Imm health surcharge please help urgently

[yarab]

Hello every one,
I came here on a spouse visa February 2016 me and my wife lived together untill September 2017 we were blessed with a child who was born here and have a British citizen.
Basically the home office knew we are separated and asked to interview me and they phoned my wife and she confirmed we not living together and she send them a letter saying that she is not sponsoring me anymore at the same day of the interview they curtailed my visa and gave me a letter to remove me in 2 days time to my home country.
I phoned my solicitor the next day and he made a legal representation asking them to give me 60 days curtailment and it's unlawful to just remove me as I have my son here in the country so they gave me a temporary admission for 2 weeks untill they take the decision to give me the 60 days or not.

Unfortunately after 13 days they answered and they said they are satisfied to cancel my visa under paragraph 312A as my circumstances changed.
and they have taken into account the welfare of my child and the impact this decision would have on him , By cancelling your leave this would not inhibit the opportunity for you to see your son, and that they are satisfied that his welfare with his mother.

and they gave me Administrative review to challenge the decision
and they gave me " One Stop Warning " under section 120 Nationality, Immigration and asylum Act 2002 to give them any reason or grounds for wishing to stay in the UK

my solicitor said we will go for both the Admin review to keep fighting for the 60 days curtailment
and at the same time we will reply to the one stop warning in a form of application and ask for leave to remain as a parent of british child.
due to the misunderstanding between me and my wife I don't have any contact between me and my son at the moment but I have hearing listed within 6 weeks with the family court to sort that out.

I would like if someone had the same situation or have any experience about that to give me an advice of what they think or how they see things
if I will have a strong case if i fill the one stop notice under visa as parent or not

thank you so much in advance

[New on forum]

Hello every one,
I came here on a spouse visa February 2016 me and my wife lived together untill September 2017 we were blessed with a child who was born here and have a British citizen.
Basically the home office knew we are separated and asked to interview me and they phoned my wife and she confirmed we not living together and she send them a letter saying that she is not sponsoring me anymore at the same day of the interview they curtailed my visa and gave me a letter to remove me in 2 days time to my home country.
I phoned my solicitor the next day and he made a legal representation asking them to give me 60 days curtailment and it's unlawful to just remove me as I have my son here in the country so they gave me a temporary admission for 2 weeks untill they take the decision to give me the 60 days or not.

Unfortunately after 13 days they answered and they said they are satisfied to cancel my visa under paragraph 312A as my circumstances changed.
and they have taken into account the welfare of my child and the impact this decision would have on him , By cancelling your leave this would not inhibit the opportunity for you to see your son, and that they are satisfied that his welfare with his mother.

and they gave me Administrative review to challenge the decision
and they gave me " One Stop Warning " under section 120 Nationality, Immigration and asylum Act 2002 to give them any reason or grounds for wishing to stay in the UK

my solicitor said we will go for both the Admin review to keep fighting for the 60 days curtailment
and at the same time we will reply to the one stop warning in a form of application and ask for leave to remain as a parent of british child.
due to the misunderstanding between me and my wife I don't have any contact between me and my son at the moment but I have hearing listed within 6 weeks with the family court to sort that out.

I would like if someone had the same situation or have any experience about that to give me an advice of what they think or how they see things
if I will have a strong case if i fill the one stop notice under visa as parent or not

thank you so much in advance

Get the contact order you will be fine.

[yarab]

Thanks for your answer
As I told you the contact order will not be able to get it as the hearing after 6 weeks and I have to apply for one stop warning this week but I do have a prove that there is a hearing listed.
Other question
Will it matter if the contact is supervised or unsupervised ? Will that effect of the application?
Thanks again

[New on forum]

Thanks for your answer
As I told you the contact order will not be able to get it as the hearing after 6 weeks and I have to apply for one stop warning this week but I do have a prove that there is a hearing listed.
Other question
Will it matter if the contact is supervised or unsupervised ? Will that effect of the application?
Thanks again

Send them the evidence of ongoing proceedings and later the contact order when it’s granted.
It doesn’t matter if contact is supervised or unsupervised as long as there is direct contact.
Why do you think your contact will be supervised is there any child protection concerns or domestic violence from you?

