Post
by mj8 » Tue Sep 17, 2013 3:11 pm
[quote="mj8"][quote]
Hello every1, congrats to all those who have received good news and more strength to those who haven't and those who are still waiting. So i need your help on my next course of action, got a refusal letter today. HO says despite the fact that I'm married to a British citizen & been in the UK for 11 yrs, they don't believe I have no ties to my home country & my wife and I can continue our r/ship over there, even though all her family is here. We have no kids so couldn't use that route. They also said since I'm an overstayer, @ the time of marriage, all parties were aware that right to live here wasn't guaranteed. They said while they accept the marriage is genuine and subsisting, I haven't produced any evidence of insurmountable obstacles to continuing family life outside of the UK. Then all the usual stuff about no right to appeal and enforcement team etc. So I need to know what I can do. My solicitor says we should send a "letter of action", which would take 3 months for them to reply, to buy time bcos new minor changes are coming through in October and we may be able to do something depending on what those changes are. She also says I shouldn't contact the enforcement team. So what do u guys think? What constitutes "insurmountable obstacles"? Has any1 tried this letter of action option before? And what do I do about the enforcement team?
Applied Flro aug 2012
Biometrics in feb 2013
Decision sept 2013
Many thanks[/quote]
Hi guys, I'm quoting my earlier post just to give some background cos I need some info before I see my solicitor tomorrow. So I've been doing some research on article 8 & family life rules and it looks like my best chance is for HO to overturn their decision if I can provide evidence that its unreasonable for them to expect my wife to return to home country. She left there at 8yrs and hasn't been back there and has no family there either. We have a couple of angles to argue, I suspect they will fall under what HO refer to as hardships and not exceptional circumstances but its worth a try. Here are my questions
(1) does any1 have experience with HO overturning the decision if provided with evidence of unreasonableness
(2) if I decide to go to home country, can I re-apply to come back immediately
(3) my solicitor advises against reporting to enforcement team but I need to know the pros and cons of doing so
Many thanks