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Tribunal appeal

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stacey1
Newbie
Posts: 30
Joined: Tue Mar 22, 2011 7:51 pm

Tribunal appeal

Post by stacey1 » Tue Mar 22, 2011 8:03 pm

Hi all, i have been living a total nightmare now for 2 years. I came here as a student in jan 2008.I met my now wife in sept 2008.We moved in together in December 2008. My wife has a child from a previous marrage and we now have our baby on way due very soon. I sent off for my student visa in may 2009, this was refused after they told me i used deception,this certainly wasnt the case and im currently taking legal proceedings aganst them.They were struck off the home office register twice,which does make me wonder.Basically they told the home office they had no record of me,even though i had the enrolment documents.We married at the end of 2009 and sent off for leave to remain in feb 2010.This again was refused as the deception came up again and the fact i had no leave left at the time of applying. Its has been so stressful fro us both.We have tried to do everything in a legal way but it has slapped us in the face. We sent a letter to the home office asking them to look again at our case,they wouldnt change there minds but gave us the right to appeal.We are due at the appeal tribunal in 3 weeks time and i was wondering if anyone else has gone through this process and if so what the outcome was.Im so scared im going to be sent home and leave my wife and unborn child here.We have enough documents proving our relationship to sink a small ship! We go on holiday regular in the uk,of which we have so much proof.Our relationship has never been an issue.This deception keeps getting thrown at me.
Please any advice would be much appreciated.

stacey1
Newbie
Posts: 30
Joined: Tue Mar 22, 2011 7:51 pm

Re: Tribunal appeal

Post by stacey1 » Sat Mar 26, 2011 7:12 pm

Please i have had no replies at all.Has anyone been through this or know what we should expect?

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Sat Mar 26, 2011 8:30 pm

What is your wife's immigration status in the UK?

What is your nationality?

What is the nationality of your wife's child and does the child have any contact with his/her natural father?

When you say the refuse you due to the past deception - what do they say exactly? Have they accepted that you are in a genuine relationship?

Did you actually study at the college and if so for how long?

stacey1
Newbie
Posts: 30
Joined: Tue Mar 22, 2011 7:51 pm

Post by stacey1 » Sat Mar 26, 2011 9:18 pm

Hi, thanks for your reply.
My wife is british born as is her child.Her daughter has no contact with her natural father,however he does pay £5 a week matience(for what thats worth!) she is trying to obtain residency at the moment,as it stands she cant take her daughter out of the country without his permission,which i doubt he will give.I am west african,i studied here for 1 year and completed my course.I then tried to enrole to do a different course,this is where the problem started.They refused me saying the college had no record of me,i have been contacting the college to sort this out but they will not reply me so i have had to send a formal complaint to them recorded delivery and look at sueing them as i paid alot of my fee's upfront.The home office do not currently know what i am doing but i have sent all my documents to the court.I had no right of appeal prior to now.My baby will be due soon this year and this is really worrying me and my wife.I cant return home and re-apply as i dont want to miss the birth of my baby.
They refused my LTR on the basis of deception , they seemed happy i was in a genuine relationship but after asking them to reconsider there decision, they said they requested more documents as proof of our relationship.This was never sent to us and was never in the orginal reusal letter.I find this quite strange considering we had that many documents its unbeleivable.They have also managed to lose our marrage certificate.Another strange thing!
Hope this helps :-/

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