Thread: UK Immigration Indefinate leave probs

The 10 year thing is if you overstay you are barred from entering the UK for 10 years, no need to worry about that. I'm guessing your mates misses was granted a spouse visa which is for 2 1/2 years but you can't apply for ILR till after 2 years hence spouse visas are now for 2 1/2 years as opposed to 2 years. Normally the process is straightforward and easy once they are in the country and just a few simple forms you can do yourself as you well know so my guess would be his agent has screwed him over.

Not sure why this has gone to appeal.

It should have been a straight forward process.

When they do have their moment in court they will have to outline all the facts to the Home Office immigration judge.

One course of action worth considering is Article 8-the right to family life.

They'll have to start doing some research themselves as agents and solicitors are only in it for the money.

All the best.

Originally Posted by nigelandjan

OK the salient facts

My mate legally married his Thai wife in BKK

She was granted a 2 year visa to live in the UK based on they're legal marriage etc

Not quite sure about this bit , but he seems to think she had 2 and a half years stamp in the UK .

Anyway they came over , he has his own house , works his arse off , never unemployed earns around the £35k mark

For her part since she has been here , she has done one full time carer job plus 2 other part time jobs ,, neither has ever claimed any benefits .

Now then 14 months ago they began the process of trying to obtain her indefinite leave to remain , her doing her 3 ESOL courses etc + everything else .

I say 14 months ago because this nonsense is STILL going on and despite using solicitors + agency,s ( which I advised against ) they have now been refused .

She is effectively I guess now 14 months overstayed .

They have now just been told , you can have ONE appeal against this decision and IF that appeal fails you will not be able to apply again until 10 years time !!!

Needless to say the poor buggers are distraught , for my part I feel disgusted to be English , you could not meet a couple who have jumped through more hoops and paid so much just to be allowed to live together as man and wife .

I don't know if anyone has any experience of this not being able to re apply for 10 years ?

Does anyone know what will happen IF this next appeal is rejected ?

UK authorities are doing their best to cater to the prejudices of xenophobic, racist BNP/UKIP voters like yourself.

And when they do, you still complain???
Is it all the "PC nutters" fault again?

What was the reason given for refusal?

It seems that whenever dealing with immigration, in any country, terminology is not clear. Is this to keep laypersons from understanding and they are then forced to seek legal council?

Why are immigration regulations so fvcking obtuse and unclear?

Originally Posted by stroller

UK authorities are doing their best to cater to the prejudices of xenophobic, racist BNP/UKIP voters like yourself.

Your ill informed at best ,, voted Labour all my life as I am working class just for your info

BTW thanks for your fuck all contribution

Originally Posted by Neverna

What was the reason given for refusal?

The reason was she failed the interview on the fact she could not remember the address in London where she took the poxy ESOL course

BTW this was 14 months ago + the fact they had the poxy papers in front of them with the college address etc on them , not as if they couldn't see she had attended the course.

To me this stinks , mabe is a futile excuse but I suppose some will give up at this stage and go home .

I,m guessing the appeal is gonna cost more money ? and then I don't know if you get a re submission fee ?

The rules and the forms here seem to change on a daily basis now UK immigration seem to have been instructed to do all they can to keep out the tiny minority of non EU,s they can , compared to all and sundry who are swanning in from an extended Europe with they're families ,,,, thats where the real problem lies .

Nige, I hate dealing with government agencies and immigration is one of the worst. Does this individual know anyone working for immigration that can help? Maybe an appointment to speak with an immigration officer to explain the process better would help.

Originally Posted by nigelandjan

Originally Posted by Neverna

What was the reason given for refusal?

The reason was she failed the interview on the fact she could not remember the address in London where she took the poxy ESOL course

BTW this was 14 months ago + the fact they had the poxy papers in front of them with the college address etc on them , not as if they couldn't see she had attended the course.

Do you know what the official wording was, Nigel?

