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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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i need information about my immigration matter

Resolved Question:

i need information about my immigration matter
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks.

What is your question please?

What is your immigration enquiry?

Kind regards,

Tom
Customer: replied 2 years ago.

Hi my question is my brother in law came to the UK march 2013 on a visit visa. while he was here he met someone and after a few months. after a few months on being together they moved in together. his partner has 3 children from her previous marriage. I have attached the documents for you to read. Once you have been through them will you please advice on what i should do next as the solicitor i have is not very helpful at the moment. I feel as if he is wasting our time. I look forward to hearing from you soon. if u need any more information please ask.


 


Kind regards.


 


Sara

Expert:  Thomas replied 2 years ago.
Hi

There are no documents attached, but I can only give general answers rather than specific advice.

What happened after his visitor's visa expired?

Kind regards,

Tom
Customer: replied 2 years ago.

here are the attachments.

Customer: replied 2 years ago.

we applied for a spouse visa as advised by our solicitor but it got refused. they made a point that his partner didn't earn enough and how would he get a job here. and why his partner cant got n live in Pakistan with him. also that they haven't lived together for more than 2 years .


Hi.


I need best advice regarding my immigration matter my all detail are below.


1.i came united kingdom as a visitor on 4 march 2013 and i got 6 month valid visa from Pakistan to see my family brother sister in low and them children they are British citizen. I intended to go back with in four week . but I met with one women on my sister in law birth day on 13 april 2013. And she liked me and she asked my sister in law my mobile no and also I liked her as well. Infact we fallen in love with each other in start of our relationshiop. In start of this relation I had told everything about my status and my visitor visa but she said it doesn’t big matter as you are genuine and good person and I don’t want to lose you. I didn’t want to break the uk law as I had a visitor visa thatsway we went to a solicitor before I moved with her to regulise my visa and he advised me to apply for leav to remain from here is easy for you and I moved with her on 11 may 2013. Solicitor taken our statements before put the application to home office and he submitted my application to home office on 4th of july 2013 on the basis of relationship with my partner. My application had been refused on 17 sep 2013 . and they gaven me right of appeal.


Reasons for refusal letter.


You and your partner are not married and you have not lived together for at least two year prior to the date of your application. The definition of being partners is therefore not met under paragraph GEN.1.2. and thus you don’t meet the requirements of paragraph E-LTRP.1.2. for leave to remain as a partner under appendix FM of the immigration rules.


You are currently in the uk as a visitor. In order to qualify for further leav as partner under appendix fm you must not be in the uk as visitor,with valid leav granted for a period of 6 month or less.or on temporary admission or release. You therefore fail to fulfil E-LTRP.2.1 of appendix FM of the immigration Rules.


We have carefully considered whether EX.1 applies to your application, however your application falls for refusal under eligibility requirements of the immigration rules as set out above.


These are mandatory requirements which apply to all application regardless of whether the EX.1.criteria are met. As you have failed to meet those eligibility requirements, you cannot benefit from the criteria set out at EX.1.


DECISION UNDER PRIVATE LIFE


Consideration has been given to your claim that your removal would breach your right to respect for private and family life under article 8 of the EUROPEAN CONVENTION on human rights in that you enjoy private life in the united kingdom.


Your application to remain in the United Kingdom has been determined under rule 276ADE of the immigration rules.


The requiremnts of the rules state that the applicant at the date of application,


(iii) has lived continuously in the uk for at least 20 year(discounting any period of imprisonment) or


(iv) is under the age of 18 year and has lived continuously in the uk for at least 7 years(discounting any period of imprisonment) and it would not be unreasonable to expect the applicant to leave the uk or


(v)is aged 18 year or above and under 25 years and has spent at least half of his life living continuously in the uk or


(vi) is aged 18 year or above has lived continuously in the uk for less than 20 year but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the uk.


