Permission to Appeal (Upper Tribunal)

[doctorsholly]

Hello guys, please does anyone have any update on how long it now takes to receive permission to appeal to upper tribunal ? It's now been 8 weeks since we received acknowledgement and still haven't heard anything yet.

Also I now have a change of circumstance after we attended FTT; my partner is British, we are legally married here in the uk for 4 yrs plus, and recently we had our first child, would it be advisable to inform the HO about this change of circumstance or should I just wait until we hear from Upper Tribunal ?

The reason why the FTT dismissed the appeal was because they claim there was no insurmountable obstacle; even though my wife was heavily pregnant at the time we went to court.

Please I need advise.

Thanks.

[CR001]

What application did you make that was refused?

What is your full UK immigration history?

[doctorsholly]

Thanks CR001,

First application: FLR (M) was refused bcos of financial requirement, appeal dismissed bcos FTT judge found some descrepiamcies in our answers during cross examination.

Second application: FLR (FP) bcos I had no more leave to remain. In the application we tried to address all the descrepiancies but HO refused app on the basis of FTT determination, so therefore my marriage is not genuine.I was detained and handed refusal same day with out of country appeal.

Then I was realeased on bail with an in country right of appeal.

2nd time in Tribunal: HO refused to turn up, IJ allowed the appeal on the basis that HO should make a new desicion and made it clear that they had no reason to doubt genuiness off marriage.

HO then accepts that marriage is genuine but still refused on the basis that there is no insurmountable, but refusal came with in country right of appeal.

Third Time in Tribunal: IJ supports HO, saying there was no insurmountable, wife was 7 months pregnant at the time of hearing.

Now we have put in app for permission for upper tribunal, 8 weeks now and still waiting.

[CR001]

What is your full UK immigration history?

[doctorsholly]

Arrived uk 2010 on a 3 yrs student visa. Visa expired with HO when I made first FLR M app in 2013.

[doctorsholly]

Jan 2010: Arrived uk 2010 on study visa.

Feb 2010: Met my spouse.

Dec 2012: Applied FLR M.

March 2013: Study visa expired.

April 2013: FLR M refused with right of appeal ( refused for financial requirement)

Sept 2013: Appeal disnissed ( because of descrepiancies )

April 2014: Fresh FLR FP app ( with reasons/explanations about descrepiancies )

Nov 2014: FLR FP refused with out of country appeal, reason... because of the descrepiancies at the tribunal, so therefore HO says mariage is not genuine. ( was detained same day decision was issued)

Nov 2014: JR. Released on bail with in country right of appeal.

Aug 2015: Appeal allowed on the basis that HO make a new lawful decison.

Feb 2016: HO made a new decision, they now accept that marriage is genuine but they refused app bcos there is no insurmountable obstacle. (With in country right of appeal)

Dec 2016: Appeal dismissed because of insurmountable obstacle.

Jan 2017: Applied for permission at upper tribunal.

March 2017: still waiting....

[Obie]

Well being Pregnant may not be considered as Insurmountable Obstacle. I don't know why your lawyer is of the view that it is.

Chikwamba may be engaged, but it does not mean that insurmountable obstacle exist.

[doctorsholly]

Hello guys, please does anyone have any update on how long it now takes to receive permission to appeal to upper tribunal ? It's now been 8 weeks since we received acknowledgement and still haven't heard anything yet.

Also I now have a change of circumstance after we attended FTT; my partner is British, we are legally married here in the uk for 4 yrs plus, and recently we had our first child, would it be advisable to inform the HO about this change of circumstance or should I just wait until we hear from Upper Tribunal ?

The reason why the FTT dismissed the appeal was because they claim there was no insurmountable obstacle; even though my wife was heavily pregnant at the time we went to court.

Please I need advise.

Thanks.

[doctorsholly]

Should I update the HO about the change of circumstances or just wait for the upper tribunal permission ?