From what you've written it sounds like they were not satisfied that she attended the course that the document described and/or they thought the document was false. Did she get the document herself from the ESOL course providers or was it provided by the agency?

Nigel, your rehearsal of the facts is insufficient to offer any meaningful advice.

Did your friend's wife arrive before 9th Jul 2012?

The Immigration Rules change periodically and the residence requirement qualifying for ILR has changed too. These are always published in advance and are well documented although to a lay person they may seem daunting. A qualified OISC advisor is not a waste of time at all and for some it is imperative they are instructed. To cast all legal reps in the same light because of a few bad experiences is just silly.

Ordinarily, if an applicant fails to provide sufficient evidence of their English proficiency and/or LITUK pass their ILR will be refused but a further period of residence is granted to permit time for qualification.

Nige at a last resort couldnt she go down the political asylum route ?
With the Dear Leader being a nut job and with restrictions on free speach it shouldn't be too hard to prove.

Good idea BD, but I would think one would have to prove some sort of threat or everyone would be using that reason. Far too many others in the world in much more danger that would probably be refused.

Good point Rick but worth considering as a last resort.

Tell them to go and see their Local MP.

You and your Member of Parliament (MP) - information about MPs, how they may help you, and how to contact them | UK Political Info

Originally Posted by bankao dreamer

Nige at a last resort couldnt she go down the political asylum route ?

That won't work here mate , trouble is with a non EU subject your out on a limb in the UK .

Same as human rights etc ,, they will tell you it don't apply because non EU

Right to a family life ? well thats a good one but my guess is its gonna be met with the same answer non EU

You make a good point Nervana , I will have to check that out with him .

Poor bugger he is absolutely distraught , he has worked so hard on this and has forked out an absolute fortune on legal fees .

The really annoying thing is we know of another couple near to us , her husband paid an absolute pile of money to some legal team , she has just been granted her ILTR and has imported her son over here and is now in a local school

BTW she has done NONE of the ESOL ! God knows how they have done it , but somehow with the money they have short circuited the system

The English Language requirement is a mess in the way it has been administered and establishments in the UK providing tests have been identified as nothing more than crooks in some instances.

However, it is unlikely any spouse who arrived legally and made in time applications within the rules would be removed as a consequence of failure to provide evidence of English proficiency.

Ranting about EU migrants is unhelpful since in all EU countries spouses face the same hurdles in seeking settlement in their husband's/wife's home country.

Sounds as if your friend has made a terrible balls up or his solicitors have.

Yes Bola that was part of the plan I was gonna use , but they chose to go down the pay the solicitor to do it for them route unfortunately.

First thing I did was over egg the cake for my missus when I went through all this bollox and it done the trick first time every time we went for each visa or extension

Gent I will have to check our her entry date ,, think its close to

The wife and i had an appeal at the Home Office trying to change a visitor visa to settlement nearly 10 years ago. She was on overstay or deemed leave for nearly three years because of the backlog in cases. Eventually our case was heard by the immigration judge and the Home office lawyer. I represented myself which was not hard as i did naff all in court apart from put my our side of the story across(another time).
To cut a long story short it all worked out ok in the end, they can be reasonable people.
I can not envisage any major problems because of forgetting an address, in fact for the case to go to appeal is a waste of tax payers money and the person responsible should be reprimanded or sacked(can not see that happening, those civil servants are gold plated).

Right just got in from work ,, spoke to my mate who has been in London all day with his missus and his solicitor .

The solicitor has trawled through the whole saga from the Home office ,, and low and behold after he has been in contact with them about some item or other he spotted , the Home office have cocked up and got it wrong !

On the downside they still have to appeal costing over £1600 !

Also that has been set for a hearing in the middle of September

On the upside she had been told no way will she be deported

Surely if home office has cocked up,they have to make amends.

Originally Posted by Horatio Hornblower

Surely if home office has cocked up,they have to make amends.

Good one!

^ Don't hold your breath, you could take them to court if you could be bothered out of principal.

The couple can celebrate tonight