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#31 Victoria

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Posted 12 June 2013 - 11:29 AM

What I mean is that I have made several applications the same as yours, based on EX, where there is joint responsibility of a British child, where one parent is British and the other is not...and they have ALL been refused. Looking on other forums, this is happening as a matter of course. EX is being disregarded, and they are trying to apply the partner or the sole responsibility rules. I don't think your rep (who is probably an OISC advisor, as I am) has done anything wrong here.

Oh, whoever wrote on this 'other' forum is wrong about responsibility.

"Your wife has full parental responsibility as the unmarried mother of the British Child, because you are unmarried, except she has allowed you to get some parental rights."

This is not true. Under UK law, you have joint parental responsibility. Stick to listening to your representative.



#32 lovelife324

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Posted 12 June 2013 - 12:11 PM

What I mean is that I have made several applications the same as yours, based on EX, where there is joint responsibility of a British child, where one parent is British and the other is not...and they have ALL been refused. Looking on other forums, this is happening as a matter of course. EX is being disregarded, and they are trying to apply the partner or the sole responsibility rules. I don't think your rep (who is probably an OISC advisor, as I am) has done anything wrong here.

Oh, whoever wrote on this 'other' forum is wrong about responsibility.

"Your wife has full parental responsibility as the unmarried mother of the British Child, because you are unmarried, except she has allowed you to get some parental rights."

This is not true. Under UK law, you have joint parental responsibility. Stick to listening to your representative.

As usual you are right on the refusal it said

We have carefully considerd weather EX.1 applies to your application, however whilst we aknowlage that you have a genuine and subsisting parental relationship with a child your application falls for refusal under the eligibility requirements of the immigration rules as set out earlier. These are mandatory requirements which apply to all applicants regardless of weather the EX.1 criteria are met . As you have failed to meet those eligibility requirements, you cannot benifit from the criteria set out at EX.1.

So in 4 months when we meet the UKBA'S definition of partner does that mean we can apply again and this time we would be succsessful? (i have a feeling they would just find something else to refuse on).

#33 Victoria

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Posted 12 June 2013 - 12:38 PM

"your application falls for refusal under the eligibility requirements of the immigration rules as set out earlier."

"These are mandatory requirements which apply to all applicants regardless of weather the EX.1 criteria are met"

This is the bit that is simply untrue. And no, I don't think a new application would necessarily be successful. Then they would probably refuse because you have no leave.

#34 lovelife324

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Posted 12 June 2013 - 01:08 PM

"your application falls for refusal under the eligibility requirements of the immigration rules as set out earlier."

"These are mandatory requirements which apply to all applicants regardless of weather the EX.1 criteria are met"

This is the bit that is simply untrue. And no, I don't think a new application would necessarily be successful. Then they would probably refuse because you have no leave.

I know you well enough by now Victoria you will leave me hanging now but i will ask anyway why is it simply not true? i dont understand.

#35 Victoria

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Posted 12 June 2013 - 01:25 PM

You have a solicitor. If he is unable to explain this stuff to you, change solicitors. How can you expect me to spend time on painstakingly explaining details of your application to you, when you are paying someone else to do that?

#36 Prince74

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Posted 12 June 2013 - 01:47 PM

Lovelife324, why don't you make things easier for yourself by simply googling the Appendix FM of the immigration rule post-July 2012 and then look under the section headed: "ELIGIBILITY".

We shouldn't expect other people to do basic research for us and simply hand the info over to us.

In my view, a new application in future is pointless and you must vigorously fight the HO's refusal of the current application. The HO caseworker's are ignoring the rule on EX.1 and my guess why they are doing this is because access to legal aid has been severely restricted and those who can not pay privately to a solicitor are left in limbo.

#37 lovelife324

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Posted 14 June 2013 - 05:55 AM

What I mean is that I have made several applications the same as yours, based on EX, where there is joint responsibility of a British child, where one parent is British and the other is not...and they have ALL been refused. Looking on other forums, this is happening as a matter of course. EX is being disregarded, and they are trying to apply the partner or the sole responsibility rules. I don't think your rep (who is probably an OISC advisor, as I am) has done anything wrong here.

Oh, whoever wrote on this 'other' forum is wrong about responsibility.

"Your wife has full parental responsibility as the unmarried mother of the British Child, because you are unmarried, except she has allowed you to get some parental rights."

This is not true. Under UK law, you have joint parental responsibility. Stick to listening to your representative.


Victoria out of the several applications you have made similar to mine have you succesfully appealed against any or had the desicions reversed on any of them?, the advisor working on our case has just sent the UKBA a letter before claim.

#38 Victoria

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Posted 14 June 2013 - 06:20 AM

I'm awaiting appeal on a couple. The others are proceeding with JR. The UKBA have disregarded reconsideration requests.

#39 lovelife324

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Posted 20 June 2013 - 12:42 PM

I notice that on the letter before claim it states at the end that

We contend that the Secretary of State should make a new decision addressing the
issues raised

Do they ever change there mind at this stage or is it just wishful thinking?

Edited by lovelife324, 20 June 2013 - 12:42 PM.


#40 lovelife324

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Posted 16 July 2013 - 04:55 PM

Just spoke to the scoliciter today and they told me the barrister said the case JR does not have enough merit for public funding(which we never assumed we always had the intention of funding it ourselves, the scoliciter said he  is happy to go ahead and prepare for JR if thats what we want)  and the scoliciter said if we decided to pay ourselves there is no garantuee of success(which we already new as nothing in life is garunteed).

 

They made alternative suggestions like get married then put a new application in now we dont know what to do i really want to fight this point now as if we got married then put another application in they would just find another excuse to refuse i really dont know what to do?.






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