Help Pls

[irene_hamm]

I want to ask how i can go about this, i think i am having problem with our solicitor. My husband appeal was refused on the ground that we did not include enough evidence of our relationship in the appeal and also in the application to HO. But actually we include enough evidence in the application and also in the appeal. after the appeal we notice that our solicitor has been removing some of our evidence from the application and appeal and using the one he think is suitable for him, this now make us look bad that we do not have many evidence to prove our claim. he put 3 evidence only, but we actually gave him many evidence and out of this this evidence more than 10 evidence were removed and to us this evidence is very important.
My husband is always afraid to ask the solicitor because the way he speak to him on one of the interview.
Now we have garthered more than 50 evidence which includes hotels together, flight ticket together and hospital treatments together, most of the documentss are before we got married, we did not know this was important and our solicitor did not even tell us it is important, all he just say that it is not a requirement by law but we are the one suffering this issue not him and we cannot spend our life going to court and court.

Please i need the advice of the people here what you think we should do, my husband is afraid to take the case off him, and we are appealing the case further but also thinking of reapplying but all other documents are with the solicitor.

[Obie]

What was the application for? and what were the reasons for refusal?

You have the right to take your case from him. You are doing him a great deal of favour by taking your case to him and paying him. You have the right to be treated in a courteous manner.

You could try and discuss your displeasure at the way he handled your case, then if you receive arrogance response, then proceed with internal complaint procedure.

[irene_hamm]

Thank you so much for the respond i so much appreciated.
The application was for a residence card and the HO refusal says that the document presented did not show we are in a genuine relaionship so they deem it is a marriage of convinience and refuse the application. Actually we did not include much document about our marriage during the application and it was the solicitor that apply for us but the MP Letters and other relevant document were not mentioned by the HO so we thought that they dont want to mention it. After refusal, we get some other document to include with it, we did not know how serious it is, we included picture and internets contact and some other documents we garthered after the marriage. but at the court, only 3 document of our relationship was produce to the judge and 8 out of more than 70 pictures was produce at the tribunal. so they dismise the case that HO was right that we did not have enough document to prove we are in a genuine relation. so we were wondering why our solicitor was removing our documents and we told the barrister at court before the case but said he has all document and we did not know why they did not preduce it at the court.
we then made an application to take the case further to higher tribunal but that was also refused again saying we did not have enough prove and actually we did gave the solictor many prove and only three were presented. Now we have garthered new supporting prove evidence of upto 50 more documents as this is now getting more serious and the solicitor has never advice us on this we are only doing that on our own, now solicitor has apply further direct to higher court for us and it is now over a months we have not got any response or notification from them that they have receive the application to higher court. we do not know how long it take the higher trinunal has for a month now we have gotten nothing to say the receive the application.
we are so worried now and afraid if the solicitor will not add all this new evidence including the one with him to the higher court.
we dont know what is really happening here and if we ask or call him we will not get response and we are even afraid to call him as it will make it look as if we are disturbing him.

We beleive our flight ticket together, hotel together and medical treatment together before we got married will really help and this document can be easily check online by them if they chose to.

and we dont know if higher tribunal have receive our application for more than one month now.

all our document can prove we have been in relationship for 1yr and 11 months which is almost 2yrs, but we beleive by the time the case goes further we will be more than 2yrs together as for now we dont know were we are heading.

[Obie]

I really dont know how i can help. You seem, to have a new solicitor dealing with your case, then get him to collect your file and all your documents from the previous rep and supply to HO or court. It is your right.

If ever you fell you are not being represented well, sack your solicitor and get a new one. It is your life that is affected not theirs.

Upper Tribunal can take a while to get back so be patient.

The other thing you can do is instruct your solicitor to withdraw case and reapply, with new evidence.

lf they refuse, then do it yourself.

[irene_hamm]

And one more point, the Lower tribunal judge that refuse our application to the higher court after the dismise at the tribunal say our application for family permit was refused under regulation 12 but we did not apply for family permit but we only apply for residence card under regulation 17 as far as i know that was what our application was base one, regulation 17.
is this also right in what they are saying about family permit when my husband is already here in the country?

