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

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alisam
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a

Post by alisam » Sat Apr 10, 2004 11:32 pm

a :o
Last edited by alisam on Wed Aug 11, 2004 10:06 pm, edited 1 time in total.

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Re: Marriage Visa (help please)

Post by tdabash » Sun Apr 11, 2004 12:40 am

Hi there,

Your case is still under consideration. There is no refusal. You have lost your passport and already told HO that you overstayed for two months. The caseworker is asking you to submit some information.

You may recall

- When did you get your visitor visa and where (Your MP can write to the British consulate in your country to get a proof)
- When did you arrive in the UK?
- The port of entry
- A copy of your old passport.

My worry is the unexpected refusal of your application for FLR as an overstayer. If this case you would have no grounds to appeal but it can be done exceptionally outside the rules.

I suggest that you give the information to your MP to submit it with a request to consider your case in view of your wife and your two children. In other words, keep attacking appropriately from now.

I do no advice you to communicate with HO directly but through your MP or your lawyer. I believe your MP is more effective.

Good luck

alisam
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Joined: Sat Apr 10, 2004 10:49 pm

a

Post by alisam » Mon Apr 12, 2004 9:17 pm

:o :o
Last edited by alisam on Wed Aug 11, 2004 10:11 pm, edited 1 time in total.

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Tue Apr 13, 2004 12:16 am

You are welcome

The time scale for HO to decide is sometimes unpredictable. Please refer to different cases in this board. The IMHOs are not lawyers but people who have had training in the immigration law followed by experience. In a slight problem such as yours, the case worker will not be able to take a decision. You can not derail the train. He/she has to consult the senior. In addition to this the back log is extensive.

I believe you are allowed to work as long as your application for FLR is still under consideration and you have a proof from HO.

I suggest you give the information needed to your MP to submit it with a request to consider your case in view of your wife and your two children. In other words, keep attacking appropriately from now.

Good luck

alisam
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Posts: 10
Joined: Sat Apr 10, 2004 10:49 pm

a

Post by alisam » Wed Apr 28, 2004 12:24 am

:o :o
Last edited by alisam on Wed Aug 11, 2004 10:12 pm, edited 1 time in total.

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Wed Apr 28, 2004 1:01 pm

Hello there,

It seems that your case started to have some consideration because the letter came to you from the ministerial correspondence team UKIS Regional HQ in Manchester.

Did this letter come to you after an intervention of your MP?

I think this might be the case

I would reassure you that you are in a strong position only with the support of your two children.

If the state takes a child from his drug abuser mother for adoption; would it deport a legal father for immigration issue that can be solved outside the rules? I doubt it.

Harming you is a crime in the child's right; especially this immigration issue is under the civil laws, not the criminal laws.

As I told you before, please keep involving your MP and please tell him that I got this letter despite the evidence provided and your request. They are ignoring your rights to ask the minister of these employees. Could you please write to them again?

I suggest you and your wife submit a sworn affidavit by both of you together with attested copies of birth certificate of your children (even if you submitted them before) through your MP, asking him to press harder on them.

The point that you would try to make here is that you are the legal father of 2 British children who unfortunately has an immigration issue but not a criminal. I am just wondering how these IOs think? Did these children come from the sky? I believe we are not in the time of The Holly Ghost

The point you would try to avoid is some IO who might suddenly decide to be unsatisfied.

The secretary of the state has to respond to your MP. You need to avoid the unexpected response from whatever; saying that the candidate did not respond satisfactorily or other invented reasons. There are a lot of them.

Therefore, your only route is your MP. If we would like to achieve a victory there should be no let ups.

Here is the suggested affidavit.
----------------------------------------------------------------------------------

Affidavit

I Mr …. And Mrs …….. hereby solemnly and sincerely confirm that we have been living together since ??/??/?? at …… address

We moved to …….. on ………. (If you changed your address)

We got married on ?? / ?? / ??
We are currently living at …….
We had our first child on …….. He/she a British Citizen
We had our 2nd child on …….. He/ she a British Citizen
We have never been dependant on public funds since we have been together (if applicable) OR We are able to maintain ourselves and our dependent children without resources to public funds (then explain how) Ms..... (my wife) is employed as ...... with a salary of .....per month and Mr.... (My husband) is employed (if applicable) / will be employed with a salary of .... per month.
We have no problem in accommodation.

………………… ----------
Mr ……….. Mrs ……………
Address Address
__________________________________________________________

You would both sign the affidavit befor a solicitor. It would not cost you much, just £5 to £7 for the affidavit Plus £5 to £7 for each copy of Birth certicicate. Any solicitor would do.

Good luck :)

alisam
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Joined: Sat Apr 10, 2004 10:49 pm

a

Post by alisam » Sat Jul 17, 2004 9:53 pm

:o :o
Last edited by alisam on Wed Aug 11, 2004 10:13 pm, edited 1 time in total.

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Sat Jul 17, 2004 10:08 pm

Hello there,

I am glad you have been sorted out. Congratulations

Please do not worry about the rest. Whatever time it takes, you are safe

Now you can contact the home office yourself with a signed for mail with a suggested letter as follows
___________________________________________________________
Dear Sirs,

You have written to our MP Mr... that I have been granted FLR. You have also stated that my documents will be received in due course, Please find enclosed a copy of your letter.

