Spouse visa appeal and represent by husband ..

[Mk2010]

Hi all,

My dear wife was refused for spouse visa recently from a British Consulate in China for some silly reasons. I am truly gutted.. was expecting her to be with me this Xmas.

I would like to know that me, as her husband and her sponsor to be her representative as well in this appeal?

I am filling up the appeal form myself and will submit the appeal to the Consulate once I fly over there next week. Try to get some professional advice urgently, but most lawyers either close for holiday or off skiing!

And if this appeal goes to tribunal hearing and I decided to nominate a professional representative by then, would this be possible?

Many thanks

[batleykhan]

Yes you can represent your wife at the appeal hearing if you wish, but if the reason for refusal is complicated,I would advise that you seek proffesional advice from an OISC registered immigration advisor.

If on the other hand you are confident and knowledgable of the basic immigration rules and regulations, then why not give it a try.

However if you name yourself as representative and then near time change your mind, make sure you keep the authorities informed of the change.

If you want to know what goes on at such hearings, why dont you go and sit at the back of the public Immigration tribunal courts near where you live.

[Casa]

What were the reasons for refusal?

[chinagef]

Hi all,

My dear wife was refused for spouse visa recently from a British Consulate in China for some silly reasons. I am truly gutted.. was expecting her to be with me this Xmas.

I would like to know that me, as her husband and her sponsor to be her representative as well in this appeal?

I am filling up the appeal form myself and will submit the appeal to the Consulate once I fly over there next week. Try to get some professional advice urgently, but most lawyers either close for holiday or off skiing!

And if this appeal goes to tribunal hearing and I decided to nominate a professional representative by then, would this be possible?

Many thanks

I have replied to your PM, though you may wish to continue the discussion on this thread as you will benefit from other people's opinion and experience.

[Mk2010]

Thanks all for the replied, particularly chinagef.

The ECO interviewed my wife with an interpreter and in some way was asked about my life in the UK. Ding dang dong ...lost in translation and my wife couldn't answer some trivial questions.

Hence reason of refusal, the ECO was not satisfied that my wife relationship with me is subsisting and she intend to live with me permanently.

Harsh... harsh.

All I want for Xmas is my dear wife.

Now, I will have to fly out after xmas to submit the appeal form to visa section in China. Would this in favour to the appellant, my wife or it make no difference if I lodged my appeal in the UK

[chinagef]

Thanks all for the replied, particularly chinagef.

The ECO interviewed my wife with an interpreter and in some way was asked about my life in the UK. Ding dang dong ...lost in translation and my wife couldn't answer some trivial questions.

Hence reason of refusal, the ECO was not satisfied that my wife relationship with me is subsisting and she intend to live with me permanently.

Harsh... harsh.

All I want for Xmas is my dear wife.

Now, I will have to fly out after xmas to submit the appeal form to visa section in China. Would this in favour to the appellant, my wife or it make no difference if I lodged my appeal in the UK

The appeal would be lodged in the UK, and the Hearing would also take place in the UK. You would need to submit the Notice of Hearing within 28 days of receiving the refusal, and it would be a good idea to isntruct a lawyer to draft Grounds on your behalf.

[aa123]

You can lodge the appeal in the uk,ie send the form to the address on the form from the UK, as the consulate will only forward the appeal back to the uk anyway.

Also if you was refused on 281 (iii) then this can be easily overturned at appeal.
Please state exact reason for refusal. Was it because she couldnt answer the ECO questions?