Jan 2010: Arrived uk 2010 on study visa.

Feb 2010: Met my spouse.

Dec 2012: Applied FLR M.

March 2013: Study visa expired.

April 2013: FLR M refused with right of appeal ( refused for financial requirement)

Sept 2013: Appeal disnissed ( because of descrepiancies )

April 2014: Fresh FLR FP app ( with reasons/explanations about descrepiancies )

Nov 2014: FLR FP refused with out of country appeal, reason... because of the descrepiancies at the tribunal, so therefore HO says mariage is not genuine. ( was detained same day decision was issued)

Nov 2014: JR. Released on bail with in country right of appeal.

Aug 2015: Appeal allowed on the basis that HO make a new lawful decison.

Feb 2016: HO made a new decision, they now accept that marriage is genuine but they refused app bcos there is no insurmountable obstacle. (With in country right of appeal)

Dec 2016: Appeal dismissed because of insurmountable obstacle.

Jan 2017: Applied for permission at upper tribunal.

March 2017: still waiting....

[adeelishaq786]

how did you manage to get in country appeal, as they gave you out country appeal with request to leave country as soon as possible, did you do PAP and JR to give you in country appeal?

[doctorsholly]

I did JR, they asked that I withdraw so they could make a new decision, then they refused with an in country right of appeal.

[adeelishaq786]

so in your pap they didn't reconsider.. in your JR you asked them to give you in co untry appeal thats the only thing you challenged which they requested you to withdraw so they can reconsider?
and also how long it took in JR.. for them to reconsider... or was it PAP stage where they agreed to reconsider...

[doctorsholly]

The initial decision had come with a certification, and also I was detained after the initial refusal. So I put in JR to challenge the certification, they then asked that I withdraw the JR and they promised to withdraw the certification, then they will reconsider the decision and then make a new decision. So after I withdrew the JR , they made a new decision which was a refusal and that automatically came with an in country right of appeal.

[adeelishaq786]

so did they agreed to consider on Pre actional protocl stage or later? and what sort of ground were raised which HOME office agreed to reconsider that they did mistake by giving out of country certification?

Thanks

[doctorsholly]

Yes they did accept on PAP stage, I think my lawyer argued that I had a British wife which we are married and I have a valid HR claim

[doctorsholly]

Jan 2010: Arrived uk 2010 on study visa.

Feb 2010: Met my spouse.

Dec 2012: Applied FLR M.

March 2013: Study visa expired.

April 2013: FLR M refused with right of appeal ( refused for financial requirement)

Sept 2013: Appeal disnissed ( because of descrepiancies )

April 2014: Fresh FLR FP app ( with reasons/explanations about descrepiancies )

Nov 2014: FLR FP refused with out of country appeal, reason... because of the descrepiancies at the tribunal, so therefore HO says mariage is not genuine. ( was detained same day decision was issued)

Nov 2014: JR. Released on bail with in country right of appeal.

Aug 2015: Appeal allowed on the basis that HO make a new lawful decison.

Feb 2016: HO made a new decision, they now accept that marriage is genuine but they refused app bcos there is no insurmountable obstacle. (With in country right of appeal)

Dec 2016: Appeal dismissed because of insurmountable obstacle.

Jan 2017: Applied for permission at upper tribunal.

March 2017: still waiting....

please does anyone have any update on how long it now takes to receive permission to appeal to upper tribunal ? It's now been 9 weeks since we received acknowledgement and still haven't heard anything yet.

Also I now have a change of circumstance after we attended FTT; my partner is British, we are legally married here in the uk for 4 yrs plus, and recently we had our first child, would it be advisable to inform the HO about this change of circumstance or should I just wait until we hear from Upper Tribunal ?

The reason why the FTT dismissed the appeal was because they claim there was no insurmountable obstacle; even though my wife was heavily pregnant at the time we went to court.

Please I need advise.

Thanks.

Top

[dilse4srk]

Jan 2010: Arrived uk 2010 on study visa.