It has been now more than seven weeks and I have not received any document.

Could you please advise as what happened to my documents?

Yours truly
Mr.....

Cc Mr......................... MP
______________________________________________________

Please write to your MP as follows

Dear Mr........

We are really sorry to disturb you again.
We are very grateful to your great help and support in our case.

It has been more than seven weeks and the home office has never returned our documents.

We have directly written to the home office as we are aware of your precious time. Please find enclosed a copy of our correspondence

May we take this opportunity to thank you again.

Kind regards

Yours sincerely


Mr and Mrs..........
___________________________________________________________

Good luck for the future :)

alisam
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Joined: Sat Apr 10, 2004 10:49 pm

a

Post by alisam » Sat Jul 24, 2004 3:04 pm

h :o :o
Last edited by alisam on Wed Aug 11, 2004 10:14 pm, edited 1 time in total.

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Wed Jul 28, 2004 2:20 am

I am pleased to know that you have been sorted out.
In the future, you may not need your MP again but thanks to him.
This leave has transferred you from illegal to legal immigration status
In the letter you have received, the Paragraph you referred to may strongly invite Para 284
Where you will apply for further leave to remain for 2 years after which you will apply for ILR.
Once you get your ILR, you will apply for the British citizenship the following day because you would then qualify; if you are still married.
In other words, this leave has given you legal stay in the country for 2 years. You will then be able to apply for further 2 years on the basis of marriage. On or around 20.7.08 you will have your ILR (under para 287). 6-8 months later, you may have your British nationality.

I am not sure if Para 287 would allow you to apply for ILR around 20.7.2006 because your current leave will not satisfy Para 287 (ii). Even if you succeeded, you will still have to wait to complete 3years and 6 months until you are able to apply for British nationality.

Of course you may apply for further FLR under other category such as work permit
Good luck
:)

alisam
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Posts: 10
Joined: Sat Apr 10, 2004 10:49 pm

a

Post by alisam » Wed Jul 28, 2004 11:06 pm

:o :o
Last edited by alisam on Wed Aug 11, 2004 10:16 pm, edited 1 time in total.

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Tue Aug 03, 2004 8:53 pm

Hello there,
You may not qualify for ILR under Para 287 (ii). Your current leave was not granted on the basis of marriage. I do not think it is wise to send an application for ILR after the two years. Your application would probably be refused and you go to the immigration rules dilemma again.
You did not work in the country for 4 legal years.
You are not 65 who is dependent on a person who has an ILR
You are not a dependant child of a person who has ILR
You did not stay legally in the country for 10 years
You did not stay in the country for 14 years part of them illegal.
I am sorry I DO NOT SEE OTHER SIMPLE WAY FOR YOUR ILR AFTER TWO YEARS.
PLEASE THINK LAW
GOOD Luck :)

alisam
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Joined: Sat Apr 10, 2004 10:49 pm

a

Post by alisam » Wed Aug 11, 2004 10:07 pm

a :lol:

alisam
Newly Registered
Posts: 10
Joined: Sat Apr 10, 2004 10:49 pm

a

Post by alisam » Wed Aug 11, 2004 10:09 pm

a :o

alisam
Newly Registered
Posts: 10
Joined: Sat Apr 10, 2004 10:49 pm

a

Post by alisam » Wed Aug 11, 2004 10:10 pm

a :o

alisam
Newly Registered
Posts: 10
Joined: Sat Apr 10, 2004 10:49 pm

Post by alisam » Wed Aug 11, 2004 10:17 pm

tdabash wrote:Hello there,
You may not qualify for ILR under Para 287 (ii). Your current leave was not granted on the basis of marriage. I do not think it is wise to send an application for ILR after the two years. Your application would probably be refused and you go to the immigration rules dilemma again.
You did not work in the country for 4 legal years.
You are not 65 who is dependent on a person who has an ILR
You are not a dependant child of a person who has ILR
You did not stay legally in the country for 10 years
You did not stay in the country for 14 years part of them illegal.
I am sorry I DO NOT SEE OTHER SIMPLE WAY FOR YOUR ILR AFTER TWO YEARS.
PLEASE THINK LAW
GOOD Luck :)

    Chess
    Diamond Member
    Posts: 1855
    Joined: Fri Nov 07, 2003 1:01 am

    Post by Chess » Thu Aug 12, 2004 8:50 am

    Alisam,

    You deleting your postings is not good behaviour at all - it is diabolical and despeakable

    You benefited from the forum and many other members would have benefited from this - but unfortunately, you have been ill advised and deleted all your postings.

    This posting does not mean anything any more since you have deleted the crucial issues.

    To my knowledge no one on this forum works for IND or HO - we freely share our experiences for the benefit of others.

    Very bad move indeed :evil:
    Where there is a will there is a way.

    tvt
    Senior Member
    Posts: 526
    Joined: Mon Jul 15, 2002 2:01 am
    Location: London

    Post by tvt » Fri Aug 13, 2004 10:42 am

    What a cowardly behaviour!
    -----------------------------------
    <<<N. N. - G. N.>>>

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