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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
My solicitor stated we should challenge the unlawfulness of their decision to refuse the Visa by stating if I wish to live with my wife I can do so in Pakistan which means I should leave my country of birth. He said we have a very strong case in this regard and the decision may not go to court. If it does the chances of winning would be more in my favor and is the only way since the right of an appeal was not granted. He also stated since she is not a student or a visitor who has overstayed this also makes the case stronger.MPH80 wrote:A JR isn't an appeal. It's an opportunity to challenge the lawfulness of the way the decision was made.
Unless you believe that UKBA made some sort of unlawful step in their decision making process - you have no grounds for a JR.
See here: http://www.judiciary.gov.uk/you-and-the ... ial-review
Follow Amber's advice.
I spoke the solicitor today and he stated things are tough now as UBA is no longer in charge as the Home Office has taken over. He said when UBA was in charge they did ignore out of time applications in most cases and they would have given the Visa in my case. He also stated that the home office has stopped the right of appeal in most cases whereas under UBA there were no restrictions. The only way forward now would be JD as an appeal would not even be considered by home office. On the other hand I took advice from another solicitor who stated that we do have a right of appeal and that a JD is the very last action they would take. He quoted sometimes the home office does not make decisions correctly and just because they say there is no right of appeal does not mean there isn't and my wife stands a good chance. They suggest to appeal under Human Rights Article 8 and Article 12 which is not used regularly.MPH80 wrote:Given the strength of your solicitors' belief in your chances - ask him to work on a no-win-no-fee basis and see what his response is.
I, personally, do not believe you have a huge chance. As long as UKBA considered you in the process properly (which they appear to have from what you've posted!) I doubt you have a case to argue. But I'm not a solicitor.
I wouldn't bother ringing the home office for advice - they are generally less knowledgable about their processes than every one else!
Hi Amber,Amber_ wrote:SET(M) doesn't require extant leave therefore it doesn't matter if spouse leave has expired! Apply for SET(M) and get the B1 English and LIUK completed.
Thanks.Amber_ wrote:Well good luck. You can still apply for SET(M) again after the appeal outcome so far as you meet B1 English and LIUK. You may also ask the UKVI for the passport back in order to sit LIUK.