Refused Legacy - Reporting Every fortnight

[waraich786]

Hi To All,

I am new to this forum and would like some guidance to my husbands case. We are very confused to what we can do and would like your help.

I am British Citizen and my husband has come from India to the UK on the 20th January, 2004 and claimed Asylum at the airport, but did not attended the Asylum interview the next day.

We been together since July 2005 and moved in together in Nov 2009.
We got married in religion in August 2010 and then legally in the UK after obtaining a COA in December 2010.

I husband received a letter from CRTS 20 saying that the were dealing with his case last year.

Recently, my huband had interview with the case worker at Eaton House - Hounslow to say they are refusing his Legacy Case due to fact that he did not go for the Asylum Interview, so they can't deal with his case as Asylum but as a Abconder for the last 7 years.

Due to his good charater, no criminal record and married to me they are not deporting and asked him to report on fortnightly so he can make arrangements to get Entry Clearance from India.

We about to make our arrangments to go back to India, as I work full time and can support him but my but now doctors have advised that my husband can't go abroad due to his medical condition.

My husband has Advance Cell Renewal Cancer and has been on Chemo treatment for a while (which did not help him) and now trialing another treatment which is making slight improvemnts.

The medical condition could worsen if he goes back because he would not have the same supervision montoring or the specialised treatment available from his home country and they would not let him take the treatment with him.

They have refused him to go back and written a letter to confirm this to the Home Office and to the caseworker dealing with the case and given permission to see his all his medical records as this will breach Human Rights Act article 3 and to grant the further leave to remain from the UK.

We are confused and worried to what to do next or what will happen?

We haven't made FLR (M) yet due to the fact we were going to go back to this.

He is going back to report on the 24th Jan 2011 and he will take the doctors letter with him but we are just so confued to what we can do next?

Please can anyone help we would appercaite all your help and avise.

Thank you.

Kindest regards





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[cobra]

Hi,

I think you do have a right to make an appeal. get a solicitor to deal with the case.

[waraich786]

Thank you for your reply.

We have got a solicitor involved now but scared to what will happen.

Do you think we have any grounds from here, due to his medical condition?

Why can't they give us the clearance from here?

[Brown212]

Thank you for your reply.

We have got a solicitor involved now but scared to what will happen.

Do you think we have any grounds from here, due to his medical condition?

Why can't they give us the clearance from here?

if you documentation concerning his medical condition to support your claim, he should be given a favourable consideration.

[waraich786]

We have now filled in FLR (M) and included the doctors letter explaining to the homeoffice of his conditions.
Also, we have given permission to the doctors to release all information regarding the treatments and visits and appointments.
I have included my payslips and letters to prove we have lived together since Nov '09.

My husband has also passed the English Test as well.

I hope they can see that we are not trying to worm out of going but generally stuck due to his medical treatment.

[cobra]

legacy means Grant a status or Remove you from the the UK. from my understanding I really your husband has strong case because of his
1- Medical condition
2- Strong tight in the UK because you are his british wife.
3- length of time in the UK

He`s got a very good and strong case. you only need good solicitor to fight for you.

I know few people who were in the worst situation that him but today they all have granted under the legacy.

Please keep update us.

[waraich786]

Hi Guys,

Our doctor today wrote a letter to caseworker confirming my husbands medical conditions and mentioning that he should not traveling as this will effect his treatment.

The caseworker called me today to say she has the letter and will look into it but still advised us to go back for entry clearance as people are suffering with medical conditions all the time.

I was a little shocked at what she said as its not everyday you get told that you have advanced cancer and if the correct treatment is not given in time the life expectancy for husband could be effected. This not sore throat or cold we are talking about it someone life and matter of life and death.

What is UKBA playing at?

Very upset and need your help.

[cobra]

This sound good, Hope something positive will come out in your Favour.
God is in control not the Humanu being.