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Appeal Dismissed, what's next?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Nihao01034
Newly Registered
Posts: 2
Joined: Sat Jan 31, 2015 8:07 am

Appeal Dismissed, what's next?

Post by Nihao01034 » Sat Jan 31, 2015 8:19 am

Hello everyone!

For details of my story refer to this link http://www.immigrationboards.com/immigr ... t#p1113017

I had to make a new account because I forgot the details for the old one.

So just to update you all, unfortunately the judge dismissed our appeal although he did accept that our relationship was genuine.

Prior to the hearing I found out I was pregnant thus this was ignored and our barrister determined that the refusal was extremely harsh and that there were several grounds on which I should have been granted leave to remain.
The judge was extremely selective when looking at the evidence and determined that I should go back to Argentina and my partner should come with me. I mean I think that is outrageous given the fact that mental illness doesn't only require medication but also holistic treatment. The Home Office representative made it out as though as long as there are pills available it should be fine. It's not all about pills, the pills don't fix the problem.
My partner has been extremely depressed, he hasn't been coping well and I fear another breakdown might be on its way :(.
On the other hand, miraculously, I'm 14 weeks pregnant and the baby is doing great. In addition, my partner has been granted Personal Independence Payment and is now considered disabled
We have now applied for permission to appeal to the Upper Tribunal although I can see that this is going to drag on forever.
I don't know what will happen really, I thought I had a really good chance and there was no way they would refuse us but they keep saying I could easily go back to Argentina and start my life again over there.
I can't really go back, I can't leave my partner and he is in no condition to go there and start a new life. The Home Office have already caused a lot of psychological damage and I fear he's getting worse because of it. He feels like giving up on a daily basis and quite frankly I really am struggling big time as I'm pregnant and it's becoming mentally exhausting.
He can't stay away from his family, losing his father was what triggered his mental illness and I don't want to imagine what losing his mother and being all the way in Argentina will do to him. He can't get on a plane anymore, he can't drive anymore and hardly ever goes out.
What can I do? What are my options? My solicitor said that in the event everything gets refused we can just go for a fresh application on the basis of my British child.

Thank you very much in advance

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Appeal Dismissed, what's next?

Post by Obie » Sat Jan 31, 2015 8:27 pm

Wow, that is extremely harsh. Then again i am not surprised, in this climate.

You could appeal to the Upper Tribunal on the basis of an Error of law.
Smooth seas do not make skilful sailors

kingin2015
Junior Member
Posts: 65
Joined: Thu Jul 31, 2014 5:56 pm

Re: Appeal Dismissed, what's next?

Post by kingin2015 » Sat Jan 31, 2015 9:23 pm

i think you should go for what your solicitor said. I have read many story , application or appeal with unborn child is less likely to be successful. So you should wait until your baby is born then have a fresh application . Best of luck.

Nihao01034
Newly Registered
Posts: 2
Joined: Sat Jan 31, 2015 8:07 am

Re: Appeal Dismissed, what's next?

Post by Nihao01034 » Sat Jan 31, 2015 10:34 pm

Thank you both, Obie and King for the responses.
Can I still be detained whilst being pregnant with a British Child? I was told it's highly unlikely but then I don't know what to think anymore since I was released from detention on bail.
We were thinking of finally conducting a civil ceremony so we are not treated as 'unmarried partners' anymore since we hate to be called that as we have always treated each other as husband and wife. Can UKBA still come to the wedding to give us a hard time?

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