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FLRFP VISA REFUSED, FRESH FLRFP MADE

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abuu1
Newly Registered
Posts: 2
Joined: Sun Dec 12, 2010 9:09 pm
Location: United Kingdom

FLRFP VISA REFUSED, FRESH FLRFP MADE

Post by abuu1 » Thu Jul 02, 2015 4:33 am

Hi Folks thought should come forward for some quality advice

My Immigration history
came as student 2006
finish Degree in 2010
Psw visa 2010-2012
Got Married 2012
Change status to Spouse visa few month before Psw visa expires
Separated with my Mrs 6months after 2014 spouse visa ran out applied FLRFP based on My Private life as I am doing my Masters Degree asked them to let me finish my masters since I have invested a lot of money towards it, visa refused with right to appeal, accusation of deception since they discovered my ex wife was not a British citizen and was using fake birth certificate,Appealed and been to the hearing denied all the allegations, Judges Determination below....'

1. As regards to allegations of having employed deception to acquire leave to remain on the basis of a marriage to a British citizen , the respondent makes this assertion and must establish this. Dishonesty must be established. Before me there is no evidence from the respondent by way of document verification report that the documents were not genuine. The appellant relied on the birth certificate which his wife produced and accepted this on face value that she is British citizen. He maintains that the registrar and the Home office itself made checks and there was no adverse findings at that time (AA NIGERIA)- V – SECRETARY OF STATE FOR THE HOME DEPARTMENT- 2010 EWCAC iv773. In the circumstances I cannot be satisfied that respondent has discharged his burden of establishing the deception allegedly exercised by the appellant in the previous application’.

2. 'The refusal of the application must not result in unjustifiably harsh consequences such as disproportionate under article 8. The appellant has to establish that there are some compelling circumstances which would justify departure from Immigration rules. The appellant accepts that he cannot meet the requirements of Immigration rules. It is also not in dispute that the appellant does not have a family life in the UK. The only compelling exceptional circumstance which the appellant has advanced is the fact that he has completed half of his Masters Degree in Oil and Gas Management. The course is due to end in September 2015. He maintains that this course is not available in Tanzania. The appellant argument is that it would be interference with his Private life in preventing him from completing his Master’s degree whilst in the United Kingdom. However, regrettably the appellant has failed to produce any evidence that the course is not available in Tanzania, I would have found in favour of the appellant because clearly he has invested money in his course and would wish to complete and conclude his Master’s Degree’

That was the verdict from the Appeal, we went for permission to appeal so as to present the evidence that was needed with no success at all levels, I decided to put in a fresh Flrfp Application my self without help of solicitor coz they are too expensive. I Prepared the the evidence that was not presented at the hearing and highlight the points above in the application,

Any advice will be much appreciated ,

1. what is the likelyhood of succeding at this stage, in case it goes wrong what choices will I have,

2. I am hoping to finish my Degree in Sept 2016 and I want to push it till I finish, I would also like to apply for 10 years route ILR around same time that I will finish the course coz my 10 years falls at around them dates.

In addition when I made the application I told them I was going to finish sept 2015, as I am doing part time decided to finish rest of my modules in 2016, I explain to them in the new application the reason for this was the legal costs that I went through and still going through are overwhelming and decide to transfer some of my modules to next academic year so as to balance the costs, on this new flrfp application I told them that I am expecting to finish in sept 2016 and I attached the uni later stating the same, will this be an obstacle to the positive outcome?

Please Advice
Thanks in Advance

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