[nonspecifics]

If you don't have confidence in a solicitor - then there is nothing to stop you from saying you no longer want to use him. However, you have to pay for the work he has already done on the case.

We have a saying: " He who pays the piper calls the tune", which means, if you are paying then you are the one who gives the orders.

The Home office often leave out evidence that would strengthen an applicant's appeal - you can't rely on the Home Office's appeal bundle and should always have your own evidence prepared for the appeal in the event that the Home Office present a misleading case by omitting your evidence. Though, it seems the solicitor has also been doing the same thing and leaving out evidence which could support your case.

You can either continue with your appeal process or you can re-apply using EEA2 without using a solicitor and include all the evidence you referred to. The most important evidence would be your passports and certificate of marriage and you can include all the other stuff too.

I would advise you to copy everything before you send it or give it to someone else, in case they lose some of your documents.

Why are UKBA so sure that this is a sham marriage? Did they present any evidence to support this assertion?

Do either of you have a previous negative immigration history that makes UKBA so suspicious of your case this time?

I am not trying to imply you do: I am trying to figure out why you have had so much trouble with UKBA and their suspicions that your marriage is not a genuine relationship.

If you do have a previous negative history, then I can understand UKBA's suspicions and doubts and that UKBA might then try to present that as evidence to prove you are attempting you make applications that have no merit. However, a person's previous history should not be a reason to refuse a new application if they then meet the legal requirements at a later date.

Legally, a marriage certificate and your passports should prove you meet the requirements and it should then be up to UKBA to prove your relationship is a sham. However, including as much evidence as possible to support the assertion that your marriage is a genuine relationship would be a sensible thing to do.

[Punjab]

Morning The first thing you should do is stop worrying. Second thing you should do is kick the solicitor’s mule. Third thing you can do is collect all the documents to show that you are not with your pasrter for a visa only. Like you mentioned you have collected all the things so its alright. Do include pics of you guys together also and with your family also. If either of your familes visted your countries etc do include those pics and their tickets etc also. Last but not the least if possible ask your MP to write a letter of referance he/she should be happy to do that or ask police for a character letter ( if this letter still exist ). Fourth thing you can do is write a cover letter explaing about your solicitor what he/she was doing and how you find it. Visit this link http://www.advicenow.org.uk/advicenow-g ... 24,FP.html


Or


http://oisc.homeoffice.gov.uk/


Also HO tells you about solicors on their web site and if youw ish you can switch to one of them and tell the new one what happened to you.

I wish you best of luck and happy new year

[Punjab]

ha ha ha MULE... NICE...

[irene_hamm]

Thank you so much for all your advice, we will do as you have advice and get back to you. we are tired of all this, the solicitor was just saying they are not requirement and saying I have no doubt about both of you together because he has been seeing both of us now for more than a year and he could psychologically read us and he hold vital evidence which he suppose to send to them, to him they are not requirement and as I have read they are not requirement but to HO they are requirement, I know they cannot do anything for my hubby as I don’t see how anyone will come and take him under my roof as I can see in black and white that they are not really a requirement which they the HO turns into requirement. Many a time my hubby have said to me he want us to leave but no enough money to do that right now and which always make me cry when ever he say that, I lost my pregnancy a year ago, but they know nothing about this, my hubby was just angry why will someone sit behind a table and tell you that you are not with your wife. and never a day we have been separated for the 2yrs we have been together, we are just like 5&6, he has no friend, I am his only friend, his family and wife.

There was even a 6days marriage on the paper of recent, they got married and separated within a 6days, if the person was a non eea, they will say it is a sham. I got married before Katy Price and Alex Reid; they have already separated for a very long time, if Ales Reid was from non eea the marriage would have been sham.

All this shit destroys peoples in genuine marriage. Since I was born as a woman I have never met a man like my hubby, he is Amazing.

Thank you again for your advice.

[Punjab]

morning

whats just like 5&6 i heard about 69 hehe sorry couldn't stop my self..

anyways your case is clear and with your cover letter to HO explaining everything and going throuh OIS you shouldn't have any problem.

