such a risk.

There was a much bigger risk for you to knowingly stay over your visa and avoid being caught.
There is no guarantee that any application for EC or LR can ever be successful - the success of it entirely depends on you, i.e. how you present your case and how you fulfil the qualifying criteria.
Fortunately for you, the UK does not ban overstayers from returning in the country unlike most of other countries - that means that it will not be taken for prejudice in your next application. There are several people on this forum who had bad immigration history (overstay, failed asylum) who correctly followed the procedure, submitted the required documents and successfully applied for their visa. There may be a waiting period during the referral process, which will involve separation but your partner is not prevented from travelling with you to your home country for this to be completed.
Financial issues are irrelevant when it comes to the applicable immigration rules - you were aware that your status was illegal, you were aware that you might be required to leave the country, yet you chose to stay in violation of the rules. Clearly, you should have made the corresponding arrangements for the future if you wanted to regularise your position.

avjones · Post by **avjones** » Mon Jun 25, 2007 12:52 am

hammad wrote:
Yes, the refusal letter does say that i should apply for entry clearance from pakistan and my partner can remain in the UK and support me. However, this will cause a lot of disturbance in our lives financially and mentally. And there is no guarantee that our entry clearance will be successful, or how long this procedure will take. It seems such a risk.

I'm sorry to say, but under the Immigration Rules, and from what you've said so far, that's your tough luck. You can't get an in-country right of appeal with any realistic chance of success.

jamalkhan · Post by **jamalkhan** » Mon Jun 25, 2007 7:46 am

Hammad,

Just to add my expereince so far in this case, I have a smililar case and I am currently awaiting in pakistan to hear from the EC. It has already been 11 weeks.
It is very painful to leave your partner in this situation.
if you you get IO at heathrow they will really grill you and then the plane journey, GOD i cannot forget.
Please make sure you are accompnaied by a relative or a friend to comfort you on your journey back home.
I trust in bristish legal system more then I trust anything in pakistan. I really hope that they will look at the human side of your application and be able to give you a decision ASAP.

Make sure your partner is financially solid. Make sure you take all the financial documents, your ediucation certificates, pictures of both of you together. Letters, cards, emails, phone conv., any thing to confirm that the rlationship is genuine will really help.

Which city of pakistan are you from??

hammad · Post by **hammad** » Mon Jun 25, 2007 2:34 pm

well it does look like entry clearence , its to big risk for me i rather be illegal immigrant then going back cant lose my family over some paper i rather not have it

jes2jes · Post by **jes2jes** » Mon Jun 25, 2007 6:18 pm

hammad wrote:well it does look like entry clearence , its to big risk for me i rather be illegal immigrant then going back cant lose my family over some paper i rather not have it

gordon · Post by **gordon** » Mon Jun 25, 2007 6:57 pm

As undesirable as it must be to leave the country and to go through entry clearance, does that not seem preferable to being driven underground? It seems that to follow the prescribed process (even with its attendant hardships) is your only chance to regularise your status, and in the long-run would be far better for you and would be in your family's best interests. Becoming illegal would seem only to exacerbate an already awkward situation, and would hardly constitute a sustainable solution to your problem.

AG

jamalkhan · Post by **jamalkhan** » Tue Jun 26, 2007 10:55 am

Hey Hammad
THis is by no means that you should not regualrise your status
Trust me it is really painful but the only solution.

Staying there for 14 years is like a time bomb so do not risk it.

By the way I have a question with the panel

If you are called for the finger print scan and the staff tells you to go home and you will be called by fedex, hence no interview >??
Does this mean the results are positive???
If not then
Do you think that they can be unreasonable and do not let me have a say.

hammad · Post by **hammad** » Tue Jun 26, 2007 1:02 pm

jamal did u went back for entry clearence or sumthing else

jamalkhan · Post by **jamalkhan** » Wed Jun 27, 2007 9:15 am

Yes, entry clearence

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