Human Rights IRL REFUSED PLEASE HELP

[osakajp]

Hello fellow migrants.

I hope some of you can shed some light so that I know what I am standing ( kind of) before I spend my money as I am meeting a barrister and a solicitor Monday as I see lots of people misrepresented by their solicitors.

I am terrified and so worried they will come and take me to the airport as the refusal letter had a certification of " clearly unfounded" and the letter was sent the 7th and i only received it the 19th. those 7 " safe" days are long past" and I don't know what to do.

I have some questions please.
My situation is very complex to say the least and it would take ages to explain but I just have some concrete questions please.

- I was given the right of appeal outside the UK. Can I challenge that? they sent a certification. or is that just something to get me out of the country?

2- Can someone give me the meaning of what constitutes private life ?

=The case worker challenged everything and assumed everything without asking for further documents

for example
-1 you have lived xx years in your country and you haven't shown the contrary so you can perfectly go back to your country of origin.
I have lived here 9 years and 7 years in the US. I left my home country at 19. I am 39 now.

2- you have written that you still have family in your country of origin, you have not raised the issue that they would not be able to support you so you are refused

3- your long term treatment you can continue it in your home country although we know its not the same and you might have to pay for it. I have been a diabetic for years and that has led to other health problems.
Health is not free in my country of origin. it follows the same American health care; you need to work to get insurance.


4- you have not given us evidence that you have a partner in the uk.
I do have a partner. we have been friends for years and about a year ago we got together romantically (same sex partner)
she has supported me financially for the last 4 years. I can prove that worth bank statements of her making every month transfers to my account of £1000.
the reason why we can't live together or marry is because she works as a live-in nanny and she doesn't earn what the HO needs for her to sponsor me.

I am from a very conservative country that although its a crime to discriminate against homosexuals, they still do.

many many more points.

The case worker only asked for more papers concerning if I was fit to travel.

He/She assumed everything without even asking for more details or evidence. She made her own deductions.

What should I do?
Do you think I have bases for a JR?
Can I ask to reconsider the " out of country appeal". There is nothing for me in my home country.I left a long time ago. how can I REINTEGRATE? MY LIFE IS HERE.

what are the chances of an appeal? I want to appeal but from the inside.

I would really appreciate some advice!!!!!

[CR001]

Assuming you applied for ILR based on 10 years long residence, but you state you have only lived here for 9 years

What is your full immigration history in the UK?

HO don't 'assume', decisions are based on the immigration rules and whether you meet them and the supporting documents you submit with your application.
It is not HO's responsibility to chase you for information. If you have a partner, you should have stated it and supplied supporting evidence (albeit living apart would likely not convince HO that it is a durable relationship akin to marriage).

[osakajp]

Thank you CR001

my immigration history was outstanding until my visa expired in july 2016 with tier 4 and psw. Solicitor made a mistake and I lost section 3C 4 months before the qualifying period. Applied in october without even knowing that I was doing so as an overstayer.

how can the HO not be assuming when nowhere in the form asks me about where I lived before the Uk or what they consider my country of origin. they are assuming I Have lived in my country of origin xx years.

The form asked me if I have family in my country of origin. I answered truthfully and I said yes.
he said that I didn't provide information saying that I wouldn't have the financial or emotional support should i move back. HO SAID: since you didnt raise any issue you are being refused.

I agree with that you say in terms of me providing the information. they only ask for extra information that can suit them. like if i am fit to travel or not.

anyways whats done is done and I NEED TO MOVE FORWARD and think about my options because I am terrified that they will come and take me. every though they don't have address because in january I had to move and they refused the right to rent.

what can my options be now?

-what does this certification mean in terms of appeal prospect?

- does that have any impact in the appeal?
=Can I challenge the "out of appeal" so I can appeal inside?
- Can I ask for reconsideration providing more information, evidence ?
-Can I go directly to JR?

please some help before I pay a fortune to solicitors/barristers

thank you

[CR001]

Are you saying you applied for ILR LR in October AFTER your visa expired?? This is why you can only appeal outside the UK, you had no valid leave and were an overstayer and therefore did not qualify for ILR long residence.

Have you been given the option of 'Administrative Review'? Although I don't see how you could succeed with this if you applied for ILR with no valid leave.

[osakajp]

thank you once again.
yes, the solicitor sent the application late. its their fault but the HO will not see it that way obviously.

I understand what you are saying and thats why I am asking for some light

Can I ask for reconsideration? I have new evidence that I didn't provide with the original application.
Can I challenge the out of the UK appeal? with doctors letters etc. I am having an operation soon.
DO I have a chance to succeed on appeal if I leave the UK.?
JR?

please. I am literally in pins and needles. I feel i have lost everything I have so hard worked for and its gone in a minute. I am scared that they will come and take me.

[Wanderer]

Also make sure any medical treatment is paid for privately, doesn't seem you are entitled to free use of the NHS with no valid leave...