Misadvice from Usher Solicitors

[charl]

Hi everyone....I am new here!! And I would really welcome and appreciate your help!

For the last 5 years my husband and I have been going through the trauma of applying for his stay. He is Albanian and we have been together 9 years married 4 years with two children.

In that time we have seen between 3 and 4 solicitors and we are onto the next costing us another £2k.

I am writing to your today because I feel that one of the solicitors gave us mis-advise and did not give value for money and we would now like to address this but not exactly sure how.

We were advised to apply for a EEA2 Residence Card Application because he could not apply for a 'leave to remain' as he would have had to leave the country. This application, it was stated to us, would be based on his relationships with sons (ages, 7 and 1). The fee for this was £1000. In addition to this the paperwork was lost for over a year, and it was only when I went to see my local MP and he got involved did he solicitor pull his finger out and found the paperwork. That was one year of distress and diabolical customer service. For £1000 I did not expect this level of service.

Anyhow the application was refused for two reasons 1. they said he is not the primary carer of the children and 2. I am not an EU citizen but English - born and bred

We have put in an appeal based on his human rights to be with his family. My complaint regarding Usher solicitors, however, is why did he advise us to go down the EEA2 route knowing that I am a English born Biritish Citizen??.

Can anyone advise me on 1. if I have a valid case, 2. how I go about reporting this solicitor, 3. any advice you can give me on helping me resolve the immigration issue my husband has which is like a shadow over our family unit.

Please note I have come across these websites -
http://www.lawsociety.org.uk/for-the...t-a-solicitor/
http://www.sra.org.uk/solicitors/enf...r-results.page

I will be looking thru them but I am not the most savvy person when it comes to these things and could do with some advise from real people who have gone through/are going through this situation.

If I have posted in the wrong area please let me know!

Thank you so much in advance!!

[Amethyst]

Re: Misadvice from Usher Solicitors

Certainly sounds like you have grounds for a complaint to the SRA.

Also I can't see that the firm is regulated by the OISC.

Is there particular reason for applying based solely on the children and not on your marriage and living together ?

[EXC]

Re: Misadvice from Usher Solicitors

Certainly sounds like you have grounds for a complaint to the SRA.

On issues such as quality, service & billing Charl would be better off complaining to the Legal Ombudsman but they can only do that after 8 weeks has elapsed from the point they first complained to the solicitor. http://www.legalombudsman.org.uk/

[bluebottle]

Re: Misadvice from Usher Solicitors

Certainly sounds like you have grounds for a complaint to the SRA.

Also I can't see that the firm is regulated by the OISC.

Is there particular reason for applying based solely on the children and not on your marriage and living together ?

I agree that the SRA should be approached as it would appear the solicitor the OP has highlighted has been somewhat casual in the manner they have handled the OP's husband's affairs and it could be argued that the OP's husband's interests have not been best-served as a result.

The is a provision under Schedule 1, Human Rights Act 1998 ensuring Right to A Family Life, but do bear in mind that it is a public authority or the government who are answerable to the courts under Section 6 of the Act, not the solicitors, unless they were acting on behalf of the government, in which case, it is the government who carry the can for their blunders and any breach of the Human Rights Act.

Two questions immediately come to mind -

1. Does the OP hold exclusive British nationality or dual nationality?
2. Did the marriage take place in the UK or a country which has reciprocal arrangements with the UK?

The "reciprocal arrangements" referred to in Question 2 simply mean that the UK will recognise a marriage solemnised in another country e.g. France, and the other country will recognise marriages solemnised in the UK. In layman's terms, "solemnised" means the marriage ceremony. So, if the marriage ceremony took place in Albania and Albania has reciprocal arrangements with the UK, the marriage is - or should be - lawful in both countries.