WHAT TO EXPECT IN APPEAL HEARING?

[SHAF]

Hi Guys

After waiting well over 11 months since my appeal was lodged against the refusal of my wifes settlement visa, I will be attending the court next week for the appeal hearing infront of a Judge, Home Office Representative, my barrister and myself.

My solicitor has produced a bundle of over 400 pages of evidence which I am positive should produce a positive determination towards us.

My question is, for those of you who may have been througth the oral hearing, can you please advise what I should expect on the day, what I could be asked by the judge or home office representative?

Also is the judge independant of the home office, or do they tend to side with them on the majority of settlement appeals?

Any help would be appreciated!!!!

[AksanaT]

Hi
Can you tell the reasons of the refusal, please. The questions of the Judge and HO will depend on the reasons of the refusal, but i can say that you have to be confident that you will win. Dont be scared and just answer the questions, your barrister will help you with it.
My hearing should take place one month ago but it didnt due to the mistake of the members of the Court. I hope they will set a new date of my hearing as well next week.
Good luck to you.

[Jeff Albright]

My question is, for those of you who may have been througth the oral hearing, can you please advise what I should expect on the day, what I could be asked by the judge or home office representative?

I have been through an oral hearing on my own, without a representative.
Because you are represented, you won't have to do anything, just sit and listen. You must not speak to any other party except your representative, neither in the court room nor outside. Whatever the judge asks, your representative will have to answer and not you. From what you said, I gather that you are properly represented and your case is well prepared. So you do not have to worry about anything.

Also is the judge independant of the home office, or do they tend to side with them on the majority of settlement appeals?

The judge is completely independent. He must give proper weight to the submissions made by both parties.

[avjones]

The Immigration Judge is independent of the Home Office.

As to what you will be asked, as the sponsor, it depends why the application was refused in the first place.

[zara]

am going through same patch i have barrister to represent us me and my overstayer partner for over 4 yr,s was refused and given right of appeal
reason for refusing were that we cant give priority to him over people,s compaling with law, and we have child 2gether age 4 and cos of his status he cant work , i work full time dont claim any public funds or any kind of benefits
we get tax credit but thats not benfit for wot i was told .
am the bredwineer of my family we have paper work ready, on the refusal letter he was told to get entry clearence we cant dont that cos if he goes back
which could be for many months i would have to leave my job to look after our child that means going on income support which i hate cos i have career at present my partner looks after him and take our child to school would break our family.
would appreaciate any form of advice only have 3 days left for our appeal
thanks in advance

[avjones]

HI Zara - unless there are special circumstances about the country he comes from or your family, he will be told to go home and make an application for entry clearance.

[AksanaT]

HI Zara - unless there are special circumstances about the country he comes from or your family, he will be told to go home and make an application for entry clearance.

Exactly. The appeal can be dissmissed just because he went wrong way to get visa. I mean he is illigal, he has not right to stay in UK and apply for the entry clearence.
Good luck to you.

[blessedlady]

am going through same patch i have barrister to represent us me and my overstayer partner for over 4 yr,s was refused and given right of appeal
reason for refusing were that we cant give priority to him over people,s compaling with law, and we have child 2gether age 4 and cos of his status he cant work , i work full time dont claim any public funds or any kind of benefits
we get tax credit but thats not benfit for wot i was told .
am the bredwineer of my family we have paper work ready, on the refusal letter he was told to get entry clearence we cant dont that cos if he goes back
which could be for many months i would have to leave my job to look after our child that means going on income support which i hate cos i have career at present my partner looks after him and take our child to school would break our family. would appreaciate any form of advice only have 3 days left for our appeal
thanks in advance

We same the same situation, but I have to take my son with me when I apply for entry clearance, so that my husband can work continously. Sometimes it is difficult, but we can't do nothing, I didn't appeal but advise to go home and re apply.

Let your husband look after your child for the meantime ,( to take your child with him ) I know this is difficult . Or do you have a relative who can help you?

[SHAF]

Just to let you all know, went to the Court today for the hearing, which lasted a full 15 minutes. I was asked to confirm my name and address by my barrister. The home office representative asked me what would I do if we were unsuccessful, I said to him no matter how long it takes, wether it 1 appeal, 2 appeals or 10 appeals I will fight for my wife to live with me in the UK, as we have a genuine relationship and you cannot allow us not to liv with each other.

The judge then said that she will allow the appeal!!!!!!! She advised that normally I would have to wait for the determination, however on this occasion she was satisfied with the evidence (400 pages) and that BHC Islamabad will be notified after 3 weeks!!!

I could not beleieve it. All that time spent waiting and worrying, and it all was over in 15 minutes!!!

I'm so happy, when I heard the judges decsion i broke down into tears. Now I can be with my wife and son, together as a family.

Just like to say a BIG THANKYOU to all on this forum who have helped me.
All the information was very encouraging and very helpfull.

I suppose now i will have to pay my solicitors and barristers remaining fees. However this was probably the best money I have spent in my whole life.

[AksanaT]

Congratulations to you!!!! Good news!
Have a happy life with your family.

[Docterror]

SHAF, absolutely delighted to hear about the positive outcome. I wish you a nice and peaceful life.

[Jeff Albright]

Absolutely brilliant news! Many congratulations, although I was fairly confident that this appeal should succeed under the Immigration Rules because as you say, you have a genuine relationship and every reason to live with your wife permanently.

All the very best for the future!

[avjones]

many congratulations!

[yankeegirl]

Congratulations!

[SHAF]

Hi Guys

Thanks for all your comments.

I have just one further question, if someone can help me PLEASE.

My son was born in Pakistan and is now 3 months old. My wife has been granted entry clearance, however I suppose that will not include my son.

Can someone tell me what I need to do?

I enquired about applying for a British Passport in Pakistan from the embassy, however this process will take many months.

I know that once my wifes passport is stamped with her visa she will have 28 days to travel. Is there any fast track way of getting entry clearance for my son, as applying for a settlement visa for him could also take months and may pass the 28 days limit.

What should I do?

Your help would be gratefull as always!!

Thank you