3 years battle with HO paid off

[sha_80]

Hello guys. I have put my case here before so very briefly explain it again.
I applied my resident card application in Jan 2012 and got refusal in may 2012 .Went for appeal and got refusal there too. Went for appeal in upper tribunal but got refusal there too. Made fresh application In Dec 2012 got refusal in Jun 2013 .Went for appeal and had very long hearing with loads of questions and arguments.We just received letter from tribunal about allowing our appeal.
We are very happy and thankful to GOD for the best result.
I said 3 years battle coz we applied for COA in Jan 2011.I have learnt from my experience if you are genuine then you don't need to worry and just explain everything in detail and to the point . I am lucky enough to have wonderful partner who has been there with me since day 1.
Thanks everyone for all the support and advice .
Cheers

[Grazia]

Many Congratulations Sha_80! That's fantastic start of 2014 I can imagine the relief after 3 years of frustration!
I have appeal hearing soon regarding my PR and don't know what to expect. Could you please share your experience with me and give some tips and advice before I go there?
1. Are the questions during hearing related to the cause of refusal the HO send in the decision letter or it can be anything?
2. Will they tell me about the appeal decision after the hearing or they will send me a letter after some time?
3. If I'm unsuccessful and have to appeal again, do I have to pay the court costs again?
Many thanks & Best Wishes

[sha_80]

hi grazia . I have just inbox you .I would be happy to help you and share my experience .

[Favour100]

Sorry to come in here, why dont you send out for other users to benefit from it, instead of inbox, anyway enjoy ur RC and stay bless

[Grazia]

hi grazia . I have just inbox you .I would be happy to help you and share my experience .

I haven't received anything into my inbox.

[sha_80]

sorry guys.
everyone has got individual reasons for refusal mine was " marriage of convenience". As I mentioned earlier this was my second hearing and it was an up hill battle for us coz HO and previous judge had already made their minds up about that. So according to my experience you do need to keep following points in your mind.
1 ) You do need to have very strong solicitor who could argue on your behalf. I lost my first hearing coz my solicitor let me down there.
2) Paper work is way to important in cases like mine, so prepare loads of documents.
3) Take your friends and family as witnesses.
4) You should know everything about your partner and your partner should know everything about you.Try not to ignore that.
5) Get ready for all sorts question. It does not matter if they are related to your reasons of refusal or not.
Tip, whatever documents you will send to court the questions will be asked from there coz HO representative read everything
you send and make questions from there. For example, I sent my wedding pix and I am wearing ring in it but I was not wearing
ring during hearing so I was asked "why I am not wearing ring right now?".
6) Don't be shy and Speak up .Your answerer's should be to the point and brief.
7) Photographic evidences are very important.
HO representative will ask you questions like you are criminal but make sure you are calm and relax.

you will get decision in 5 to 10 working days. you will have to pay court fee as well.
I hope this will help you guys. please feel free to ask any question.
cheers

[Grazia]

Thank you so much sha_80, that is really helpful!
Reading your post I realized that it is the HO representative who ask you the questions and runs the investigation, is that correct? And what is the role of the judge, just listen and make a decision at the end?

Thanks again sha_80 for sharing your experience, I really appreciate that!

Below just brief summary of my situation just in case somebody in this forum is interested: I'm EU citizen living in the UK from May 2004. Applied for PR in June 2013, was refused in September 2013, appealed and going for hearing in 2 weeks.
My reasons for PR refusal were lack of CSI and insufficient transactions or balance amounts to prove self-sufficient person.
HO failed to take under consideration that I didn't require CSI as almost the entire 5 year period I was a full-time student and applied for residence card being student before 2011 so I should be exempt from CSI.
The second reason is more complicated. It looks that as a student I am treated as self-sufficient person and need to provide bank statements for entire 5 year period. It is also tricky because there is no defined number of transactions or defined balance you need to have on bank account that makes you self-sufficient person. I provided them some statements but again they failed to take under consideration what was on it such as DD for rent, internet, kid's nursery etc.
Any comments and advise welcome!

[askmeplz82]

GRAZIA please stick to one thread. Wait for someone to reply on your own thread. No one is ignoring you

[Grazia]

Sorry if I seem to be a little impatient but I didn't mean to upset anybody. I'm still learning how this forum works. I don't feel I ask the same questions in every thread, I'm just trying to exchange my experiences with others and learn something more to understand and deal with my own case and as you probably noticed it got many layers. But I'll improve, I promise

[Grazia]

Sorry ) I'm afraid I'm confused with the way this forum works.

[sha_80]

I am sorry to hear about your situation.
I am bit confused here .You must be partner of an EU citizen.
I take it you are not taking any solicitor with you ?I would strongly recommend you to have solicitor.
As I said earlier provide as many as documents to prove if you full filling their requirements.
what understood here is you have been studying for last 5 years and you have been taking care of all expenses???
in that case they will ask you to provide information to prove you have been studying in last 5 years and you had money coming in to support yourself. If that is right then I think u will need to show CSI .On ukba website it clearly says if you have been student or self sufficient then you must need to show CSI .
In your case you are both coz I believe you have mentioned in your application that you have been studying and you are self sufficient .
http://www.ukba.homeoffice.gov.uk/eucit ... ealthcare/
You need to read all that and I would highly recommend you to go to solicitor for better advice.
AS long as hearing is concern HO representative will cross examine you and will ask questions.
The judge will only make notes and might want to confirm few things.

[Grazia]

Thanks a lot