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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11509
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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hi my name is XXXXX XXXXX from tunisia iam married with

Customer Question

hi my name is XXXXX XXXXX from tunisia iam married with a british citizen girl from 2006 in december 2007 i got a spouse visa for 2 years . 30 days before my visa run-out i called the home office and i told them that iam going to visit my mum who had an operation in tunisia , can i apply for my indefenit leave too remain in british embassy in tunisia the home office said yes and i had all the necessary paper i need all of it. anyway i went to tunisia in my first week i went to the british embassy there to apply for my indefenit leave to remain which iam intitle to have it as i had finished my 2 years spouse visa and also i have a son who had a british passport. well when i went to apply the embassy said we dont do indefenit leave we just give spouse visa , anyway i had to apply for my second spouse visa in november 2009 , my wife went back to england and i had to wait for the decession but me and my wife we had an argument so she went to her selicitor who send a fax to the embassy , so the embassy refused my application in jan 2010 so i had to go throw the appeal case , notice that my wife she said at least 10 faxes to the embassy telling them that she was pregnant again and she was hormonal and she didnt know whats happening as i was a way from her and i send faxes as well to the embassador of british embassy in tunisia if i can join my wife before she give birth with our second child , he just wished luck for me anyway , the embassy didnt want to send my apeal form to the court , so my selicitor had to send a new form to the court anywya in the end i won the appeal and it took them at least 11 months to give me this second spouse visa and it started march 2011 and it finishes at june 2013 . and iam with my wife now in uk and my 2 kids whom are british citizen , my questions is , can i apply now for my indefenit leave to remain even i stayed for more than 8 years in tunisia waiting for my second spouse visa?? or do i have to finish this spouse visa and the apply for my indefenit leave alos can i sue the embassy and the selicitor who send the fax to the embassy notice plz that he was not an immigration selicitor he was just dealing with family things ? and plz note also tha i have 2 british kids who born here in uk . iam waiting for the answer
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  INC replied 3 years ago.

Hi,

Thanks for your question.

From the information you have provided above, I am of the opinion that you will not be eligible to apply for ILR until 2012 when your current visa expires.

As you have remained out of the UK for some considerable time, you cannot rely on the time you previously spent in the UK to count towards your eligibility for ILR as you have not completed a period of 'continuous' residence prior to submitting your application.

If you wish to discuss, please feel free to ask further questions.

Kind regards,

Customer: replied 3 years ago.
Yes i understand but i already besn in uk for 2 years when i got my first spouse visa and i have 2 kids and my second visa will run out in jukt 2013 ao do u mean even my second spouse visa run out in june 2013 i can apply in 2012 if so which month ??
and also can i sue the selicitor who sent that fax to the embassy??
and can i sue the embassy???
Expert:  INC replied 3 years ago.

Hi,

The first spouse visa had expired whilst you were outside of the UK and subsequently the UKBA were informed that the marriage had broken down. From what I understand, the visa was granted on appeal.

It seems that due to your previous problem, you will not be able to rely on your previous visa for ILR purposes and as such, you will have to wait until your existing visa has completed, i.e. you have been in the UK for 2 years since it was granted and then make an application for ILR.

With regard to suing the lawyer, you may file a complaint with the lawyer first and then the legal ombudsman if the lawyer does not provide a satisfactory respponse.

With regard to the embassy, I would be surprised if your claim would have any merit and thus this may not be an option for you.

If you wish to discuss, please feel free to ask further questions.

Kind regards,

Customer: replied 3 years ago.
SR just to let you know that my marriage didnt broke nothing bad happen its only me and my wife we had an argument and she went to this solicitor who send the fax to the embassy telling them wrong thins about my self , even my wife who iam still with she was wondering abut how he did that. and my wife she visited me 6 or 7 time with my son and when she was pregnant and our relationis normal , and liks i said the second visa finish at july 2013 ?
so even i didnt divorse my wife or we didnt separat i still cant get mt ILR
Expert:  INC replied 3 years ago.
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Customer: replied 3 years ago.
hi
i am sorry to bother you with my question but i will make it more clear for you so after you can give me the right answer.
November 2007 i got spouse visa
December 2007 i came to England first time
i live with my wife i worked hard i had all document everything i need to get my ILR including life in UK test.
i had my pay slips bank statement every document that they needed .ok.
november 2009 i called home office i told them i have a child who born in uk and his mum she is british and i have been working in this 2 years and paying bills /......... i told them iam going to tunisia for a family hliday which is my original country , i asked them is it ok to apply in uk embassy in tunisia for my ILR , they said yes ok so i went to tunisia i went to the uk embassy to appy for that as the home office said they said no i cant , they said they just elligible to give spouse visa i explained to them that the home office says that i can apply for my ILR they said they cant anyway in the end i had to apply for another spouse visa and this was december 2009 OK .
me and my wife we was stress and we didnt know that she is pregnant and hormonal so we had an argument we didnt divorse or separate non of these ok she went back to uk and i stayed in tunisia waiting for my visa , because she was dawn she went to that solicitor just talking to him about the situation and our argument so he encourge her to let him do the fax and thats what he did so the embassy refused me while my wife visited me evry month with my son and even she was pregnant the embassy didnt take that in advantage, so i had to go through the appeal and you know whats hapen and it took me nealt 11 months to get my second spouse visa which started at march 2011 and finished at july 2013 and now im in uk with my wife and my 2 boys and iam working .
now hopefully you will undertand more and i wait for your answer SR
thanks

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