You entered the united kingdom in 2013 and have not lived continuously in the uk for at least 20 year therefore the sacretery of state is not satisfied that you can meet the requirements of rules 276ADE(iii)


At the time of your application you were aged 30.you were not under the age of 18 years or between the ages of 18 and 25.therefore the secretary of state is not satisfied thatyou can meet the requirments of rule 276ADE(iv)


It has also been considered whether your application raises or contains any exceptional circumstances which, consistent with the right to respect for private and family life contained in article 8 of European convention on human rights. Might warrant consideration by secretary of state of a grant of leave to remain in the United Kingdom outside the requirements of the immigration rules. It has been decided that it does not. Your application for leave to remain in the united kingdom is therefore refused.



 

Expert:  UKSolicitorJA replied 2 years ago.
Hello,

The refusal is correct I am afraid as it is in accordance with the immigration rules.

I would advise you that if you are in a genuine relationship with your partner, you could get married to her in Pakistan and then apply for a spouse settlement visa to live with her in the UK, provided that the spouse visa conditions are met e.g. Minimum income of £18,600, English language etc.

This is an online forum and not a law firm, so we can only provide guidance here, not representation.

May I help further?
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

i am in genuine relationship with her and living with her since 13 month and we have very good and nice relationship between us..i am living with her as partner and in our religion and in our culture in Pakistan we not allowed live with partner without married but i m living with her without married and some my family and relatives found about this and they are very upset with me and if i go back may be it risky for my life they can kill me, and secondly my partner does part time works becuase she have kids and she have to look after them she cannot do full time work. and she cannot leav them here and go pakistan for getting marriage. i am very confuse in this situation is any way in law that i can regulise my stay here and live with my partner in calm.


 


 

Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

yes i am OK to wait for you to find another professional to deal with me question.

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  UKSolicitorJA replied 2 years ago.
Hello again,

Unless you have evidence to show that your life will be in danger if you return back to Pakistan, I am afraid it will be difficult to regularise your stay here.

As you have already lost an appeal as well as the initial application.

If you have evidence that it would be a breach of your human rights to send you back to Pakistan as you could be in danger of being killed, I would suggest that you lodge a new application for further leave to remain. Your case is very complex as you know and I would suggest that you retain a good immigration solicitor to make the fresh application for you. This is an online forum and we do not provide representation.

Hope this helps.
Customer: replied 2 years ago.

hi,


if i go back may be i get in trouble from my family and relatives as i told you before but i cant provide any evidence for this if i put my new application. i just want to know your best advice for me if i put new application on which basis i should put new application is there any effect on my new application as i am living with my partner since 13 month but when first i put my application i was with her just for 2 month,hope you find very best advice for me then i can live with my love in peace..


 

Expert:  UKSolicitorJA replied 2 years ago.
Your case is stronger now then when you made your first application but you should show that your relation is against the cultural norms back home which is why you could be in danger if sent back.

I would think you may be entitled to discretionary leave to remain which you may apply for using form FLR (O), see here

http://www.sunrisesolicitors.co.uk/immigration-applications/discretionary-leave-to-remain

Hope this helps, please leave feedback
Customer: replied 2 years ago.

Hi.


Thanks for answers and I want to know when I put my application it was on relationship with my partner as we living together but if we get married here is there any effect on my case..or is that same as it was before I want your best advice in this regard.


Thanks

Expert:  UKSolicitorJA replied 2 years ago.
You should not get married simply for immigration purposes but marriage would make your case stronger.

Please leave feedback for the answers given.
Customer: replied 2 years ago.

Thank you for your ans.Yes of course I m in genuine relationship in start I said her we go back to pakistan and we get married and live there after married as I have my home and business and respected status in our cumminunities but her answers was in negative because of her kids and her mom she can't leav them on their own and they will never go with her to pakistan..but I lost mine everything for her because I love her to much..If I had not any feelings for her I could go back in time.because I had better life there.but now not she is my life and my love.if I have any question I will ask


Thanks again

Expert:  UKSolicitorJA replied 2 years ago.
Welcome and good luck

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