Feb 2010: Met my spouse.

Dec 2012: Applied FLR M.

March 2013: Study visa expired.

April 2013: FLR M refused with right of appeal ( refused for financial requirement)

Sept 2013: Appeal disnissed ( because of descrepiancies )

April 2014: Fresh FLR FP app ( with reasons/explanations about descrepiancies )

Nov 2014: FLR FP refused with out of country appeal, reason... because of the descrepiancies at the tribunal, so therefore HO says mariage is not genuine. ( was detained same day decision was issued)

Nov 2014: JR. Released on bail with in country right of appeal.

Aug 2015: Appeal allowed on the basis that HO make a new lawful decison.

Feb 2016: HO made a new decision, they now accept that marriage is genuine but they refused app bcos there is no insurmountable obstacle. (With in country right of appeal)

Dec 2016: Appeal dismissed because of insurmountable obstacle.

Jan 2017: Applied for permission at upper tribunal.

March 2017: still waiting....

please does anyone have any update on how long it now takes to receive permission to appeal to upper tribunal ? It's now been 9 weeks since we received acknowledgement and still haven't heard anything yet.

Also I now have a change of circumstance after we attended FTT; my partner is British, we are legally married here in the uk for 4 yrs plus, and recently we had our first child, would it be advisable to inform the HO about this change of circumstance or should I just wait until we hear from Upper Tribunal ?

The reason why the FTT dismissed the appeal was because they claim there was no insurmountable obstacle; even though my wife was heavily pregnant at the time we went to court.

Please I need advise.

Thanks.

Top

Hi did you hear anything back yet, i have sort of similar case to you and i am waiting for my hearing in FTT and my change of circumstances is that i will be becoming father Inshallah in october 2017 and i am guessing my hearing date will be in januray 2018. What were the insurmountable obstacles you put infront of judge because this is what we have to prove, the only refusal home office put in my application is my british wife does not have insurmountable obstacle to relocate with me to my home country

[doctorsholly]

Hello Dilse4srk, I pray you become a father soon by God grace. In my case I had threat from back home which I put as insurmountable with evidence but judge dismissed it, I just don't know what weight the baby will add to the case now at the upper tribunal, by God grace we get permission soon bcos I still haven't heard from them.

[dilse4srk]

Hello Dilse4srk, I pray you become a father soon by God grace. In my case I had threat from back home which I put as insurmountable with evidence but judge dismissed it, I just don't know what weight the baby will add to the case now at the upper tribunal, by God grace we get permission soon bcos I still haven't heard from them.

In your case i am guessing the child is born after the FTT hearing and at that time the child was not classified as british becuase the child was not born then. I hope things goes smoother for you. i was reading few articles that judges should look into the best interest of child but not sure whether they will give importance to new born british child (in my case)

[doctorsholly]

Yea you are right, our child hasn't arrived yet when we went to the FTT, but hopefully you should be fine since baby would have arrived before you go for the hearing.

[dilse4srk]

Yea you are right, our child hasn't arrived yet when we went to the FTT, but hopefully you should be fine since baby would have arrived before you go for the hearing.

I think nowi am in same situation as you are. As i have court hearing date 1 week before the due date of the baby. Since my hearing is about 3 hours drive so it will physically impossible for my wife to travel this far and it will be risky, so we are thinking to ask for adjournment . Lets see what the judge say

The slight worry is , i am not sure when the next hearing date will be. After waiting 10th months i finally got hearing for oct which will likely be rescheduled and since the baby wont be born at the time of hearing.

I hope it all goes well. Whats the news at your end

[doctorsholly]

It all depends on the judge, if it's a good judge, he/she might put the pregnancy into consideration and allow appeal. On our day, judge was biased and just too harsh.

Unfortunately, it now 5 months and still no new regarding permission to appeal. Waiting game continues. Wish you all the very best on the arrive of your bundle of joy.