First Tribunal Appeal Decision

[JehangirAbhatti]

Hi Admin and other users;

I am looking for some help as my case with home office is not going to any improvment level. It seems like i am going around circles.

Here is my details;

Arrived : 02/2012
Visa: Tier 4 PBS
Married to british citizen 06/2013
Overstayed and detained 11/2013
Bailed on Article 8 humanrights conditions family and private life 11/2013
Started reporting homeoffice everymonth 12/2013
Received letter from homeoffice to report change of circumstances 11/2018
Sent paper work informating current situation as its same.
Received letter from home office 02/2019 that bail has been extended and same conditions as it was 5 years before, no work allowed, liable to remove, report everymonth.


I was waiting for residence card and was quite positive about my case after 5 years.
By them extendend my bail shows that their is no sign of improvments of my case and i need to get professional advice on this to get my legal status back.

I am also going to get legal advice from local solicitor, but with that i have decided to use this platform to get some professional advice.

Anyone who has passsed from similar situation, please try sharing your experience as this will help me take my case further.

I am still reporting every month in reporting center and quite confused and worried about my case this time.

Thanks in advance for reading and help.

Jehangir.

[physicskate]

In order to have legal stay, an application for a visa must be submitted. Being bailed is not equivalent to being given a visa. It is unclear to me what your last application was and when you applied for it. When did your last leave expire?

It looks to me that the best route may be to apply for entry clearance (from your home country) as the spouse of a British citizen. But have you worked/ broken any immigration rules/ bail conditions in the last 5 years?

[JehangirAbhatti]

Last application file was judicial review against my removal notice on the basis of private and family life 5 years ago as i was given removal notice at the time of detention.

In the last 5 years i am reporting every month and havnt broken any bail condition.

[physicskate]

Last application file was judicial review against my removal notice on the basis of private and family life 5 years ago as i was given removal notice at the time of detention.

In the last 5 years i am reporting every month and havnt broken any bail condition.

That's great that you've been reporting - but you haven't filed an application for an actual visa - just appealed against deportation.

You need to file an application for a visa if your stay is to ever be regularised.

It would be most likely for you to have a successful application if you return voluntarily to your home country and apply for entry clearance as a spouse.

[JehangirAbhatti]

What will be the right route for my application.

Will flr(fp) is the best option or any other application i should file.

[JehangirAbhatti]

Also I dont meet the criteria of spouse entry clearence as their are requirements of specific earnings i.e . 18600.

[JehangirAbhatti]

Hi,
I received change of circumstances letter last year from home office (after 5 years of my case) since I was detained being overstayer.
I requested further leave to remain under my family and private life as i am married with british partner.
Last week i received this letter that they have dont have enough evidence of us cohibiting and they want proof in two weeks time.

I have read in this forum somewhere that for cohibiting you need to provide 6 joint letters or 12 individuals of same address.

Now the thing is, because i have received this letter after 6 years we have been living together and we have three address since then.

Which cohibiting address i should provide according to rules.

The one when we started living together after marriage (stayed there for few month, shared accomodation) hardly got any letter to prove other than GP letter.

OR

The address we lived afterwards (shared accomodation, lived there one and a half years). Hardly got any letter other than council tax bill and GP letter.

OR
Third address (where we living now and its NOT shared accomodation and have everything on our names)

I would appriciate anyones help as i have only few days to reply back that letter.

Thanks
J

[physicskate]

Hi,
I received change of circumstances letter last year from home office (after 5 years of my case) since I was detained being overstayer.
I requested further leave to remain under my family and private life as i am married with british partner.
Last week i received this letter that they have dont have enough evidence of us cohibiting and they want proof in two weeks time.

I have read in this forum somewhere that for cohibiting you need to provide 6 joint letters or 12 individuals of same address.

Now the thing is, because i have received this letter after 6 years we have been living together and we have three address since then.

Which cohibiting address i should provide according to rules.

The one when we started living together after marriage (stayed there for few month, shared accomodation) hardly got any letter to prove other than GP letter.

