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Personally, I wouldn't take Frontier Mole's advise as gospel. This deception rule only came into force in April and hasn't had a fair run at the AIT. There are not many reported cases if any at all on the case of deception and the incredible 10 years ban. Although Frontier Mole is a pessimist, I fail to see it as all gloom and doom just as he has posted.zionkitten wrote:Thank you Sakura and Marita25 for your advice. I have been in touch with an immigration lawyer today who has ran through our options. We will be together regardless if we get stay here or not so...On hindsight, we really should have consulted a lawyer before (it was a CAB advisor we told us to lie initally anyway! great advice!) but we were too young, immature and thought we're married, we love each other, we're good people, anyone can see that! but you live and learn. I am a true optimist so whatever happens, we will have a great life together! x
There you go again taking your usual condescending seat, but then, we know it wouldn't be you if you didn't do that.Frontier Mole wrote:Twin,
There you go again with your unrealistic sugar coated view of immigration. This individual has not got a hope, you are encouraging someone to waste their resources and time in trying to win something that can not be won. By their own admission they accepted they have lied / deceived in an attempt to get a visa.
I would be interested to find out even if you know what differentiates an AIT determination that can be relied on in court from ones that can't?? Rummaging, as you put it, for a case isn’t going to help if it can not be submitted in court.
Zionkitten
Any immigration practitioner worth their salt knows this case and any further appeal is dead in the water. As for Twins little insight of the 10 year rule not being tested - well here is the difference between an immigration professional and some casual observer. The 10 year ban can not be tested by the AIT. The ban is a statutory imposition and is not within the AIT remit to question or mitigate. The only point that can be tested by the AIT is whither or not the correct immigration decision was made? In your case with the deception evidenced for the court it will not take much for them to say the decision was correct. The court does not then go on to consider was the 10 year ban reasonable. The ban is imposed as a secondary consequence of the use of deception.
Yes you have every right to appeal, however that is not the same as every appeal is right.
What did the lawyer say, let me guess - "It is an interesting case, UKBA have not actually specified the deception employed. Erm, perhaps this is something we can look at, hmm. Give me £XXX up front and I will see what I can do".
I hope that really was not the case, I hope they actually pointed out the lack of merit in the case and advised you to consider another option.
By all means carry on with the appeal. What the lawyer can do is file an appeal, examine / gather evidence, prepare an impressive court bundle, attend at court and manfully put your case across. It will not achieve the outcome you want, the case will still be dismissed. The whole endevour is nothing more than an elaborate piece of theater to give you some interim false hope and ensure his kids can still attend private school.
If you had any chance I would say so, no amount of appealing or letters to UKBA will achieve anything. Save your money and if you truly want to be together get a job in another EEA state and exercise your treaty rights to bring him into that country. Thereafter have a look at a case called "Surinder Singh" on how to bring him to the UK.
Link http://webdb.lse.ac.uk/gender/Casefinal ... 8&pageno=7
I completely agree, people like this ruin it for the majority who go through the legal means, making the procedures even more complicated and expensive.Frontier Mole wrote:Up standing -![]()
You harboured a known immigration offender, colluded in deception and expect to have the use of the law in the UK to gain rights for a person that certainly does not follow said law.
And the UK is to be grateful as he paid a bit of tax - yippee. I doubt he has even covered the costs of the immigration appeal never mind anything else. It is funny how what we do in the UK as an everyday event is somehow to be appreciated when an illegal does it. "He paid tax you know!"
I will point out to any immigration offender the blunt reality of what they have done. As for kicking while you are down, that is just fine and dandy, glad you got the message. Better still it sends out the message to others, use deception - pay the penalty.
Well I wish you luck and hope your relationship remains strong when your only option is to live in Moldova - wonderful eastern block country through and through!
I have stated on this forum before and will continue to do so - I believe in the rule of UK law. I will not put up with up with the "woe is me I / we got caught" people like you always bleat.
Congrats on the job - which country is it? Do you know about the immigration process there? (If not and it is an EU/EEA country, you can try searching for related posts under the other European countries link).zionkitten wrote:Well am sorry for 'ruining it for everyone else' as you say, but you can't help who you fall in love with now can you...I have an excellent lawyer who has been honest with us. Our case is not clear cut, we have a small chance of winning however, today i have been offered a great job abroad so off i go! My husband will join me asap and we can be together. simple. That is all we wanted in the first place. Thank you all for your advice.