Dusya wrote:Hi! We have been following the forum for a year now but never wrote anything, but today we really need somebody’s advice.
I am from Kazakhstan and I have been living in the UK for the past 9 years. At first I was staying here on various student visas, then I got Limited Leave to Remain as an extension to the previous student visa. Then I have got married to an EEA national in Kazakhstan and got Family Permit of an EEA national once came back to the UK. After 1 year of marriage we have separated and got a divorce due to domestic violence, drug abuse and cheating from my husband’s side. He destroyed my passport (cut out the page with valid visa in it) and it took me nearly a year to get a new passport and to prepare the documents for the Home Office with the help of the solicitors.
During that year I have met my current partner and we fell in love. He is also an EEA national who is exercising his EU treaty rights here as a migrant worker. We went into serious relationship and up until today we have been living together for two and a half years.
So 1 year ago I have sent my documents to the UK Border Agency with the application for Discretionary Leave to Remain (under article 8 of the Human Rights). In the supportive letter I have explained that UK became my home country during the past 9 years, that I have a partner with whom I have all the intentions to get married and have a family in the UK, that I am a Godmother of a British child with whom I am in a very close relationship and I would like to stay in the life of that little girl, and basically all my life is here in the UK. And if I would have to return back to Kazakhstan it would be a disaster for me because I have nothing waiting for me there, my mother passed away 4 years ago, my father remarried and we do not keep very much in touch because of that.
After waiting 1 year for the response of the Home Office and contacting my local MP twice I have received their response yesterday. My solicitors have contacted me saying that my application has been refused with no right to appeal.
They have sent the documents back to me yesterday so I am still waiting to see the refusal letter and what was the reason for the refusal. I am also not aware yet how much time they gave me to leave the country or proceed with another application, but as far as I know usually they give about 28 days.
I am asking for your advice on what I should do next. I must come up with a new plan very fast while I have legal permission to remain in the country (probably 28 days).
We think we have 3 options now:
Option A: Reconsideration Letter. Since the Home Office has refused the visa with no right to appeal we think that we still have a right to send a Reconsideration Letter. In the letter we would explain why we think we should not have been refused. Do you think it would be a good idea to go down this route?
Option B: EEA Family Permit. My partner and I have been living together for the past two and a half years and we can prove that our relationship is genuine. My partner is an EEA national who has been exercising his EU treaty rights in the UK for the past 5 years as a migrant worker. Since he is an EEA national he does not require to reach the £18,600 threshold to bring his family to the UK. The question is: can an unmarried partner of an EEA national apply for such visa?
Option C: Get married. My partner and I have all the intentions to get married as soon as we can (up until now I did not have my passport at hand to do so). Do you think we can do that while I do not really have a valid visa to stay in the country and my application has just been refused with no right to appeal? So can we get married during these 28 days and then quickly apply for the EEA Family Permit as a wife of the European citizen? Will Registration Office or Church of England consider marrying us?
Could you please advise what option would be the best and what we should do next.
Leaving the country and separate with my partner is not an option for me as we might end up being separated for a very long time. If you think I have other options then please let me know what they are.
Since I do not have much time to come up with a new plan I would very much appreciate your quick response. We are ready to fight for our right to be together no matter what it takes. Thank you in advance for your help.
Privet bratello!!!
Ti po-russki govorish?!
Gonna revert back to English now (sorry everyone, couldn't resist couple of words in my native lingo with a fellow russian-speaker) lol.
Joke aside, welcome to the forum babe! Sorry about the lovely situation that's brought you here though
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To be honest, without knowing what's in the refusal letter its hard to suggest anything really... It could be simply the case of sending them reconsideration letter! I'm sure you ve got a very strong case here .
Have you sent HO your divorce cert along with your paperwork?
If not that might be part of the problem babe..Also have you made HO aware of a history of domestic violence you suffered from your ex?
Hopefully you receive your docs from solicitor tomorrow, so you ll be able to draw up your plan of action then.