Hi, Does anyone have any experience using a solicitor here in the UK? We are considering applying form the Uk on the basis of Article 8 ( causes based on this pandemic), speaking to a few solicitors they think this will be possible, but wanted to know if anyone had any recommendations from personal experience.
Do you mean this one? Has youre wife and her child been refused a visa? As I understand Article 8 is relevant to all immigration decisions to a greater or lesser extent and, where a person has no right to enter or remain in the UK under the Immigration Rules or the EEA Regulations, Article 8 might provide a basis of stay. Therefore unless at this point they have been refused a visa I would suggest Article 8 will not help you.
Hi Mattecube, My partner is here on a visti visa at the moment, ( we are looking at ways of applying in country due tot eh exceptional circumstances) solicitors I have spoken to have told us its possible as we have a son together who is British ( be un reasonable to send him back etc I am looking for recommendations of a solicitor that someone has personal experience with , can you recommend?
Forgot to put the link in https://www.equalityhumanrights.com...rticle-8-respect-your-private-and-family-life
Do you met the requirememts for spouse visa now ? Financial, accomodation etc ? From thread http://www.british-filipino.com/index.php?threads/updated-so-might-be-of-some-help.18404/ Has link below. https://www.gov.uk/guidance/coronav...remain-on-the-basis-of-family-or-private-life Going through the link has the info below. If you’re applying to stay in the UK long-term You can apply from the UK to switch to a long-term UK visa until 31 July 2020 if your leave expires between 24 January 2020 and 31 July 2020. This includes applications where you would usually need to apply for a visa from your home country. You’ll need to meet the requirements of the route you are applying for and pay the UK application fee. This includes those whose leave has already been extended to 31 July 2020. You can apply online. The terms of your leave will remain the same until your application is decided. ----------------------------- Would investigate whether you have a small window of opportunity now to apply for spouse visa from UK rather than the article 8 arguement through the courts. Thought at present the opportunity was there and reading the above definitely sounds like can do the application. Omly issue is whether can meet the requirements now. Sounded like you have been living abroad so would probably require meeting the financial requirements through savings which is a challenge. Would also have a read of link below https://www.gov.uk/government/publi...ent-private-life-and-exceptional-circumstance As gives guidance on the exceptional circumstances if cannot meet requirements. Would not rely on interests of the child although being physically here is a more powerful position than if the child is abroad. Best of luck.
yes I was looking and thinking of this last night and was thinking on similar lines and was curious why the jump straight to Article 8! The only little chink in the above rules is this bit :- You are expected to take all reasonable steps to leave the UK before this date where it is possible to do so. What is reasonable in the eyes of the ECO? Earnings abroad can count in the Financial Requirement
Hi, right at this moment we do not meet the FInancial Requirement ( I had however met everything up until the end of march when i lost my job abroad ( earned above the requirements) there is some leeway there, but doing part time jobs is the only thing I can get at the moment ( have not and will not claim beneffits of any kind) if i wait till the next payslips would work out to around 18k per year ( needs to be 22400) The visit Visa Expires in September so we are also out on that as well , but regardless unless there is a vaccination they wont be going anywhere. We also have another issue in that I am still married to my first filipino wife, ( with living overseas I have been unable to obtain the divorce ( my son from that marriage lives with us ), however the divorce was started two weeks ago and waiting on the courts in scotland issuing the paperwork In the Scottish parliament the were talking about pushing the government to help out people that are in limbo due to this ( losing jobs etc, - and all this is not being a burden on society ( which we wouldnt be but its proving this as its ok for everyone to say it, but another in practice. I have 3 options we are considering. 1. , hire a solicitor for the application wit them handling everything ( most have said we would have a relatively strong case) but if it gets rejected we are then on the appeal process which could take a very long time and cost lots more money, initial costs been quoted at 1800 - 2000 ( not including any appeals) 2. or, do the application ourselves ( get support / legal advice on the supporting letter and hope for the best, could also get our local MP to write a support letter etc,( then if its rejected employ representation to fight it in court ( 3. they go home ( partner and step daughter) and we apply when all boxes are ticked, With the world in this state i wont be able to get a job back in my line of worrk overseas ( I will struggle here) however in the UK we can get work if you want it ( we arrived beginning of April and I know work with the NHS in Domestics and Argos as a cleaner
i should also say the cost is not the driver for the solicitor, ( we save over a couple of thousand in total by them not having to fly back and live' in philippines, Im looking for someone that knows the laws as well as up to speed with all the changes and successful track record of challenging cases.
https://www.freemovement.org.uk/appendix-fm-exceptional-circumstances/ Interesting article in light of topic.
One additional arguement you might also wish to deploy if looking to do adoption is that there are legal limits on where you can do it. At present based on your circumstances then think philippines is out as would have to married to partner and recognised as such in philippines. Legally dont think you could do it in other countries so being here to push through here is your only option and would require mother and child to be here for duration. From memory child rights are stronger with the children in the UK compared to rights if children are overseas which may help as well (overseas their position is weaker). Can't remember where I read the case law on that one but if I find it I'll post a link.