[yarab]

there is no child protection concern or any domestic violence from me but yes at the same time my wife's allegation trying to say so .
so my wife keep saying she will not allow me see my son again and sometimes she is saying it should be supervised I don't think she will allow me unsupervised however I will ask that from the court but as you know I need any kind of contact untill I sort my visa out.
so just wondered if my wife made allegation for domestic abuse which there is no prove and no police charges and ends by having supervised contact with my son will that effect on my case to get leave to remain?
thanks bro

[yarab]

hello guys
is there anyone there to able to give you more information about what is going on with me
thank you

[New on forum]

there is no child protection concern or any domestic violence from me but yes at the same time my wife's allegation trying to say so .
so my wife keep saying she will not allow me see my son again and sometimes she is saying it should be supervised I don't think she will allow me unsupervised however I will ask that from the court but as you know I need any kind of contact untill I sort my visa out.
so just wondered if my wife made allegation for domestic abuse which there is no prove and no police charges and ends by having supervised contact with my son will that effect on my case to get leave to remain?
thanks bro

Courts are very used to with dealing with baseless allegations and it’s very common.
Even if contact is supervised that’s ok as far as HO is concerned also it won’t be supervised forever it eventually progresses to unsupervised if all goes well.

[yarab]

thank for you answer new on forum

the thing is now that I can't take the decision if I should just apply under section 120 that one stop notice they served me
or I can make a fresh FLR-FP and if I can make a fresh one why they didn't ask me to make a fresh application with paid fee instead of section 120 which is free

I hope someone from the experts can help with that including you (new on forum)

[yarab]

please I need an urgent answer
if I should go for Admin review and One stop notice section 120

or should I just make fresh FLR F-P as a parent of british child
please quick answer as I have to do something within the next few days
thank you

[Obie]

There is nothing like 312A, in the rules. Wondered under which provision your visa was curtailed.

[yarab]

There is nothing like 312A, in the rules. Wondered under which provision your visa was curtailed.

what do you mean by there is nothing like 312A
was curtailed under paragraph 323 and then said therefore I refuse your leave to enter under paragraph 320
and notice of removal without appeal or admin review.
then my solicitor made my representation so they changed word curtailment to cancel and gave me right of admin review and section 120
within next week I will be doing admin review in a hope of getting 60 days curtailment and challenge that they can't just cancel it like that. don't know if it will be successful and if not will I be able to submit a fresh FLR Fp as I mentioned on my previous posts but no one have a legal answer

[Obie]

In you initial post, you mentioned your visa was issued under 312A. That was why sought clarification.

[yarab]

after my representation they changed the word from curtailment under paragraph 323 to cancelled under paragraph 321A(1) of the immigration rules HC395
sorry not 312A

my solicitor said we can go for admin review and write them and say we can't do section 120 now as they required because per paragraph 34 admin review will be withdrawn.
so he suggested that he can write to the border force and ask them we can apply for section 120 if they refused the admin review.

then he said if they refused the admin review big chance it will come with section 120 again anyway which is free application
then at this time we can submit FLR Fp which is paid application which he think it will be better than just section 120 but again I don't know if that is legally possible or they can reject it .
don't know really?

[Obie]

Try and reach a compromise with your wife in the interest of your child, if that is possible. Then come to an amicable agreement on how you can play a role in your child's life.

60 curtailment is usually engaged in.Point based system cases.

[Obie]

I am not sure if the Home Office or the lawyer are confused. 321A(1) is only engaged if you are outside the UK, but you are not, so I wonder how home office can rely on it.

[yarab]

Try and reach a compromise with your wife in the interest of your child, if that is possible. Then come to an amicable agreement on how you can play a role in your child's life.

60 curtailment is usually engaged in.Point based system cases.

