Illegal entrant need help

[muhamad3011]

Dear All
i am new to this forum I desperately need help with my situation this is my story,
I am an Illegal entrant came in the UK in 2008, met my x girlfriend from back home who has indefinite leave to remain to join parents. we started dating again, and got married in January 2012 after been in a relations for 3 and half years, i went to see a lawyer who advice me to apply for leave to remain as a spouse of a person settle in the UK. she gave me a list of documents that we need to provide for our my application including life in the uk test which i did passed. we went ahead and apply on the 5/07/2012, unfortunately my application was refused without any right of appeal, they state on the rejection letter that they believe our relationship was genuine but i did not meet the requirements of the rules. reason for refusal was based on a number of factors.
here they are as follow.

1.you did not hold any valid leave to remain in the united kingdom when you made this application. You were in breach of the immigration law by entering the united kingdom illegally and remaining without any valid leave. You did not submit a certificate or any other evidence with your application to show that you have passed a suitable English language test. the knowledge of Life test that you submitted is not deemed suitable for satisfying the English language requirements in applications for leave to remain. in view of the above the secretary of state has decided to refuse your application under paragraph 286 with reference to paragraph 284 (i),(iv) &(ix) (a-e), as stated above

In refusing your application consideration has been given to your family life under article 8 which from 09 July 2012 falls under appendix FM EX.1 of the rules

2.You do not have any British children that are dependent on the relationship and there are no insurmountable obstacles why you and your partner cannot pursue family life in your home country

In view of the above the secretary of state is not satisfied that you can meet the requirements of ELTRP 2.2 & 4.1. AND EX.1 (A) and (b) as stated above for leave under 5 or 10 year route to settlement and your application is refuse under D-LTRP 1.3 with reference to R-LTRP 1.1. (c) & (d).

A consideration has been given to your private life under article 8 which from 09 july 2012 falls under paragraph 276ADE of the rules
3. You entered the UK in 2008 and cannot show that you have no social or cultural ties to your home country
the secretary of state in not satisfied that you are able to meet the requirements of paragraph 276ADE as stated above

i was asked to contact my local enforcement office to discuss my departure from the UK which i didn't. after nearly 2 years god blessed me and my wife with a child who is now a year old. i need advice what step i should take as i want to apply again but have no idea what to do and my wife is not earning 18600.

sorry if i have posted at the wrong forum
many thanks

[secret.simon]

Did you marry your spouse in the UK or in another country?

Is your spouse a British citizen now or is she still on ILR?

[muhamad3011]

thanks for your quick reply secret.simon we married in the uk but had our marriage certificate from our country of origin we are both from the same country. she still on ILR

[Obie]

Muhammad, you may be able to seek reconsideration as you were not given and Appeal and you now have a child who is British.

You fall within their policy.

[muhamad3011]

thanks Obie for your reply. will it be considered even though its been 2 and half years since my application was refuse? how do i go about it any help will really be appreciated.

[Obie]

It may be possible, or a new application.

[muhamad3011]

Ok Obie if I was to go for a new application which route should I go for ?

[Obie]

Have you not got a legal rep dealing with your case

[muhamad3011]

I have spoke to a lawyer who charched me 230 pounds just for which I think is expensive advising me what to do and which documents I need to provide, he said I should apply for FLR (FP) don't know if that's the right idea...

[Obie]

£230 just to speak to you. What region is that.

[muhamad3011]

He is in london his total charge for the process will be 1000£ and the 230 will be included meaning I will have to pay him 770£ not including any cost towards the home office charges and NHS surcharge.

[Obie]

Does your wife work at present and what is her earning .

[muhamad3011]

She is working, she earns about £9000 before tax. She also has some savings

[Obie]

What is your immigration history ?

Any deception

[muhamad3011]

No. no deception no criminal record never been involved with police am clean.

[Obie]

You entered with leave or not

[muhamad3011]

No. An illegal entrant

[Obie]

I see. What nationality us the child? And are you currently on reporting restrictions .

[muhamad3011]

My child is a British citizen. No am not reporting if you go through my first post it will give you an idea of my story.

[joysmith]

Hello Obie, how can i send you a private message please? It has to do with a letter sent by the HO by post yesterday stating that my husband is liable for detention and that he has to report at Becckket House on Monday to sign .
I would appreciate it if I can get the opportunity to discuss his situation.

Kind Regards,

Joy Smith

[Obie]

Well you should open a separate thread for your case, rather than hijacking this post, and unfortunately you are unable to send private messages until you have made 10 posts.

[muhamad3011]

Dear Allwe started dating again, and got married in January 2012 after been in a relations for 3 and half years, i went to see a lawyer who advice me to apply for leave to remain as a spouse of a person settle in the UK.