Best wihes

[irene_hamm]

morning

whats just like 5&6 i heard about 69 hehe sorry couldn't stop my self..

anyways your case is clear and with your cover letter to HO explaining everything and going throuh OIS you shouldn't have any problem.

Best wihes

Punjab
What a funny man you, he wont like 69 but prefair 66, what a traditional man lol.
Thanks for the advice.

[Punjab]

morning

whats just like 5&6 i heard about 69 hehe sorry couldn't stop my self..

anyways your case is clear and with your cover letter to HO explaining everything and going throuh OIS you shouldn't have any problem.

Best wihes

Punjab
What a funny man you, he wont like 69 but prefair 66, what a traditional man lol.
Thanks for the advice.

ha ha yes he sure is a traditional man...

[irene_hamm]

I asked a question ealier but no one seems to answer me if that is right. In the letter we recieved from the judge to apply to the higher tribunal, the judge said that, the lower court was right to refuse my hubby a resident permit under eea regulation 12.
But we did not apply for a residence permit, we apply for a residence card under community law of eea regulation 17. Is this not an error of law, because when we read the case law they were using is a case law regarding resident permit. But at no time we have mention permit for them, my hubby is here with me in the uk, resident permit is for those that want to enter not for those already in. Pls can someone clearify this for me under eea law.

[nonspecifics]

From what you say, there does seem to be a mix-up in what you said you applied for: a residence card.

What you said they made the decision about: I think you mean family permit.

That does indeed seem to be an error.

However, when re-considering a case they will consider what are errors and what are material errors.

In layman's terms: an error could be anything from a spelling mistake or quoting the wrong piece of legislation, but the Tribunal still came to the correct decision as they correctly judged the case on the evidence presented.

A material error is a significant and important error that could affect the decision in a case.

We don't know what evidence you presented and what the full deliberation and decision was, so we can't give opinions if that is a simple error or a material error and that your case was wrongly judged.

At the end of the day, that would be for another tribunal or court to decide.

[newbieholland]

Hi Irene,

Here is my two cents , I am not an expert but I hope it helps.

I feel you should withdraw the appeal and reapply with a strong cover letter explaining the last rejection and informing HO that you are adding new evidence.

Also found this on UKBA site which you can mention in your application clarifying that UKBA needs to provide an evidence to their claim rather than merrily saying it is a marriage of convinience.
3.4 Key points
The burden of proof is on the Secretary of State

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The member state has rights to refuse your application due to the lack of evidence provided and you can not do much about it. I am not sure if you can add extra documents during your appeal so the best bet is to reapply.

[irene_hamm]

Thank you so much for the advice, the worst thing about the case was that, the judge, judge the case as saying, it is suspicuous not fact, because we did not give more evidence, but we are there at the court, HO is not there and the judge did not cross examine us, my husband and i was not ask any question in the oral interview, 10min case, as the judge just err to the law even with paper evidence we presented bcus our solicitor said it was not a requirement that HO have no evidence, nothing against us just said they deem. And looking at the other judge decsion, the judge letter was as if my husband is not here in uk and say we apply for family permit but whereas we apply for a residence card under community law. We have now apply to the higher tribunal direct but have not heard from them, solicitor said if we are allowed then we will ask for permition to add new evidence to the case. Now we have almost 50 new evidence including if the solicitor add it.

[irene_hamm]

Pease one more question.
we are thinking of making a fresh application, i just want to know if this really help, we have document to prove cohabitation for more than 2yrs and we are married for more than 1yr, will the evidence of the cohabitation help our case apart fron beign married?
Part of the evidence is a document my hubby received from the HO in its former application under immigration rule.

[Punjab]

Morning Irene

When you will make a fresh application then do include a cover letter and be up to the point explaining what happend to you guys mentioning what the lawer did.

you can send proof of utility bills any bank accounts with both names on them your and your partner anything which proof that you both live in same address liek GP details or letter saying youb oth are registerd to xxx GP etc.

Your case is simple just you were misslead by your lawer.

best wishes