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9jaboy32:

DEAR NAIRALAND,

I PLACE AN APPLICATION TO THE HOME OFFICE SOMETIME IN MARCH AND MY LAWYER RANG ME IN MAY TO TELL ME THAT MY APPLICATION WAS REFUSED THAT I CANNOT TAKE THEM TO COURT BUT ONLY GRANT FOR A JUDICIARY REVIEW.

MY LAWYER DECIDED TO REPLY THEM WITH A PRE-ACTION LETTER GIVING THEM 14DAYS TO GET BACK, BUT IS LIKE 21 DAYS NOW STILL NOT HEARD FROM THEM.

CAN ANYONE UPDATE ME WITH THE NEXT STEP TO TAKE. IF TO FILE IN MY JUDICIARY REVIEW OR WAIT FOR THEM TO GET BACK TO ME? IS THERE ANY REASON WHY THEY HAVE REFUSED TO WRITE BACK TO MY LAWYER?

I WILL APPRECIATE ANYONE RESPONSE CONCERNING THIS ISSUE.

THANK YOU.

What kind of visa did you apply for and what was the reason(s) for the refusal

i applied base on living together with kids. and the reason of my refusal was my entry clearance was not on my application while it was been sumbitted.

9jaboy32:

i applied base on living together with kids. and the reason of my refusal was my entry clearance was not on my application while it was been sumbitted.

Are u married to a British citizen? Who applied for u? An agent or yourself?

WE NOT MARRIED, SHE IS A BRITISH CITIZEN AND WE HAVE BEEN LIVING TOGETHER FOR 3 & HALF YEARS AND WE GOT TWO KIDS. IT WAS A SOLICTOR THAT APPLIED FOR ME.

can you do that without marrying the person?

9jaboy32:

WE NOT MARRIED, SHE IS A BRITISH CITIZEN AND WE HAVE BEEN LIVING TOGETHER FOR 3 & HALF YEARS AND WE GOT TWO KIDS. IT WAS A SOLICTOR THAT APPLIED FOR ME.

Ok, i understand that now, are u in the UK or in Nigeria now?

uk

9jaboy32:

uk

I don't think ur lawyer is telling you the whole truth about the case, get somebody who will explain things for u very well. Are u in the UK legally or has ur visa expired?

@ poster

I believe you have 3 months from the refusal date to make a Judicial Review application to the High court.Normally you should have been granted a right of appeal but again I do not know the ins and outs of your particular circumstance so cannot say for certain(you may be here illegally and not entitled to an in country right of appeal).

The merit of your application is another  separate matter-application based on living with a partner for at least 2 years and akin to marriage, how old are your kids?-although 7 year rule has been abolished but the age of the children will still be considered and the older they are, they more weight it will carry while considering your case.I presume they were both born in the UK. Obviously, your Solicitor has all the facts and will have considered that you have a good chance.

Back to your question, your solicitor has sent a letter before action and ideally they should respond to it but they have been known to ignore such letters. They are only under a legal obligation to respond to the MP's letters within 14 days so Solicitors's letters sometimes take a back seat. Since your solicitor has given them 14 days notice of your intention to lodge JR, he/she can now file the same at the High Court.

JR is very expensive and the losing party will be ordered to pay the costs of the other party so you will need to discuss the merits of your application with your Solicitor well.

Without knowing the full facts of your case, no one can give you a full advice (I appreciate this forum is not ideal to be divulging your personal story).

Good luck.

@ Poster,

You havent laid everything bare.

When you applied, did you submit all the documents that were required with your application? It is stated clearly on the home office website that if you submit incomplete documentation, your application will be refused.

You didn’t explain your circumstance very well and it may be difficult for people to advise you. Well, I assumed you made application for residence under Zambrano and it was refused on the ground that you didn’t provide evidence of entry clearance. (Which means you are illegal in UK). I think the reason HO gave for the refusal was wrong. I think it is better for you to go for a review. You should provide all evidence that you play vital roles in the upbringing of your kids. And of course, you have to attach a cover letter stating the way you enter the country and how you met your spouse.