OR

The address we lived afterwards (shared accomodation, lived there one and a half years). Hardly got any letter other than council tax bill and GP letter.

OR
Third address (where we living now and its NOT shared accomodation and have everything on our names)

I would appriciate anyones help as i have only few days to reply back that letter.

Thanks
J

I personally, would send all of the evidence that you have if they have not specified a specific time period of co-habitation.

[JehangirAbhatti]

First thing came in my mind was same, to send evrything i could. Thanks PK.

[JehangirAbhatti]

Hi,

Can we repeat letter from same utility provider/government authority twice or all 6 of them has to be from different providers.

[physicskate]

Hi,

Can we repeat letter from same utility provider/government authority twice or all 6 of them has to be from different providers.

From at least 3 different sources.

[JehangirAbhatti]

Thanks.

[JehangirAbhatti]

As soon as deadline is approaching, which is 11 nov, 2019. There are lot more questions popping in my brain.

1. Does co-habiting covers our financial information?
2. Do we have to provide them our financial position and supporting documents i.e Bank statement, wageslip?
3. Letter only states that insufficent evidence of cohabiting but it dosent states which documents other than utility letters.
4. I am sending our pictures, invitation cards, watsapp messages and other communication details. Will it be any good?
5. There has been change in our financial position since we have last communicated with Home Office. Do i need to inform them current financial position?
6. Do they normally write everytime incase of any missing information or just once they let applicant know what is missing?

Thanks

[JehangirAbhatti]

06/12/2019 Decision letter received:

Refused under several different sections. Mainly do not meet the requirements of family and private life under 10 year route.

Got right of appeal within 14 days following Removal from the country if not successfull.

[JehangirAbhatti]

Lodged appeal on 17-12-2019
confirmation of application recieved 24-12-2019
Substantive appeal hearing date 21-02-2020

[JehangirAbhatti]

Request sent to adjourn appeal for further date due to medical issues.
Request accepted and recieved new date.
21 april 2020 new hearing date.

[JehangirAbhatti]

April 21st has been adjourned due to covid-19. New hearing date will be issued once everything will be back to normal.

[JehangirAbhatti]

Hi everyone,

Status of my previous post is closed so I have decided to create new post. Here is the link of my old post

immigration-for-family-members/insufice ... l#p1749859

I have attended my court hearing on 1st of Feb and received court decision on 10th of Feb.

Judge has given his decision in my favour and ordered Home Office to give further leave to remain because I have private family life in UK and my partner has insurmountable obstacles if she moves outside UK.

Also 6 years delay from home office turned out to be in my favour and judge said that I have strengthened my roots during this time in UK.

Here’s my questions

1. What sort of VISA I am going to get?
2. At the moment we do not meet financial requirements for spouse visa.
3. We are living together since 2013, will they count this period if they will decide to put me on 10 year route?
4. How long normally it takes Home Office to reply after court decision.
5. What are the chances of me getting Indefinite leave to remain.
6. Before my court hearing, home office sent us letter to provide four passport size pictures. What does that mean?
7. I have not put any application before my court hearing.

Thank you for your time.

Much appreciated!

[Tiger77]

1. It’s likely they will give you spouse visa
2. They will put you on 10 year route and you can switch to 5 year route once you meet financial requirements
3. I think the time starts from grant date of visa . Other people can confirm this
4. You will get ILR even if you meet all the spouse visa requirements, either 5 or 10 year route . If you get it through 5 year route you will struggle to get British citizenship until at least 2031

[Annie23]

Hi
Did the case worker return your passport before hearing please ?

[JehangirAbhatti]

NO. Not yet.

[Annie23]

Thank you. Do you think I should call the home office to find out why? I am quite worried though.

[JehangirAbhatti]

I don’t have any contact information of my caseworker.

[Annie23]

I think I will to have to wait a bit more before contacting the Home Office.

[JehangirAbhatti]

My solicitor haven’t received anything from home office since court decision. Do you have similar case.