ECAA Extension Appeal Pending - Fresh Application as Spouse

Thank you all for contributing to a forum like this. I have spent most of today to find out what the right information is only to realise that different solicitors suggest different things. I really hope someone here can clarify few things for me.

Nationality: Turkish
Visa Types in Question: ECAA Business Person (aka Ankara Agreement) and Spouse Partnership visa

I will first explain the legal side of the things in bullet points

- Came to the UK with Tier-4 Student visa
- Switched to ECAA Business Person (was granted at 13/8/2012)
- Applied for extension (normally 3 years) on ECAA Business Person (at 12/8/2013)
- It was refused after 6-7 months of document and letter exchanges
- Applied for the appeal immediately (First-Tier Tribunal)
- Appeared in front of the Judge this Wednesday, the 22nd of October.
- Expecting the outcome, Judge's decision, any time next week

In addition to above, I have been living with my British partner for almost 5 years. She earns over £31k/annum. We have all the evidence to prove our relationship and her income.

Foremost, I would like to confirm that, although the Judge's decision is reserved for now, I am fairly confident that my appeal will be dismissed. That is again all down to my stupidity in thinking that since I have been nothing but genuine in my application and conditions of stay, I would be able to represent myself without needing any legal representative or witness. Unfortunately, I didn't have the documents that the Judge asked - both proving that my business exists and that I am in a long term relationship.

What I would like to ask is what are my options? Further to my discussions with various solicitors, home office's call centre and even the respondent on the hearing (the home office representative/HOPO) has suggested that I apply through the Spouse Visa.

This is the point when trouble starts;

A) Can I apply as a Spouse before the Judge sends me her decision? Would it invalid/refused? Would I lose the fee in this instance?
B) As the hearing took place, I can no longer withdraw the appeal. However, would I be eligible to apply once I receive the Judge's decision? Bearing in mind that my visa had expired at August 2013.
C) Is it possible to use the Premium Service or not? GOV.UK states among many other categories including "Innovators and Entrepreneurs" that "Turkish Business Persons" are NOT eligible for the premium service. However, if my appeal is dismissed and I get only 28 days as the "grace period" in which I can apparently make a fresh application, can I not then use the premium service as I would no longer be a Turkish Business Person. - Today over the phone I have been told that if the appeal is dismissed and I decide to make a fresh application, I would need to STOP all my activities related to the current visa, ECAA. Which means I would need to stop my businesses - so am I right to assume that I would be eligible for the premium service?
D) I have also read in various places that my fresh application would need to be completed, decided, within the 28 day period. Is this true? If it is, what can I do to extend this time period? Rather, is there anything that I can do?



I have both financial and relationship related commitments here in the UK. If I leave here, not only my relationship couldn't continue in Turkey, but also I would be forced to do a mandatory Military Service for 12 months. Not to mention all the furniture that we have bought over the years - some of which we are still paying for on instalments. As well as our security deposit in the house.


Could someone please help me? I am really desperate. I have not cheated the system or tried cheating it in any way. I have just been at providing the document that I have.


Many thanks

Why would the ECCA not succeed?

You could have raised the issue of your wife and her nationality at the hearing, did you?

As your leave would have elapsed prior to the application, not sure you will be able to take advantage of the same day service.

Thank you for taking the time to reply to my post.

Although I have not received the final decision yet, I strongly believe the appeal will be dismissed. There were multitude of reasons;
- When the Judge had the wrong file at the beginning and we had to start 10-15 mins later so that she can review my case, I had already been slightly worried
- Judge wasnt interested in any of the evidence that I had on the Ipad, things that I wasnt sure how to print - how do you show how many Twitter followers you have or what your website is like? Or even the job adverts that I have posted on various sites.
- Additionally, when I explained to her about my partner she wanted to see documentation to prove that, which I didnt have with me

In short, I though that since my case is genuine I can go there and answer all the questions - little did I know a legal representative is a must nowadays.

At the end of the hearing, Judge said that she will write to us next week, which is this week now, and that she strongly advices that I get some legal advice.


I was under the impression that the Judge would be more helpful to me on legal points as I am not from a legal background - at least that's what it says on the Gov.UK.

Wait and see her determination. You can challenge it on the basis of an Error of law.

What Tribunal was it that you went to, just out of
interest.

At present you cannot apply as Section 3C is in play.

Here is the result;

It was dismissed - although she sent a lengthy letter there was only 1 acutal/true point against my appeal, rest were just repetitions and half-picked sentences which I have said both at the court and wrote on my letters. Not to mention that she didn't even mention anything about my actual file - I informed her that I was under the impression that my previous letters and evidences would be taken into consideration, but apparently not. Turns out you have to keep showing the old evidences again and again..

It has been a truly awful experience. I guess the worst thing was to see that Judge only picked certain points of what I said, she exclude the previous and next sentences.

How do you open a business bank account in the UK if you do not have a passport or drivers licence? Even though I informed both Judge and the HO during the hearing and before on numerous letters, including the appeal file - for some reason it was put as a reason to refuse/dismiss my application/appeal. What is the law that I can rely on to say that my evidences weren't considered appropriately by the Judge just like they weren't by the HO? The Judge on my hearing was NOT practising on a such way that she should have been according to government websites - apparently she should have made exceptions as I am not from a legal background.


I learnt a lesson though - the current judicial system forces you to take legal aid; much like the judge said. The funny thing is most of the law practices advice and exercise a different opinion on the same law. Such as, some solicitors urged me to make an application before I receive Judge's determination whereas some said I cannot and I should wait. Some said that you can make a premium application some said that you cannot. And the list goes on and on.


I do not want to create a duplicate post so here is the updated new topic purely about my new application under the spouse route:
http://www.immigrationboards.com/immigr ... 75861.html

I would greatly appreciate it if you could share your thought on that.


Thank you for your time - greatly appreciated!