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That is something the same you had been forewarned from the very outset.Muhammad jabbar 1993 wrote: ↑Wed Nov 04, 2020 8:44 pmHi everyone
Just for update....
We have received letter from HO after submitting our appeal and they still said that their decision was right. Now we are waiting to receive court hearing date.
In letter they mentioned this.
3. The Appeal
I have reviewed the grounds of appeal and all the supporting documents submitted with the
appeal papers.
Based on the refusal notice and the additional documentation submitted, I am satisfied the
original decision to refuse was correct. The decision is therefore in accordance with the law
and the Immigration Rules and I am not prepared to exercise discretion in the appellant’s
case.
The appellant has provided evidence of confirmation from the third-party sponsor that they
are willing to provide financial support for the appellant and are financially able to do so. In
support of this statement evidence has been provided of the third-party sponsor’s payslips,
employment letter and personal bank statements. However, it is noted there is little documentary evidence of the nature, extent and duration of any current or previous financial
support which they have provided to the applicant or their partner.
I have considered, under paragraphs GEN 3.1. and GEN 3.2. of Appendix FM as applicable,
whether there are exceptional circumstances in the appellant’s case which could or would
render refusal a breach of Article 8 of the ECHR because it could or would result in
unjustifiably harsh consequences for the appellant or the appellant’s family. In completing
this assessment, I have also taken into account, under paragraph GEN 3.3. of Appendix FM,
the best interests of any relevant child as a primary consideration. Following a thorough
assessment of the appeal I am satisfied that there is no basis for such a claim.
Given all of the above considerations, I maintain the ECO’s initial decision to refuse entry
clearance.
That won't carry any weight unless written by the local council or other UK registered charity organisationBordersDivide wrote: ↑Thu Nov 05, 2020 9:06 pmA private agency can also be hired to observe kids and write letters for immigration. Expensive about £1200.
That might even exacerbate the op's case to large extents.BordersDivide wrote: ↑Thu Nov 05, 2020 9:06 pmSome evidence letter, can be school that suggests biological father plays vital role in kids life
HiBordersDivide wrote: ↑Thu Nov 05, 2020 9:06 pmYour wife can submit a medical reason why she can’t work full time - mental health related (please be genuine)
A letter from school that highlights negative impact on the kids to move abroad, if possible. A private agency can also be hired to observe kids and write letters for immigration. Expensive about £1200.
Some evidence letter, can be school that suggests biological father plays vital role in kids life and again would have negative impact on kids development if they had to relocate.
This is just a suggestion from my personal genuine reason. What fits my circumstances may not fit yours completely.
I have my hearing confirmed for next month inshallah (Upper Tribunal) and I now have new evidence which is letter from sons school. They wrote this all by themselves because they are concerned about my sons state. Not even sure if using this new evidence would fit in with our strategy, as we don’t want the outcome of having a fresh appeal hearing again as that would mean loooonger wait and it’s defeating me badly and now effecting our small child.
You need to show them evidence of all the reasons she can’t work FT, the kids needing you and their fathers role in their life and relocating issues etc.
Hi everyone
Can you respond to that email and ask for a status of your case?Earlier we received an email saying that there will be pre hearing of our appeal on Feb-11-2021 but we or our representative no need to attend it.
Hi zerubbabelZerubbabel wrote: ↑Sat Mar 06, 2021 9:14 amCan you respond to that email and ask for a status of your case?Earlier we received an email saying that there will be pre hearing of our appeal on Feb-11-2021 but we or our representative no need to attend it.
Yes we have one senior supreme court lawyer and a barrister.Zerubbabel wrote: ↑Sat Mar 06, 2021 10:05 pmHi, sorry for that mate Everything seems to take ages these days.
Tell me again please, I am unsure, is there a solicitor involved with you or are you working alone on this one?
Did anyone from your side attend this pre-hearing?Muhammad jabbar 1993 wrote: ↑Thu Mar 04, 2021 9:10 pmEarlier we received an email saying that there will be pre hearing of our appeal on Feb-11-2021 but we or our representative no need to attend it.
After that it's been 4 weeks but we still didn't got any update.
Agree.Zerubbabel wrote: ↑Fri Oct 02, 2020 3:18 pmThat's the issue. You wouldn't be able to build an exceptional circumstances case based on 7 weeks of cohabitation.
You are welcome if you want to explore an other idea.
No we didn't as they said we don't have to attend. And we didn't knew a lot about itvinny wrote: ↑Sun Mar 07, 2021 6:44 amDid anyone from your side attend this pre-hearing?Muhammad jabbar 1993 wrote: ↑Thu Mar 04, 2021 9:10 pmEarlier we received an email saying that there will be pre hearing of our appeal on Feb-11-2021 but we or our representative no need to attend it.
After that it's been 4 weeks but we still didn't got any update.
Al hamdulillah finally The Respondent withdrawal the appeal and granted visa. We are so happy after a very long time finally we got good news.Zerubbabel wrote: ↑Mon Mar 08, 2021 5:12 pmIf you are paying a barrister or a solicitor, get them to chase for you. It's their job and they know who to contact to enquire.
Al hamdulillah finally The Respondent withdrawal the appeal and granted visa. We are so happy after a very long time finally we got good news.
It takes a while to hear from HO requesting for applicant to submit passport.Muhammad jabbar 1993 wrote: ↑Sat Apr 24, 2021 11:34 pmPlease can anyone advise about our previous post as we still waiting and didn't heard anything from HO.