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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?
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.
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.
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.
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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.