Appeal

[hakeem11]

i will give you history of my case, i was post study work visa, which was due to expire on 30/07/2014, before it expired i applied flro based on private life which was not based on marriage rather sympathetic basis based on the state I have come from, application was refused with appeal in November, then I appealed which was dismissed in march with appeal option for upper tribunal which I did but that was dismissed on 12th September, now while my appeal was still in process I got married which is Islamic wedding an arranged one, now rest of the situation you know

[Obie]

I gave you proper detailed advise several weeks back, which you unfortunately ignored.

You decided to go with the lawyer instead.

What can I do?

Now you have closed the 28 days window and jeopardise the 28 day clock.

It is just too much stress for me, finding a solution at this stage, perhaps it may be best to leave it with the ones who were paid, and who created this mess.

[hakeem11]

Obie@ i understand you did advise me i did not ignore it, however applying for spouse visa without any supporting document wont be possible, i did not listen to him it is just i have got no document which could help my spouse visa application, otherwise i would have applied straight away, i am sorry if i caused any stress for you, i really appreciate your help i just thought you might suggest something if it was not difficult for you, anyways thanks for all the suggestion and help which i honestly didnt ignore GOD bless you

[Obie]

Article 8 would have been engaged outside the rules even in the circumstances I suggested, notwithstanding the fact that the relationship requirement has not been met.

But now there are 2 issues to be addressed. Overstaying and lack of relationship.

You would have at the very least , had been given a right of appeal, and by the time of the appeal, who knows how long your relationship would have been endured for.

Your destiny is in your hand not in the hands of lawyers, and this is what I say to even clients.

You should have been on the driving seat. But you are contacting me 8 days after the 28 days of grace elapsed.

What can I do. Now you are faced with the next step of showing insurmountable obstacle to your partner relocating.

[hakeem11]

Obie@ I am sorry mate i know you did advise me the best possbile option surely its my short comming i didnt take it purely not that i doubted you because how my lawer percieved it, according to him i am not overstayer,which i am sure he will soon agree to that i have, i just want to ask one last question do you think it is best to go for judicial review? becuase i think thats the only hope i guess

[Obie]

Judicial review is costly and in the event of a loss you have to pay the cost to the other party.

It is a tough one to advise on , especially without full knowledge of the findings and reasons given by the courts below.

[hakeem11]

i can understand, but what you said till now based on that i dont think i have any option left, i cant leave my wife here just like that, we are married, we have made so many plans, i cant jeopardise our life just like that, if you think i still have option to make an application, i will make sure i will personally do that by keeping my lawyer aside

[arif.scorp]

Hello all gurus plz someone help specially obie with the advice and comments i came here in London on 28th of may 2006 as student and did several extension as student.In 2012  i got two years post study work visa till August 2014In 2013 I got married and my wife joined me on 4th November 2013 as psw dependentWhile on the expiry of my psw on 8th August 2014 my wife was 9 months pregnant so we did the FLR O application on the medical grounds which is the correct form and attached all the relevant documents from the g.p and the hospital.But home office returned my application on 7th august 2014 ask to send FLR FP application as you applying as on family grounds, which is not the case so at that without arguing further my solicitor did the FLR FP application but again they send it back as invalid and said payment page is missing which was not true but I send one more application on my solicitors advice than they refused me on January 2015 without the right of appeal cause they said i applied after my visa expired but this is all because of home office who keep returning my forms which was on time.Then we did the protocol before going to JUDICIAL REVIEW by giving the proof of the first application and the photo copy of the first payment page but they stick to their decision.  Now my case is in JUDICIAL REVIEW and my baby is going to be 1 year 2 month old and he is suffering from severe eczema since he was only 3 months old with lots of food allergies Like ( Dairy,milk,wheat,egg,peanut,soya, lentil, rice) For non-veg we are not aware yet.his treatment is under Chelsea and Westminster hospital and they are doing well, and slowly his getting better, as this is a chronic disease so it is going to take long time to cure.I already send my baby's Photos, hospital appointments letters and his medical documents to Judicial Review.But since Home office refused my visa extension in January 2015 i am not working and finding it very difficult as all the expenses is still their and i had to look after my family and their expenses. And now its only 6 months to go for 10 year route please please someone can tell me what is going to happen now and what are my chances thanks a lot in advanc.

[Obie]

Provided your lawyer has evidence the fee was paid and you responded before the deadline, the Home Office will be unable to resist your case.