I can't get an agreement between me and my wife unfortunately that is why I issued child arrangement order to the court.

all what I need is the 60 days curtailment really to be able to apply for fresh flr fp and during the 60 days I would be able to sort out the contact
but they are not giving me 60 days yet that is why will go for admin review

[yarab]

I am not sure if the Home Office or the lawyer are confused. 321A(1) is only engaged if you are outside the UK, but you are not, so I wonder how home office can rely on it.

maybe both because I had the decision from the home office and it says ( I therefore cancel your continuing leave and refuse you leave to enter in accordance with p
paragraph 321A of the immigration Rules HC395
and that they have taken into account the welfare of my son as by cancelling your leave that would not inhibit me from seeing my son and his welfare is sufficient as he is in the care of his mother)

that what was written from the home office
and my solicitor didn't mention that 321A if iam out side the uk
but my solicitor agree that they have done big mistake just to curtail my visa without giving me 60 days notice and they tried to correct their mistake by changing word curtailment to cancelled but they still done big mistake and that is why he recommended to go for admin review
and if its refused then we go for fresg FLR fP

[yarab]

I am not sure if the Home Office or the lawyer are confused. 321A(1) is only engaged if you are outside the UK, but you are not, so I wonder how home office can rely on it.

maybe both because I had the decision from the home office and it says ( I therefore cancel your continuing leave and refuse you leave to enter in accordance with p
paragraph 321A of the immigration Rules HC395
and that they have taken into account the welfare of my son as by cancelling your leave that would not inhibit me from seeing my son and his welfare is sufficient as he is in the care of his mother)

that what was written from the home office
and my solicitor didn't mention that 321A if iam out side the uk
but my solicitor agree that they have done big mistake just to curtail my visa without giving me 60 days notice and they tried to correct their mistake by changing word curtailment to cancelled but they still done big mistake and that is why he recommended to go for admin review
and if its refused then we go for fresh FLR fP

[Obie]

Even with 60days, you will be back to square one, as you will not be able to apply under parent route as you presently have no arrangements in place for the child.

There is no barrier to you applying for FLR(FP) not sure why your lawyer think you need 60 days to apply.

My concern is a certification and refusal of a right of appeal.

At present you are not able to demonstrate qualification under the rules as a parent or as a spouse.

Are you working and able to support yourself at present.

[yarab]

Even with 60days, you will be back to square one, as you will not be able to apply under parent route as you presently have no arrangements in place for the child.

There is no barrier to you applying for FLR(FP) not sure why your lawyer think you need 60 days to apply.

My concern is a certification and refusal of a right of appeal.

At present you are not able to demonstrate qualification under the rules as a parent or as a spouse.

Are you working and able to support yourself at present.

by the time they will give me 60 days and within the 60 days I will be able to get a child arrangement order from the court as I have a hearing listed next month .
the reason I want to apply for flr fp after the 60 days means
1- I will earn time to get child contact as I mentioned
2- I will not be on temporary admission and I will be allowed to work as now iam not allowed to work
they gave me temporary admission is96 and it says there you cantnot engaged any business paid or not paid that is why I been off from work since that happen.

I have everything to demonstrate qualification under parent route but not the most import thing which is the child contact which I have ongoing case from the court and I have a court order saying that I have a hearing next month .
even if I want to apply now I can do but I will just send them a notice of hearing and will ask them to wait until the I get the contact order .
but I don't want that to happen I really want to have all of my document ready in one go that is why I want the 60 days curtailment to earn time to get child contact from the court and also to have vaild leave not temporary admission and also will be able to work

3- at the moment iam not working for reasons mentioned above but I do have all payslips since I started work and bank statement and my employment contract but I just can't go to work coz iam on temporary admission if that make sense

I wish I can go back to work
or will I be able to go back to work if I asked them to ?

[Obie]

In my opinion contact order takes a lot more than 6weeks, especially if a mother seeks to oppose contact. CAFCASS may be appointed, if welfare issues are raised, court will need to address them.

I appreciate you are optimistic, but you need to be aware that in family law matters, things are not always straightforward.

