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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My wife has been notified today that her application for Leave

Resolved Question:

My wife has been notified today that her application for Leave To remain in the UK,has been refused.
There is no right of appeal.
What can we do?
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
What are the reasons for refusal?
Kind regards
Customer: replied 2 years ago.

I have sent email with attachments,as reply to just answer.

Could you please confirm that you have received them.

Customer: replied 2 years ago.
UK Lawer

Sorry about the delay in responding,I have returned from having,visited my mother in hospital (Serious)

We applied for my wife to have leave to remain on form,FLRClock(O) Under section Special Purpose.

The home office said that are case came under Civil Rights,and we should make another application on form FLR(FP).

After this letter from the Home Office ,I telephoned the Home Office to ask about all the the documents we had sent in with my wifes application,

and the Home Office said they had been forwarded to the new department dealing with our application.

It seems as though they have either,not read the documents concerning my mothers health and care needs.

Or they have shown a total disregard to the facts,and appear to be treating my wife of 8 + years as an asylum seeker.

My wife is 55+,I am 69+,and my mother is 92+,to say say there is no harsh consequences to me or my husband,when my choice is as follows:

Either my husband and I spend our future living apart.

Or my husband lives with me,and has his mother put into a care home,a phobia of my mother in law,supported by my mother-laws Doctor.

If you need any more information don’t hesitate in contacting me.


Kind Regards


Bill
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your detailed reply, I have now read the refusal letters and am able to respond. I apologise for the delay in reverting back to you.
It seems that the home office have not understood the situation as well as you would have liked, they have it seems, focused too much on the fact that your wife wants to be a carer and not the consequences of you having to relocate to Jordan and the on the effects it would have on your mother.
It also seems that you did not provide sufficient evidence to support the assertions made by you in the application and the home office didnt put any weight on your arguments.
The fact that your case is complicated and it seems that keeping this in mind, I would recommend that you can do the following:
1. You can write back to the home office asking them to reconsider their decision and forward any additional evidence in respect of your mothers current condition. You may also wish to submit medical evidence, evidence from social services confirming that she does need 24/h care and that she needs to to be with her to care for her as there is no one else that can and that you are unable to afford it financially.
Ideally you should have not focused too much on the basis that your wife is a carer and she will be here in the Uk with you to care for your mother because this is a totally different category and not one which I believe you were intending to be granted permission to stay under. Therefore you need to be clear with the home office that the main reason for the application is for her to remain in the UK with you as you are bound to the UK due to the fact you cannot reside in Jordan and also because of your bother.
In the letter I would also recommend that you ask the home office to grant your wife a right of appeal and you believe your circumstances are compassionate and exceptional.
2. You apply for judicial review, this is where you ask a judge to consider the decision of the home office. The solicitor write to the home office stating the reasons why they feel the decision should be reconsidered , if the home office do not reconsider their decision then you apply for a judge in the high court to see if the decision should be reconsidered and if the home office made the correct decision and considered all the facts.
This is a secondary option if no write of appeal is given, however, this is very expensive and you are unable to get the decision of the home office judicially reviewed without the assistance of a solicitor.
3. Your other option would be to submit a new application but this time submitting all the evidence backing up what I have stated above and then asking the home office to again consider all the evidence and confirm that it seems that they have focused too much on the carers issues and not enough on the fact that whole application is based on the fact that you are unable to travel or relocate to Jordan and the current health condition of your mother.
I would recommend that you consult a solicitor to assist you.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer and other Law Specialists are ready to help you
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so kindly provide a rating so I can get credited for my time.
Kind regards