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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10585
Experience:  Barrister 17 years experience
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I have been in uk since Feb 2009.. Came here as student

Resolved Question:

Hi I have been in uk since Feb 2009.. Came here as student ..extended again as student .. Got in wrong end with one of the solicitors who took money n passport .. Kept lying to us that he has applied for leave to remain .. Gave us letter saying our application is in home office kept asking for more money .. When it was more than a year .. We tried to call home office n they told us nothing is there on my name ..it was too late as my visa was already expired ..passport was with that solicitor .. He was picking phone n was not giving passport back .. After long time he gave my passport back n meanwhile I got married to British girl .. N then we applied through another solicitor for leave to remain .. But it was rejected .. We appealed again in lower tribunal n it was refused again . I only have 14 days to appeal or leave country .. Please advice what can we done ??
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear Sanjay, can you provide more information please about why the application for leave was refused when you were married to a British girl. What were the grounds? On what grounds did you appeal to the lower tribunal? On what grounds were you refused in the lower tribunal?

Customer: replied 1 year ago.
I have attached whole determination for you go through the case . Waiting for your response thanks
Expert:  Buachaill replied 1 year ago.

2. Dear Sanjay, I have read the determination. On my reading of the case, you would have been better to have gone back to India and made an application from there based on you being the spouse of your Wife, Georgina Farrer. She earns GBP 24,000 per annum and this is over the income necessary to bring you into the country. So, you would have got into Britain if you had simply left and returned. As your category is that of an overstayer, you are perceived to have breached the immigration laws in the UK. So that was always going to prejudice your application under Article 8.

Expert:  Buachaill replied 1 year ago.

3. Once you are an overstayer and you have no children in the UK, your application was always going to get rejected. Article 8 is engaged when there is a family. Without children, the courts take a hard line and eject overstayers. Under EU law, if you had a child, you would have had an automatic right under the Zambrano decision to live and work in the UK to support that EU citizen child. Without there being a child, you were liable to deportation.

Expert:  Buachaill replied 1 year ago.

4. My own view is that another appeal would not be successful I regret to say. It is only liable to waste more legal costs. You would be better off take yourself outside the category of overstayer and instead apply in the usual way from India. Article 8 is not fully applicable to your situation when you don't have a child. So it is liable to failure.

Expert:  Buachaill replied 1 year ago.

5. Please Accept or Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 1 year ago.
from India I need to apply a fresh case or should I appeal from there ..
Expert:  Buachaill replied 1 year ago.

6. From India, you should make an application to come to the UK as spouse of your wife. There is no point in any appeal, especially from India. However, you and your wife fulfill the conditions to allow you as spouse to come to the UK. However, be aware that queries will be raised about you previously having overstayed in the UK.

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Customer: replied 1 year ago.
what do u advice should I wait for sometime n then apply or apply asap..