Judicial review for spouse visa refusal

[TM_kmany]

Please I am looking for your advise as I really don't know how to progress again with the home office as my application has now been going on with them for a while.

I applied for extension of leave as a married partner of someone settled in the UK last year. Before my application, I had a valid visa and I have never been illegal during all my stay in the UK. I received a refusal letter in March 2013 after over 8 months of the home office holding on to my application. I have been in the UK for 4 years now and married in Jan 2012.

I currently work and i earn over £25,000 annually , and living with my partner but with no kids yet. my application was refused solely for the reason that as at the time of my application, my partner who is settled in the UK was not 18 years. After i was refused, I made an in-time appeal through a solicitor and after few weeks my solicitor advised me that I can make a fresh application since my wife in now over 18yrs and I now meet the full criteria. Before the second application was made, I only had an in-time appeal that gave me leave to remain and work Under Section C, but my solicitor advised me that I can make a fresh application the same day and withdraw my appeal.

I followed my solicitor advise and made a fresh application for leave to remain as a married couple and i withdrew my previous appeal. My second application was again refused to my utmost surprise as they claim that since i withdrew my appeal i no longer have right to remain in UK and have to leave the country. My solicitor said they were wrong and because I wasn't given a right of appeal, a Pre-action protocol letter was sent for Judicial review.

14 days past and no response, Then my solicitors lodged a JR with the Court. Now UKBA has refused to fill AOS and they keep requesting for 21 days . They have requested for further extension of time asking for 21 days and this is the 4th request for extension , so basically they have taken 4 X 21 days and still delaying to file AOS. The court in return just keeps granting them the extension.

Please how do I proceed, as I am thinking of changing solicitors as the current one is of no good and their advise partly landed me in this mess. Can I change solicitors now at this stage already into the JR . Also what can I possible do, to help my current situation

[Obie]

This solicitor seems to have messed you up big time.

Under no circumstance should you have withdrawn your appeal, because on the day of the hearing, your wife would have been 18 and by operation of Section 85(4), the judge would have been entitled to address you application as it appears on the day of the hearing. You also had section 3D rights. But having withdrawn you application section 3D elapsed, and they UKBA are required to treat you as an overstayer applying.

It is a slightly complicated situation now, as they will not give you a right of appeal.

How on earth a Solicitor can advise this is clearly beyond my understanding.

[TM_kmany]

Yes exactly the solicitor just made my case worse and am just frustrated cause I strongly believe if the appeal had continued, by now the case will be long over and completed.

Please what do you suggest I do at this point the UKBA has refused to file AOS and every time the treasury solicitors keep asking me for 21days. they have now have 4 X 21 days.

Also do you think I should change solicitors at this stage, the whole thing is putting me and my wife under immense stress.

Please what other option have I got , is there any other application that I can make now

[Obie]

Stick with the JR, but this time, stick with someone that knows what they are doing.

There seem to be a backlog in UKBA responce to JR by means of an Acknowledgement of service.

Hopefully you will hear from them soon. But having withdrawn your appeal, your position seems pretty weak.

You are essentially at the mercy of UKBA and the court, if the judge is of the view that you have been a victim of poor legal advice, which seems to be the case, UKBA may be asked to reconsider your case in regards to the overstaying aspect.

[TM_kmany]

Thanks Obie for you feedback.

I will wait for the 4th 21 days extension to be over which will be end of this month. IF i still don't hear from the court and UBKA don't file AOS , i will probably change solicitor. I just don't want the change of solicitor to drag or delay my case any further. Also I have spent over £3,000 already and Its really difficult for me to change solicitor now and start paying fees again. I am also considering handling the case myself for the time , but just dont know if thats a good idea.

Also do you have a good firm that you can recommend , with consideration to complex situation of my case