Please help with appeal

bobbyash · Post by **bobbyash** » Sat Jul 02, 2011 10:33 am

Hi

My wife has just been refused spouse visa because they say she overstayed for three years and recieved nhs dental treatment and prescriptions. She is chinese I am british.

Her student visa run out oct 2007 and thats when we met.

We applied for COA in Aug 2009 and they didnt give us this until Oct 2010. Nearly a year. They advised us to get married then apply for ltr which we did. I was refused and they advised her to go home and apply from there, which she did and they refused again.

We know in order to appeal we need to first, pay back all NHS costs but dont know how to do this??

Can I represent her at appeal or is a lawer the better idea. I work and recieve working tax credits am I entitled to legal aid?

The HO say I can move to china and we can live there but like I told them I have a son in the uk. He doesnt live me with full time, only three days a week and they say this is not enough to be considered.

As a british citizen, havnt I got the right to live in my own country and have a family life with the woman I love??

Has anyone else had these problems and won their appeal?

If I go to china for a couple of months will this affect anything?

Any help would be greatly appreciated?

bobbyash · Post by **bobbyash** » Sat Jul 02, 2011 10:39 am

It was refused under paragraph 281 (iii) and 320 (7b)

hamster88 · Post by **hamster88** » Sat Jul 02, 2011 10:49 am

i am sorry to hear this has happened to you bobbyash. Im sure on appeal and with a good lawyer you will get the visa. Good luck and stay strong.

bobbyash · Post by **bobbyash** » Sat Jul 02, 2011 10:53 am

hamster88 wrote:i am sorry to hear this has happened to you bobbyash. Im sure on appeal and with a good lawyer you will get the visa. Good luck and stay strong.

Thank you hamster.

I am just a bit confused as I thought 320 (b) didnt apply for a spouse visa and 281(iii) makes no sense either having looked at the ho website.

Maybe someone can help??

Post by **vinny** » Sat Jul 02, 2011 11:13 am

320(7b) shouldn't be applicable to spouses. However, 320(11) may be.

bobbyash · Post by **bobbyash** » Sat Jul 02, 2011 11:15 am

vinny wrote:320(7b) shouldn't be applicable. However, 320(11) may be.

Hi Vinny

thank you. No mention of 320 (11) anywhere on refusal letter. If they refused under 320 (11) wouldnt they have o say it on the letter??

Post by **vinny** » Sat Jul 02, 2011 11:17 am

It may have been a mistake on their part.

bobbyash · Post by **bobbyash** » Sat Jul 02, 2011 11:21 am

vinny wrote:It may have been a mistake on their part.

So in that case, wouldnt it make the refusal invalid? in a legal sense?

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Please help with appeal

Please help with appeal