Appeal with the upper tribunal

Hi Guys

I am new here I think I may have posted a while back but can’t remember. But hi anyway and sorry in advance for such lengthy post.

Right here goes. I married my Turkish partner in Jan 09 and applied for a settlement visa in Jan 09 also. My husband was an overstayer and he had worked while he was here. While he was working he got caught and was removed from UK.

They refused our settlement visa on the grounds of his immigration history and him working here illegally etc etc. Also they didn’t believe our relationship was real as not many pics.

We now have a daughter (14 months old) who he has never met.

We went to appeal on Jan 2010, and this too was refused. We then appealed against this and I have just been to our second appeal at the Upper Tribunal as there was an error of law.

The Judge said at the start she was preliminary satisfied with everything the home office rep then went on to ask if it can be dismissed again as my husband had ignored immigration rules and so did I. But the judge had said she is happy that our relationship was real. The Judge wasn’t giving anything away at all, she didn’t really ask me much questions, the Home office Rep was the one asking me everything. She kept on saying that I could move there. This isn’t an option as our daughter has horrific eczema and can’t cope with heat and this is one of the reasons I haven’t been back to turkey. (Amongst other things) She asked if there was medical proof, and of course every Dr letter she had there.

My problem is, can they refuse it because they think I can move to turkey. The Judge had already said she was happy with everything, and she would have read the bundle my solicitor send and the last judges determination surely.

Sorry to blurt this all out on my first post but I was just hoping someone could shed some light on this for me.

many thanks

Melanie

Yes it is possible that the judge might agree with the Home Office and say to you that it is possible for you to live with your husband in Turkey to near enough the same standard of living in the UK, unless you can convince them otherwise.

By the way the warm weather is really good for your child eczema. I have had the same problem with grandkids. Unfortunately it starts again as soon as they come back to UK

Thanks for your reply

Its scaring the life out of me taht they can refuse it on this. My husband done wrong and worked here while overstaying bu this proves he can work here. I dont speak Turkish, he lives where there are NO english people at all. I am not muslim. I have no ties to Turkey at all. NOTHING apart from my husband. I would never be able to work, the list goes on and on as to why it would be better all round for him to come here. My Dr had even written a letter with all the medical reasons in it.

Surely they will see it this way?

Oh and the sun here makes my daughters Eczema very very bad... it blisters and she cant stop scratching.. My Dr agrees that taking her in the heat there wouldnt be a good thing to do. My friends daughter is the other way the sun helps hers.

Melanie

Sorry i forgot to add that he has a job offer and the Judge also accepted that.

Wont all of these factors mean it is better for him to return to his family than for me to leave everthing i have ever known to move to a strange country.

Melanie

Everything including what you say and I said will be taken into consideration before a decision is made. I was merely poiting out that what I said is a possibility.

I hope for your sake it doesnt come to that.

Good luck and I hope you are succesful

Thanks for your quick reply's,

Its just a worry thats all. I think it went better than the first appeal hearing, just felt better, i didnt get asked as many questions.

thanks again

melanie