sad.1 wrote:Aodendal.....can you please share with us your refusal points and you already know that you are not eligible to work after the visa meanwhile you have not received it from HO you carry on and all you can do is to give your employer your solicitor letter stating that your visa appeal was approved and now you are waiting for visa hope this can help. Really happy that HO can turn down by FTT.
Hi sad.1 & everyone else!
This is exactly what I have done with my letters from the courts/ tribunals/ HO etc
My case is extremely complicated as I was married to a British citizen - I moved here from South Africa and started up a business that has in the meantime won many awards and is very well known in our area. Ontop of this I have always been part of charity funds raising, the town business association and other associations and organisations - so I am very much a big part of our town and the local area. I also work with local colledges and schools going various classes and training days involving my career - and have also been offered investement to take my business onto our loval high street - this has been a big help in my case!
My husband abandoned me overnight and fled the country with another South African woman to South Africa. Cancelling our house (that served as our business premises), bills, accounts etc before even leaving me - and basically left me homeless. With no warning or signs. I lost everything - luckily Ive been in full time employment ontop of my business as this has helped me to afford all the legal costs involved with the visa - and a divorce ontop of that!
At this stage I had already submitted all my documents for my ILR as you would in a normal married/ spousal situation - but they refused the application as we were no longer together.
I then applied for FLR(O) - "outside the rules of immigration" with the assistant of a case worker, - and this was refused.
I then submitted my appeal to the first tier tribunal, and on 20 November is when I recieved the letter that my appeal was allowed to stay under the human rights act. I went to the first tier tribunal withour representation from a lawyer and I was congratulated by both the judge and the home offce representative for preparing an excellent document package - it was 2 thick folders full and it also included more than 100 letters of support from local bunsiness owners, collegues, clients etc.
I know the HO doesnt like cases allowed inder the HR act - and I know they are trying/ or are not allowing it anymore! Luckily my case was promogulated before the proposed "abolishment" of the HR act took place conserning immigration - so I am very gratefull for that.
All in alll I think it is just about being patient and waiting for it to arrive. Its been a long wait!
Im just a bit worried because as far as I understood via my first application I sent off before my visa expired in Feb 2013 - is that I would be able to work as per the spousal visa as the visa is valid as long as the application was submitted before it expired, which I did - and you can work and carry on as normal until a decision is made and you recieve your visa.
My fault is I thoght it would take about 3 months tops .... were now at 13 months!
Uuugh.
in all of us cases