Article 8 Visa Refusal - Request for Grounds of Appeal to the Immigration and Asylum Tribunal

[Kaykay]

Good day. I have an immigration issue that requires urgent assistance as I do not have money to use the services of professionals. I would be pleased for some assistance or quality ideas.

 

My Case Background

 

Eight years ago I came into the UK as a student. In the process I got married here four years ago having received Home Office approval. My partner is on discretionary leave and he is due to have his ILR in about 18 months time. We have established a family life together and we have a child of two years old.

 

I made application to vary my student leave to under the Family and Private Life Article 8 as the money I was expecting for my tuition fees is being delayed until about December 2013 or January 2014. My college was not willing to sponsor an extension of my student visa without the fees completely paid. Hence the application I did so that my stay cannot be considered unlawful. So I made the application under Article 8 ground just in time before the visa expired.

 

Decision of the Home Office

 

My application for visa was refused but given right of appeal.

 

The Home Office decided to consider my application under the partner route on their own accord and concluded that my husband cannot sponsor me through the partner route as he is on a discretionary leave to remain. They provided to me the failure category as E-LTRP 1.2.

 

The Home Office also on their own accord considered my application through parent route and concluded that my child born here 2 years ago is not a British Citizen or not having ILR. They provided failure category of E-LTRPT 2.2.

 

Then on my application for private and Family Life Article 8, the Home Office gave the following decision.

 

"I have considered whether your application raises or contains exceptional circumstances under Article 8 which could warrant consideration by the Secretary of State outside the immigration rules. I have decided that it does not."

 

Furthermore a decision to remove me from the UK was also made in accordance with s47 of the Immigration Asylum and Nationality Act 2006.

 

Request

 

I urgently require some generous help and assistance on possibly grounds of challenge to the First Tier Tribunal as time is now of the essence.

Edited July 28, 2013 by honeybee13

[honeybee13]

Hello and welcome to CAG. I've edited your post to smaller letters so it's easier to read.

 

This isn't a very busy forum, but I hope people who know the answers will be along with advice for you. Have you spoken to your local law centre for free advice?

 

My best, HB