prepare an appeal hearing (UK residency card)

mjocker · Post by **mjocker** » Fri Nov 30, 2012 5:04 pm

Dear friends,

I've sent my application to the home office to get my residency card as my wife is from an EU country (Spain).

The Home Office refused my application for the following reasons:
-On my wife's payslip, the name the restaurant she works for is not spelled correctly (missing letter), and not listed on Yell!!
-They rang the place (God knows when!!) and no one picked up the phone!

I've consulted a solicitor and he advised me to go for "hearing appeal" and he asked for £600 just to get me the appeal court date!!

The appeal will be heard on the 17th of December and the solicitor requested £1300 to prepare the witness statement and to represent me at the bar.
£1300 is a lot of money!! Can you please advise me?
I heard that I could go straight to see a barrister, is it true?

Many thanks

batleykhan · Post by **batleykhan** » Sun Dec 02, 2012 5:10 pm

mjocker wrote:Dear friends,

I've sent my application to the home office to get my residency card as my wife is from an EU country (Spain).

The Home Office refused my application for the following reasons:
-On my wife's payslip, the name the restaurant she works for is not spelled correctly (missing letter), and not listed on Yell!!
-They rang the place (God knows when!!) and no one picked up the phone!

I've consulted a solicitor and he advised me to go for "hearing appeal" and he asked for £600 just to get me the appeal court date!!

The appeal will be heard on the 17th of December and the solicitor requested £1300 to prepare the witness statement and to represent me at the bar.

£1300 is a lot of money!! Can you please advise me?
I heard that I could go straight to see a barrister, is it true?

If you have filed your appeal and have a court date, why dont you simply represent your wife at the hearing.Its not complicated.All you need to do is argue and provide evidence on the points you were refused.

You do not have to have solicitors or barrister to represent you.In fact a lot of people on forum have done it themselves and have succeeded.If you are concerned about procedures of court, just go and sit down at one such hearing,Its a public court and people can go and listen in

Many thanks

mjocker · Post by **mjocker** » Sun Dec 02, 2012 6:29 pm

Hello batleykhan,

First, I'd like to thank you for your reply.

The letter that I've received from the court says that I've to send the following documents to the tribunal and the other party:

-Witness statements of the evidence to be called at the hearing (to be sent to the appellant)

-A bundle of all documents to be relied on at the hearing (to be sent to the appellant and to the respondent)

I've no clue what the above-mentioned means! What's a witness statement, appellant and respondent means??

I'd really appreciate your help.

Many Thanks,

peppekalle · Post by **peppekalle** » Sun Dec 02, 2012 7:52 pm

I am afraid legal help is expensive.It might be too late now to seek alternatives.
http://www.davidsonmorris.com/dmblog/20 ... on-appeal/

http://www.ilpa.org.uk/data/resources/1 ... ppeals.pdf
it is a huge file please read chapter 4 .

Your chances of success are much higher if you get legal representation.

Obie · Post by **Obie** » Mon Dec 03, 2012 11:36 pm

What were the reasons for Refusal?

I believe you can file bundle and do it youself and perhaps hire a Public Access barrister if you want to save money.

I wish you all the best.

keffers · Post by **keffers** » Tue Dec 04, 2012 9:24 am

Ask him if he is prepared to work on a no-win, no-fee basis. If he is confident of success, it should not be an issue. Would you pay a plumber who didn't/couldn't fix your leaky tap?

If you can organise yourself and put your points across in an understandable manner that deal with the issues, you can do it yourself. You do not have to be Perry Mason.

However, it might be worth paying a reputable immigration adviser for an hour's consultaion (£100?) to make sure you do have a case and are presenting it in the right manner.

Greenie · Post by **Greenie** » Tue Dec 04, 2012 9:44 am

Most decent immigration solicitors do not work on a no win no fee basis and it not generally advisable to choose a solicitor on this basis. No one can guarantee the outcome in an immigration appeal (although some are more predictable than others)

keffers · Post by **keffers** » Tue Dec 04, 2012 10:56 am

For £1300 I would say its a very sensible proposition. For what is involved its a rip-off price - unless working on a virtually guaranteed success basis.

Money for old rope, as the saying goes.

Best tip of the day for Mjocker is to get yourself down to the nearest Tribunal. Sit in as many cases as you can (similar to yours if possible) and see how easy it really is and save yourself a lot of money.

If you can talk and think - you can do it.

mjocker · Post by **mjocker** » Tue Dec 04, 2012 12:23 pm

Hello,

First, I'd like to thanks you all for your replies.

It's a good point that Keffers has mentioned, No win-no fee basis! I'm going to talk to him tomorrow in this regard.

My solicitor told me that he will instruct a barrister for my case, probably this is why he is charging so much... Anyway 1300p is still a lot of money for me.

Let's say I want to do prepare the appeal by myself, what are the supporting documents and evidences that I should provide with the witness statement? knowing that the refusal was based on the following reasons:
-On my wife's payslip, the name of the restaurant she works for is not spelled correctly (missing letter), and not listed on Yell!!
-They rang the place (God knows when!!) and no one picked up the phone!

*and she now quit her previous job and she's gotten a new one.

Many Thanks

Amari2051 · Post by **Amari2051** » Thu Dec 06, 2012 6:57 pm

mjocker wrote:Hello,

First, I'd like to thanks you all for your replies.

It's a good point that Keffers has mentioned, No win-no fee basis! I'm going to talk to him tomorrow in this regard.

My solicitor told me that he will instruct a barrister for my case, probably this is why he is charging so much... Anyway 1300p is still a lot of money for me.

Let's say I want to do prepare the appeal by myself, what are the supporting documents and evidences that I should provide with the witness statement? knowing that the refusal was based on the following reasons:
-On my wife's payslip, the name of the restaurant she works for is not spelled correctly (missing letter), and not listed on Yell!!
-They rang the place (God knows when!!) and no one picked up the phone!

*and she now quit her previous job and she's gotten a new one.

Many Thanks

How many payslips did you submit?
Did you notice the error on the payslip before submitting your application?
How long did the HO take before they gave you a refusal?

mjocker · Post by **mjocker** » Thu Dec 06, 2012 10:52 pm

I've submitted 3 payslips and 1 P60 and I haven't noticed in error on them.
The HO took 3 and half month before they gave me the refusal.

ravii · Post by **ravii** » Fri Dec 07, 2012 12:52 am

[quote="mjocker"]Dear friends,

I've sent my application to the home office to get my residency card as my wife is from an EU country (Spain).

The Home Office refused my application for the following reasons:
-On my wife's payslip, the name the restaurant she works for is not spelled correctly (missing letter), and not listed on Yell!!
-They rang the place (God knows when!!) and no one picked up the phone!

I've consulted a solicitor and he advised me to go for "hearing appeal" and he asked for £600 just to get me the appeal court date!!

The appeal will be heard on the 17th of December and the solicitor requested £1300 to prepare the witness statement and to represent me at the bar.
£1300 is a lot of money!! Can you please advise me?
I heard that I could go straight to see a barrister, is it true?
If your wife is on payroll in hmrc which will proof that these payslips are not fake then your appeal will be in positive results

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prepare an appeal hearing (UK residency card)

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