[arif.scorp]

Thanks obie for the reply before going to jr my solicitor had shown the photo copy of the payment page and said flro application was the right application as my wife was pregnant and cannot travel with gps letter attached but they stick to their decision and they refused me by saying that my baby is under 7 years, they are not saying anything about the payment page and flro application which was for the medical grounds of my wife and big joke is that my baby was not born at the time of my application. But just to let u know my latest application which they accepted was after my visa expired but within 28 days. Please obie tell me what are the merits of my case in jr and what is going to happen next as I am not clear abt the jr procedure. Thanks in advance.

[arif.scorp]

@obie my solicitor said he had sent the photo copy of the payment page as an evidence because the original should be with home office and he has challenge in jr that the first application which was flr o was the correct form for medical grounds. My question is obie does the court will accept the photo copy of the payment page which my solicitor has submitted in jr and does in my wifes pregnancy situation flr o application was the Wright form pleas obie reply on this thank you so much.

[arif.scorp]

@obie my solicitor said he had sent the photo copy of the payment page as an evidence because the original should be with home office and he has challenge in jr that the first application which was flr o was the correct form for medical grounds. My question is obie does the court will accept the photo copy of the payment page which my solicitor has submitted in jr and does in my wifes pregnancy situation flr o application was the Wright form pleas obie reply on this thank you so much.

[mohd07]

@ innovation2000

thanks for the reply, can i not appeal to court of appeal because i have not registered my marriage yet so can not put any new application and i dont want to put application for the sake putting, so i want to know can i still go to court of appeal and in the mean while get my marriage registered and apply while my appeal is in court, baring in mind that even if i get my application is refused will i get right to appeal in this courntry?/

You cannot apply to court of appeal as the decision is an excluded decision.


Hello Obie,
Can you please advise me as I'm facingsame situation now a days. UT refused my appeal with no further appeal rights.
I'm married to EEA citizen and I want to apply for EEA RC. Im non eea while we are living together in London. If i apply for EEA RC within 28 days after UT refusal so will it effect my fresh/eea rc application or not?
Secondly, 28 days are like working days or calendar days after UT refusal? It starts from the decision made time or the dated when they printed out the notice letter? Thank you very much

The only thing you can do is a CART judicial review against the tribunal refusal of your permission to appeal application.

Do you have a child in this Islamic marriage?

Do you meet the 18600 financial requirement?

Does your home state accept marriage by proxy ?

Best bet is to apply within 28 days of the UT dismissing your appeal.

[mohd07]

@ innovation2000

thanks for the reply, can i not appeal to court of appeal because i have not registered my marriage yet so can not put any new application and i dont want to put application for the sake putting, so i want to know can i still go to court of appeal and in the mean while get my marriage registered and apply while my appeal is in court, baring in mind that even if i get my application is refused will i get right to appeal in this courntry?/

You cannot apply to court of appeal as the decision is an excluded decision.


Hello Obie,
Can you please advise me as I'm facingsame situation now a days. UT refused my appeal with no further appeal rights.
I'm married to EEA citizen and I want to apply for EEA RC. Im non eea while we are living together in London. If i apply for EEA RC within 28 days after UT refusal so will it effect my fresh/eea rc application or not?
Secondly, 28 days are like working days or calendar days after UT refusal? It starts from the decision made time or the dated when they printed out the notice letter? Thank you very much

The only thing you can do is a CART judicial review against the tribunal refusal of your permission to appeal application.

Do you have a child in this Islamic marriage?

Do you meet the 18600 financial requirement?

Does your home state accept marriage by proxy ?

Best bet is to apply within 28 days of the UT dismissing your appeal.

[mohd07]

@ innovation2000

thanks for the reply, can i not appeal to court of appeal because i have not registered my marriage yet so can not put any new application and i dont want to put application for the sake putting, so i want to know can i still go to court of appeal and in the mean while get my marriage registered and apply while my appeal is in court, baring in mind that even if i get my application is refused will i get right to appeal in this courntry?/

You cannot apply to court of appeal as the decision is an excluded decision.

The only thing you can do is a CART judicial review against the tribunal refusal of your permission to appeal application.

Do you have a child in this Islamic marriage?

Do you meet the 18600 financial requirement?

Does your home state accept marriage by proxy ?

Best bet is to apply within 28 days of the UT dismissing your appeal.

Hello Obie,
Can you please advise me as I'm facingsame situation now a days. UT refused my appeal with no further appeal rights.
I'm married to EEA citizen and I want to apply for EEA RC. Im non eea while we are living together in London. If i apply for EEA RC within 28 days after UT refusal so will it effect my fresh/eea rc application or not?
Secondly, 28 days are like working days or calendar days after UT refusal? It starts from the decision made time or the dated when they printed out the notice letter? Thank you very much