[yarab]

In my opinion contact order takes a lot more than 6weeks, especially if a mother seeks to oppose contact. CAFCASS may be appointed, if welfare issues are raised, court will need to address them.

I appreciate you are optimistic, but you need to be aware that in family law matters, things are not always straightforward.

so if I will go for FLR F-P later on but I don't have contact sorted yet
can I give the home office prove of a family matter going on and just ask them to wait until I send the contact order once its done ?
or that will not work?
what do you think?

[blackkent]

Obie is right. It's good to be optimistic but in reality, You are in for a long ride with that contact order simply because your wife or would I say ex wife is opposing contact. I speak from personal experience.

First, there will be a directions hearing, then CAFCASS will do a safeguarding check, then there will be a FACT FINDING HEARING which takes two or 1 day depending on how many allegations, then after that there will be a judgement,then a SECTION 7 report and then another directions hearing before a final hearing.

You might be directed to undergo a DOMESTIC VIOLENCE PERPETRATORS PROGRAM if any of your wifes allegations are proven to be facts. Remember, this is not about if you are guilty or not, the standard of proof in the family court is on the simple BASIS OF PROBABILITY, which in simple words means, the court will consider which story is more likely to be true and 98% of the times, the women always end up being believed whether its true or not. So eliminate any hopes of having a fair hearing.

Your focus should be getting contact and you will not get contact in 60 days. You need to be looking at 10 months at least.

Your best bet is to apply for FLR FP right now if you meet the requirements as a Parent and also submit evidence of ongoing court proceedings.

Then be nice and obey the courts, hopefully you will get contact if you havent done anything criminal.

[Obie]

Well you have eloquently described things. I have been involved in matter that took 20 months to resolve. Then when we finally got a court order, the mother sought to undermine in and refuse to comply. Then I went to court to get it enforced. She came to court crying and saying she was going through depression. Court did not grant us the declaration we sought, went to court of appeal, where she finally agreed by consent and started following the matter. It was a mess. She refused to give the child's passport, refused to confirm in writing that father is playing a role.

She made a complete mockery of the judicial system.

[yarab]

Obie is right. It's good to be optimistic but in reality, You are in for a long ride with that contact order simply because your wife or would I say ex wife is opposing contact. I speak from personal experience.

First, there will be a directions hearing, then CAFCASS will do a safeguarding check, then there will be a FACT FINDING HEARING which takes two or 1 day depending on how many allegations, then after that there will be a judgement,then a SECTION 7 report and then another directions hearing before a final hearing.

You might be directed to undergo a DOMESTIC VIOLENCE PERPETRATORS PROGRAM if any of your wifes allegations are proven to be facts. Remember, this is not about if you are guilty or not, the standard of proof in the family court is on the simple BASIS OF PROBABILITY, which in simple words means, the court will consider which story is more likely to be true and 98% of the times, the women always end up being believed whether its true or not. So eliminate any hopes of having a fair hearing.

Your focus should be getting contact and you will not get contact in 60 days. You need to be looking at 10 months at least.

Your best bet is to apply for FLR FP right now if you meet the requirements as a Parent and also submit evidence of ongoing court proceedings.

Then be nice and obey the courts, hopefully you will get contact if you havent done anything criminal.

Thank you so much for your help.
It sounds like it will take ages .
I thought that the court and cafcass will encourage us to reach agreement at the first hearing and I have a hope that might be sort by the first hearing which is next month .
I don't have any criminal offence.
The reason again I want to have my 60 days curtailment back that will enable me to go back to work and when I apply for flr fp and the visa expires then section 3C will extend my leave.
But if I applied staright away now for flr fp I will not have a valid leave and it will take many many month for a decision and I will be without work all of that time.

So I got from your answer that when I apply for flr fp I can give the home office all the paper work for the family matter and they will wait for me to send the contact order if I got it .
Will they just refuse my application as I don't have any sort of contact or u think they will wait untill I give them the contact?
Thank you again