Dont give up to "Love" (spouse visa)

[hello_kitty]

I had been reading many stories from this forum since the past 1 year. Today I am writing my first thread because I want to share my story with all the people out there.

I went to UK at 2003 on a tourist visa but I was convicted of fraud and sentence to 1year imprisonment. My tourist visa inventually expired due to my time serving in prison. I was a foolish girl at that time and desperate for money to survive. I went home after finished my sentence.

I met my boyfriend a UK citizen. On Aug-2006, we went to holiday at france and he invited me to his home at uk. But the Immigration officer refuse my entry. I was so sad and thought we wouldnt be together as I couldnt get in to uk. I told him I was a convict and he wouldnt mind my pass. He wanted to marry me.

I tried to apply for tourist visa at UK Embassy (Kuala Lumpur) on Oct-2006 and refused again. He then flew to my country to marry me on Jan-2007. I applied for spouse visa on March-2007 and May-2007 they refuse my spouse visa application.

According to this website I did my homework and send in all the supporting documents. ECO believe we wasnt on marriage on covenience but just wouldnt satisfy that they could feel compasionate to my previous conviction. I lodge an appeal at UK and waited for HELL 7 months to go to court. . At first my solicitor told me it will take 3-4mths but ...7mths!!

My husband hired an experience Solicitor. We paid £2,500 for the solicitor and we won the appeal on December-2007. We won due to EU Human Rights Article8 (private & family life). My husband told me, our Solicitor was so good. The officer who represent Home Office was sitting there like a dummy for the past 2hours. Last week, I got a letter from the judge that he except our appeal and the refusal of ECO will be withdrawn.

Just need another week to see if Home office wanna appeal, probably they wont. If they wont appeal, wait for Home office to send the confirmation letter to UK Embassy in my country. I hope everything goes well and I will get my passport stamp soon. Can anyone tell me how long it gonna take?

I want to share my story to tell everyone out there dont give up! I failed few times but I never gave up. Everytime I was refused, my heart broke and I cried. But because of Love, it hold me till this moment. My case is one of those impossible and I had won..why would u guys give up if I can do it.

[eutavene1]

I would like to say congratulations on your victory and to let you know that your post was very insperational to me, my husband and I are in the same boat he got denied just before xmas me and our son were so sad , we missed our appeal deadline by a day so we will have to send in another application for it to deny again I guess, and than we can appeal so after reading your post I no I should not give up and continue to put my faith in the almighty ......

[hello_kitty]

Guys out there who fail for the interview, i would recomend u all to lodge for appeal because from my experience, the officer represent Home Office at the court wouldnt be as professional as our Solicitor. Make sure u choose a good & professional Solicitor as this is just a one time chance. There is a lot of things the ECO wouldnt have time to consider and look into it. ECO are just immigration officer, not law professionals.

At my court appeal, the Home Office representative just ask my husband the same old question. Why u love your wife? Why u marry her? etc.....All those had already been asked question. The judge just ask him to stop. They just wouldnt be as professional as solicitor telling the judge about human rights. My solicitor just stand there 40minutes talking about what article & who vs. who

[ClaireM]

Thank you for writing this it has really helped me when I am so down. My husband was just refused his visa to return to this country as my husband last week (we got married on New Year's Eve) and my whole world has been destroyed, I am seeing a solicitor on Tuesday and I hope she can sort it out. Do you have any ideas about how to know if the solicitor is good or not?

[MSS]

This is a nice story to hear - my husbands appeal hearing is 2 months away, but unfortunately I cant afford to hire a solicitor as they ask for so much money, and it is money I dont have, so I am extremely worried about what will happen. Im glad your husband hired a good solicitor and you won your case.

[hello_kitty]

Back to the question ClaireM asked. How to know if the solicitor is good or not? When my hubby first met our Barrister at his office, he was like rushing and had little time for our case. Maybe because the pay wasnt much after my Solicitor & Barrister Firm took their part and my Barrister probably just get very little. My hubby agree to pay him extra for extra work which eventually he did more preparation before going to court. I think all is just because of money. U get what u pay. Money is not everything, but its something when u really need a favour.

[Sin]

Hi Kitty...!

I approached these ones a month before i applied for my spouse visa cause they are damn good. The only thing that made me not to go with them were their fees (£2.500 if application goes to court) knowing that my case was not complex so idecided to do it on my own.

Read through their website especially the news and articles including cases they've won against HO. If money is not a problem invest in them.

http://www.gherson.com/

Best of luck!

[Patience]

Good to hear your case Kitty.Congrats.

I am in the same boat.My solicitor advised me using article 8 and the right to family life can overshadow any other criminal conviction especially if it is below 12 months.The ECO always fail to correctly apply the ruling as far as criminal convictions are concerned.They have to take into account the particular case,family rights/life and ties before making a decision.They have the chance of even seeking assistance from senior officers back in the UK in the process of their administration....but they always ignore that route and just make a hasty decisions.The loop holes are all opened in an appeal where the Solicitor carefully dissects them while the H.O. representative sits there like an idiot, backing the idiotic decision on his colleague.

Kitty I would like to have a reference to your case if you do not mind.My solicitor must find it helpful if my case has to go to an appeal.You can PM if you have to.

Thanks for your support.I found your post very encouraging!Good luck in your marital life and like to you, we should never give up when LOVE is concerned.