First tier tribuneral- Appeal allowed???

[stacey1]

Hi , i recently had an appeal heard at the first tribuneral.I was in there less than 15 minutes when the judge decided that the Home Office had made an error and hadnt taken into consideration the fact i have a step daughter and baby on the way.Under the children's act they legally have to take this into account when issuing visa's.I am marrie dand have been for 2 years now but been with my british wife over 3 years living together.
I received the judgement in writing saying that the appeal has been allowed in respect that the Home Office havent taken these facts into consideration.It has been refered back to them.It has now been 8 weeks and i havent heard from the Home Office.Ive tried to call them but the number just rings then cuts off.Ive tried emailing them but with no luck.My representative is useless and never keeps me informed of anything , does anyone know if the Home Office will write directly to me or her? How long should it take? Does this mean i should be granted my visa now or?
Any help or advice would be greatly appreciated

[batleykhan]

Hi , i recently had an appeal heard at the first tribuneral.I was in there less than 15 minutes when the judge decided that the Home Office had made an error and hadnt taken into consideration the fact i have a step daughter and baby on the way.Under the children's act they legally have to take this into account when issuing visa's.I am marrie dand have been for 2 years now but been with my british wife over 3 years living together.
I received the judgement in writing saying that the appeal has been allowed in respect that the Home Office havent taken these facts into consideration.It has been refered back to them.It has now been 8 weeks and i havent heard from the Home Office.Ive tried to call them but the number just rings then cuts off.Ive tried emailing them but with no luck.My representative is useless and never keeps me informed of anything , does anyone know if the Home Office will write directly to me or her? How long should it take? Does this mean i should be granted my visa now or?
Any help or advice would be greatly appreciated

If your appeal has been allowed and the Home Office have not appealed against the decision,then yes you will get a visa. The Adjudicator will have sent a copy to the Home Office, who will then have to inform the post where you were refused, to issue the visa.

They would normally write/phone the applicant to bring their passport for the visa to be stamped.

This procedure can vary in time depending which post you applied ( eg in India/Pak can take 3-4 months). I suggest that you contact the post where you applied rather than home Office, as the delay is usually at the post ( or handling agents)where you applied finding the time to write to you to ask you to bring passport in for visa to be stamped.

[Greenie]

Hi , i recently had an appeal heard at the first tribuneral.I was in there less than 15 minutes when the judge decided that the Home Office had made an error and hadnt taken into consideration the fact i have a step daughter and baby on the way.Under the children's act they legally have to take this into account when issuing visa's.I am marrie dand have been for 2 years now but been with my british wife over 3 years living together.
I received the judgement in writing saying that the appeal has been allowed in respect that the Home Office havent taken these facts into consideration.It has been refered back to them.It has now been 8 weeks and i havent heard from the Home Office.Ive tried to call them but the number just rings then cuts off.Ive tried emailing them but with no luck.My representative is useless and never keeps me informed of anything , does anyone know if the Home Office will write directly to me or her? How long should it take? Does this mean i should be granted my visa now or?
Any help or advice would be greatly appreciated

If your appeal has been allowed and the Home Office have not appealed against the decision,then yes you will get a visa. The Adjudicator will have sent a copy to the Home Office, who will then have to inform the post where you were refused, to issue the visa.

They would normally write/phone the applicant to bring their passport for the visa to be stamped.

This procedure can vary in time depending which post you applied ( eg in India/Pak can take 3-4 months). I suggest that you contact the post where you applied rather than home Office, as the delay is usually at the post ( or handling agents)where you applied finding the time to write to you to ask you to bring passport in for visa to be stamped.

I think you'll find OP is in the UK.

Also by the sounds of it, the appeal was allowed on the basis that the decision was not in accordance with the law, and has been remitted to the UKBA to make another decision, taking into consideration the OP's family life. this doesnt mean OP will definitely get the visa- it just means that UKBA have to consider OP's family life with step daughter and unborn child. They could still potentially refuse the case again, but explain why they think this does not disprorionately interfere with the OP's family life.

Also - and sorry to be pedantic - but adjudicators no longer preside in immigration appeals - it is immigration judges (adjudicators went when the IAA became the AIT in 2005.)

OP do you know if your solicitor has sent a copy of the determination to the relevent casework team at UKBA?

[stacey1]

Hi thank you for your replies yes i am in the uk,sorry i should have mentioned this!
To be honest my solicitor is useless and im always having to case her up for anything however in court she was great.When we were in the court room the Home Office representative looked so ashamed and admitted all this was at fault of the Home Office, as id applied for LTR as a spouse but was refused as they didnt believe we were a couple (even though we sent enough documents to sink a ship and many witness statements) as i said we have been living together over 3 years and married for 2 years.The home office admitted in court that they did believe we were a genuine couple and this was another error.They havent appealed the case and now the time to do so is over.So you think i could still be refused? If this occurs,can i go back to court? I have worked the whole time ive been here (over 6 years now) until i was refused,my visa ran out and ive had to sit here idol all this time while the home office drag all this out.My wife is having to support me and she is pregnant.Its awful,ive never been out of work before and never had to rely on anyone! This has been so dragged out.What do you think my chances are of being granted the visa,the fact i have lived with my step daughter for over 3 years and have a baby due in august this year? Im so fed up with this waiting and not knowing.Its a huge stress on my wife also :-/
Sorry to answer your question,as far as i know my solicitor hasnt sent anything to the home office with regards to the judgement.As i said she is useless and has to be chased up constantly :-/
Any suggestions on what to do next? Its now been 8 weeks since judgement date.

[batleykhan]

Sorry about that, I should have read the post more carefully

[stacey1]

No problem i should have explained better , just so stressed and trying to make a long situation short lol

[geriatrix]

Hi i recently went to the appeal court (IAC) with my immigration case.I am married,have a step daughter and baby due next month.The judge determined that the Home Office didnt take into account my situation properly due to the Childrens Act 2009 ,where children have to be taken into consideration in cases.So it was pasted back to the Home Office to deal with.
I cant believe how useless the Home Office are! I was passed to a new solictor from my old one as she has a very good track record of appeals.She did all the paper work for court and has been corresponding with the Home Office.I had a phone call yesterday from my old solictor saying that the Home Office had sent them a letter requesting our passport photos :-/ When they are fully aware its a new solicitor dealing with my case.
Anyway i just wondered if anyone knows,does this mean i have been granted my visa?The fact they are asking for my passport photos and my wifes? They had some from when i applied for my visa 1 year back,could they not have used those.
Just wondered if anyone knows if this means my visa has been accpeted?
Regards and thanks