Visa refused & temporary admission with liability to detain

[spring1]

Me with my husband and daughter came into this country on work holiday visa in 2008 and before the expiry of my visa went back and changed to study visa and came back in 2010. So i was out from the country for 40 days. Then I keep on renewing my visa lawfully. And in Sept. 2015 applied for leave on 7 year child basis as my child live here continuously for 7.5 years. (Applied before the expiry of previous visa) Last month UKBA refused visa and no right to appeal with removal notice but my solicitor sent protocol for Judicial review...Now the time of 3 months has been given for JR and we are given reporting letter to sign which mentions that no work is allowed. I am not working already so no issue in my case but my husband need to work in order to survive.

Now my question is "
1. Is my husband not allowed to work? or he is allowed as we are going for JR?"
2. Also anybody has an idea that what are the chances of our case?
3. Are we considered illegal now?

Thanks in advance ,..pls reply we are in too much tension..

[noajthan]

Me with my husband and daughter came into this country on work holiday visa in 2008 and before the expiry of my visa went back and changed to study visa and came back in 2010. So i was out from the country for 40 days. Then I keep on renewing my visa lawfully. And in Sept. 2015 applied for leave on 7 year child basis as my child live here continuously for 7.5 years. (Applied before the expiry of previous visa) Last month UKBA refused visa and no right to appeal with removal notice but my solicitor sent protocol for Judicial review...

...

Thanks in advance ,..pls reply we are in too much tension..

On what grounds were you refused?

What visa status do/did husband & daughter have?

[spring1]

I was on study visa. My husband and daughter dependent so. They count time from 2010 and wrote you have only 6 years here and do not qualify and certify as unfounded which is completely wrong.

[noajthan]

I was on study visa. My husband and daughter dependent so. They count time from 2010 and wrote you have only 6 years here and do not qualify and certify as unfounded which is completely wrong.

So it's a question centred on elapsed time in UK & continuity of residence in UK.
You will need someone with expertise in this area to advise.

As to question of work, if you have been instructed you (no longer) have a right to work then surely it follows for dependents too.
Again expertise in this area (continuity of rights with JR pending) required.

[spring1]

Thanks a lot for ur reply.
My solicitor said that my husband can continue to work..but I am doubtful as IS96 says he can not but yes as u said may be according to JR pending there is some provision. I am really surprised why HO not counting period fom 2008 to 2010 as we left within valid leave and came back with valid visa and were not out of the country for even 90 days...We are really upset...Are we considered illegal by them now?

[Wanderer]

Thanks a lot for ur reply.
My solicitor said that my husband can continue to work..but I am doubtful as IS96 says he can not but yes as u said may be according to JR pending there is some provision. I am really surprised why HO not counting period fom 2008 to 2010 as we left within valid leave and came back with valid visa and were not out of the country for even 90 days...We are really upset...Are we considered illegal by them now?

They're obviously discounting the 2 years on WHM visa, probably because WHM wasn't a settlement visa. I'm sure of the rules back then but was it ok to bring children on that visa? Certainly isn't now.

Anyway, the 7 year concession isn't just about reaching 7 years, you have to show why it would be detrimental for the child to return and that's getting much tougher nowadays.

Bit of googling, here's the clause re: children;

You do not have any dependent children who are aged five years or over, or who will be five before the end of the two years as working holidaymaker.

Does this apply or not?

[spring1]

This condition was given as u mentioned for a kid of 4 or so but they gave visa to my daughter. My daughter had a dependent visa and she was 4 years at that time and now she is 12 years old. Definitely the solicitor will fight our case to get us leave but don't know what is going to happen..As my daughter is here since tese many years...she only know English language and has adopted the culture over here as after 2010 we never went back due to family or other issues. Also in the refusal reason they have not even mentioned the reason that why they are not counting the previous 2 years, even if u may be right they do not include WHM in settlement. Have u read somewhere that WHM is not counted for this 7 year rule?


Now are we counted as overstayers?

[Zee ali]

This condition was given as u mentioned for a kid of 4 or so but they gave visa to my daughter. My daughter had a dependent visa and she was 4 years at that time and now she is 12 years old. Definitely the solicitor will fight our case to get us leave but don't know what is going to happen..As my daughter is here since tese many years...she only know English language and has adopted the culture over here as after 2010 we never went back due to family or other issues. Also in the refusal reason they have not even mentioned the reason that why they are not counting the previous 2 years, even if u may be right they do not include WHM in settlement. Have u read somewhere that WHM is not counted for this 7 year rule?


Now are we counted as overstayers?

Hi Spring1

Sorry to hear about your case. U and your husband r overstayer unfortunately. Not allowed to work and use NHS.

Now in my view HO overlooked your case. They should have given u right of appeal. HO also act Unlawful when they say u r only here from 2010. U have good chance to get an appeal right and your 3c leave will reinstate.

My advice is hire a good lawyer. Prepare your case well. U have good chance of success

Read Page 13 of 54

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Time spent outside the UK
Continuous residence is not considered broken if the applicant:
 is absent from the UK for 6 months or less at any one time
 had existing leave to enter or remain when they left and when they returned – this can
include leave gained at port when returning to the UK as a non visa national, see
related link: Information for non-visa nationals
 departed the UK after the expiry of their leave to remain, but applied for fresh entry
clearance within 28 days of that previous leave expiring
If the applicant had existing leave to enter or remain when they left and returned to the UK,
the existing leave does not have to be in the same category on departure and return. For
example, an applicant can leave the UK as a Tier 4 (General) student and return with leave
as a spouse of a settled person. Continuous residence is not broken as the applicant had
valid leave both when they left and returned to the UK

[spring1]

Thanks for the reply....Now as we are going for judicial review and they have refused the protocol as well as u know how stubborn HO is. Now they have given us 3 months for JR and definitely within that time we will file a case. But is there any possibility that atleast my husband can get working permission. As without that it will be hard. If we prepare and file the case by next month then even it will take 5-6 months for getting high court date. SO if there is any provision to get work right then may be we can survive. Hope there may be some provision for work right during JR pending.

WIll they send letter to NHS about us or what? As already I have some issues regarding my health..

Also u said we both are overstayers now so is Overstayer same as Illegal and if yes, then will our time here from now on will be counted .

Even our solicitor wrote in protocol that they should atleast give right to appeal as it is unlawful but still they have replied same.

[spring1]

Hopefully life will move in a positive direction and if so will definitely update so that people like me in trouble can benefit and do not struggle.

[Orz1230]

Hopefully life will move in a positive direction and if so will definitelyd update so that people like me in trouble can benefit and do not struggle.

Can u please update about your case as we r in the same boat right now.applied flr fee waiver in may 2017 refused and got is96 husband not allowed work and reporting every month paid fees and applied again in a week , got acknowledgement in Oct and bio metric done as well .waiting for decision .our lawyer said he can continue work as our case is still with HO.we send email to Ho regarding work permit but never got reply .will b around 6 months still waiting for decision.

[CR001]

Hopefully life will move in a positive direction and if so will definitelyd update so that people like me in trouble can benefit and do not struggle.

Can u please update about your case as we r in the same boat right now.applied flr fee waiver in may 2017 refused and got is96 husband not allowed work and reporting every month paid fees and applied again in a week , got acknowledgement in Oct and bio metric done as well .waiting for decision .our lawyer said he can continue work as our case is still with HO.we send email to Ho regarding work permit but never got reply .will b around 6 months still waiting for decision.

The user has not logged into the forum for 2 years. Unlikely you will get a response.

Also kindly refrain from digging up old topics, it clutters the current topics in the forum.