URGENT APPEAL HELP DESPERATE PLEASE

[whale]

Postby whale » Sat Aug 02, 2014 10:10 pm

hi everyone, i need help, i submitted my first EEA application in july 2013 but it was refused in november 2013, due to proxy marriage certificate and nothing else. i was given right of appeal but i didn't go for the appeal because it was over 28 days before my solicitor informed me about the outcome of the application.

However, i made another application with more supporting documents to back up my proxy marriage certificate, and 2 month after me and my wife decided to go for the registry marriage here in the UK and that was done in mach and copy of the UK marriage certificate was sent to the HO as more supporting document.

In may the HO officer visited our flat and we were both not in at the time but they met a family friend who attended to them, they asked her so many questions about us, and she got almost right except that she can't specify the country of my EU wife, a month later i got a refusal letter stated that i was not living in the apartment with my wife , because the lady they met knows me but she didnt know which country my wife is from. they gave me a right of appeal

meanwhile, i called OYSTER office to get my OYSTER card statement to proof that i actually left the house that same day they came and it was few minute between me and them, i have the council tax on my name and my wife ,so many bills on our both names intact with my Electoral card.

therefore, i applied for paper hearing but my surprisingly i got a letter for oral hearing.
can someone please advice me on what to do here, and what should i be expecting for this interview ?thanks you all

[vinny]

Representation at Immigration Appeals.
Representing yourself in Court > Guide.

[whale]

hi everyone can somebody give a worst and positive scenario about this my case….pls i really need what to be expecting, has anyone here been to court on oral appeal for the EEA recently ? please advice

[Ozi]

hi everyone can somebody give a worst and positive scenario about this my case….pls i really need what to be expecting, has anyone here been to court on oral appeal for the EEA recently ? please advice

Do not panic bro I am sure you will be fine. Your case is a bit similar to mine which was rejected due to Proxy, and I am feeling hopefull with the appeal.
My question is how did you manage to marry in the register while your passport was held by the Ho? What document did u present to the register?
Best of luck with your appeal, you believe you will win.

[whale]

OZi, I presented a certified copy of my ppt, council tax bill and other documents that I have on my name and my wife. Actually the registry called the home office to confirm if they have my ppt right in front of me. After d confirmation everything was fine.

[Obie]

You will need to prepare a bundle and skeleton argument.

The issues on the basis of which you were refused will need to be properly addressed. Evidence of a genuine relationship will need to be provided and evidence of treaty rights will be required also.

You will be interviewed by a Presenting Officer on the basis of your witness statement and your relationship.

[whale]

@Obie, is it legal to apply for paper hearing hoping that i will pay 80£ and they charged me 140£ for Oral hearing? actually i have not receive the confirmation yet, but i thought its oral hearing since they charged me 140. besides do you know how long it takes to get the hearing date after they deduct the money from acct? they took out money from my acct since last week tuesday and noting from them till now. pls advice. thanks for d job weld one here Obie.

[Obie]

Are you sure you ticked the right box.

Did you pay online .

They can only take the money you permit them to take.

If more was taken, you can query it.

In marriage of convenience, I always advise people to do oral hearing. That is my advise in those circumstances.

If tribunal made an error, you are entitled to write them to remedy it.

[whale]

@ Obie,Thanks for your response, my solicitor made the application for me and you know how nasty most of the solicitors are. I gave them my card info and sign the documents, but I have called them to informed them how much was charged from my acct and they said I have to wait till I get the notice before they can do anything.

However, I wish to go for the Oral hearing bcos me and my wife truly living together and does everything, but my lawyer said the HO can be funny sometimes always looking for loop holes to
Crucify people and since they only mentioned that I was not living in the house and I have substantial proof to establish my claims, that it's better to do paper hearing. And as well the cost of oral hearing is much and I'm not working currently, it's only my wife working and pay for everything.