Husband's Appeal Won! What Next?

leiney · Post by **leiney** » Tue Aug 14, 2007 7:51 pm

Hi everyone

I recently went to court to appeal aginst my husbands refused entry clearance and we have just heard from my solicitors that the appeal was succesful.

My husband and I married in 2004 and lived together in the UK he is from Malaysia and was given a 24 month residency. We lived together happily until he went to spain for a week with a friend and was refused entry to the UK in Jan 06 as it was claimed that a previos student visa in his passport was fraudulent, despite the fact the home office had since issued him a marriage visa.

He was deported the same day and I have been fighting to get his re enty clearance ever since.

After two faild applications we decided to appeal the second one and have just recieved confirmation that we have won.

I understand that the home office have five days to appeal against this decision i cant see this happenin as they didnt even turn up for the hearing. Then the papers are sent to the embassy in Kuala Lumpur to issue my husbands visa. This part of it worries me as the ECO was so awful to my husband in his interview i am scared he will again try to stop my husband's visa as he may not be happy with his decision being overturned. I am also wondering if we will have to show any further documentation or if they will want to trawl through are bank statements again etc.

I would appreciate anyones advice or knowledge on this as we have been through so much and hopefully approching the end of this dreadful situation.

Thanks

Milena

LUCKY1 · Post by **LUCKY1** » Wed Aug 15, 2007 12:47 pm

after 5 days they will contact ur solicitor for ur passport or pictures to issue papers . i tink u have nothing to worry

leiney · Post by **leiney** » Wed Aug 15, 2007 12:55 pm

thanks for taking the time to reply. Did u get your visa issued now Lucky?

LUCKY1 · Post by **LUCKY1** » Wed Aug 15, 2007 1:21 pm

no i been told that it takes abt 3 months for home office to get ur visa

leiney · Post by **leiney** » Wed Aug 15, 2007 2:07 pm

Wow i cant believe how long they manage to drag everything out for.

avjones · Post by **avjones** » Wed Aug 15, 2007 2:16 pm

Hi - I'm afraid the likelihood of them applying for reconsideration isn't related to whether they sent a HOPO to the hearing or not - different departments.

Having said that, they can ONLY apply for reconsideration if there is a material error of law, not just if they don't like the result, so don't panic!

leiney · Post by **leiney** » Wed Aug 15, 2007 3:38 pm

What constitutes an error of law?

avjones · Post by **avjones** » Wed Aug 15, 2007 7:54 pm

An irrational decision on the facts, taking into account factors which aren't material, failing to take into account relevant facts, applying the wrong standard of proof, applying hte wrong paragraphs of the Immigration Rules - that's far from an exhaustive list, but a few example.

LUCKY1 · Post by **LUCKY1** » Wed Aug 15, 2007 8:18 pm

i won mine on immigration grounds, HO had 5 days to appeal is 2 weeks now
so i tink am in clear hopefully

avjones · Post by **avjones** » Thu Aug 16, 2007 12:59 am

They don't send the grounds to you, but to the AIT directly. Who then send you a copy of the decision. That takes many weeks or a few months, sometimes. But it's unlikely.

IMMIGRATION LAWYER · Post by **IMMIGRATION LAWYER** » Thu Aug 16, 2007 7:43 pm

Your representtaive will have to contact the AIT after 5 working days since the deemed date of serving the determination. If there is no objection from the Respondent/HOPO, your representative should write to the HOPO, UK visas and send a copy of the representation to the Brtish Embassy/High Commission, who issed a refusal. By law it is 56 days they can wait until they would be attemping to issue a visa, but with proper and yimely representations I get the visas for my clients in about 3 weeks from teh date of determination.

Good luck with your appeal. Well done !

leiney · Post by **leiney** » Fri Aug 17, 2007 10:26 am

Thanks everyone for taking the time to reply. Guess i will just have to wait it out.

leiney · Post by **leiney** » Mon Sep 03, 2007 12:36 pm

Well we got confirmation from our solicitor's today that the home office are not challenging our appeal. We just have to wait for everything to be sent over to the embassy in Kuala Lumpur. Is there any other possible obstacles?

leiney · Post by **leiney** » Fri Oct 05, 2007 2:50 pm

Hi everyone,

Just wanted to update you all. My husband got his visa today after two years of fighting it has finally all come good. Thanks for everyones help on here and good luck to anybody else having immigration problems. Never give up hope!

SMOOTH OPERATOR · Post by **SMOOTH OPERATOR** » Fri Oct 05, 2007 3:52 pm

leiney wrote:Hi everyone,

Just wanted to update you all. My husband got his visa today after two years of fighting it has finally all come good. Thanks for everyones help on here and good luck to anybody else having immigration problems. Never give up hope!

so wot sort of visa did they issue him with this time and how long is it valid for, as they have messed up with his spouse visa's clock of 2 yrs.

leiney · Post by **leiney** » Fri Oct 05, 2007 5:00 pm

Just given him another 2 year spouse visa.

SMOOTH OPERATOR · Post by **SMOOTH OPERATOR** » Fri Oct 05, 2007 8:47 pm

hope he did not pay 4 it

leiney · Post by **leiney** » Sat Oct 06, 2007 10:27 am

No he didnt have to pay for it.

Post by **John** » Sat Oct 06, 2007 11:33 am

My husband got his visa today after two years of fighting it has finally all come good.

Many congratulations that the visa is finally in the passport. Now get back to enjoying life together in the UK.

avjones · Post by **avjones** » Sun Oct 14, 2007 4:46 am

Congratulations!

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Husband's Appeal Won! What Next?

Husband's Appeal Won! What Next?

appeal won