Refused leave to remain after 14 yrs of good immigration history
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This petition is being drafted by me, Michael Roberts as I have ultimately run out of options and have come to realise that perhaps I should share my story in the hope that the decision at the home office could be reconsidered. After 14 years of living and working in the UK, the home office have decided that they will not grant me leave to remain. This decision has come after 5 years of court trials and tribunals, some cases have been won while others were lost. The home office have held on to my passport and I have not been allowed to travel to visit my mother who has been ill in recent years. The home office have a record of my immigration history and I have always used Breytenbachs solicitors for help and advice when applying for a visa and they have always been successful until recently.
In 2012, my partner at the time and I were living together and had been since March 2004, I was granted an unmarried partners visa back in 2009 and our relationship started to fall apart in 2012. I approached Breytenbachs solicitors who I had used before and they advised me that I had a strong case to lodge an application to the home office for permanent residency. We gathered documents from my partner and I to prove to the home office that we were in fact together for 8 years before the relationship fell apart. The home office were not satisfied that I had not fulfilled the terms of the unmarried partner visa and refused to grant me permanent residence.
My solicitors then advised that we could appeal their decision which meant we needed to move to what's known as the first tier tribunal, a lawyer will hear the case and make a decision based on the facts we submitted and what the home office submitted. On the day of the hearing, the HO had a no show and it was only my barrister who was appointed by the solicitors and myself facing the judge at trial. The judge ruled in my favour but within two weeks the HO lodged an appeal against that decision which meant we now had to go to an upper tribunal for another hearing.
The judge then ruled in the HO favour which meant that I could make an appeal to the high commission but would costs several thousands of pounds which I did not have. The other option would be to make a new application for leave to remain on the basis that I have been living here for the past 12 years, the decision at the upper tribunal came in 2016 and within weeks we lodged a new application. We applied for leave to remain on the basis of my private life in the UK.
The new application was sent in November 2016 and I have just recently received an email from my solicitors to say that the home office have refused my leave to remain visa but that I can appeal the decision. Unfortunately, they also mentioned that the HO have certified the appeal meaning I would have to go back to SA to make the appeal.
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