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immigration appeal

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immigration appeal

Post by segun103 » Wed Jun 19, 2019 9:49 pm

Hi all
I'd dive in straight into this!
I have recently graduated from the uni last year,I put in an application on human right claims due to level of threats in my home country (through a solicitor). the home office suggested I claim asylum which I decline as suggested by my solicitor, instead got a new application on family life.
I met my girlfriend over the Xmas and we kickstart a relationship which developed intensively and leads to pregnancy all of these updated to the home office.
few months down the line I got letter from the home office refusing my human right claims with an option to appeal on 16 April 2019.
An appeal was made on 28 May while my hearing date was scheduled for July. I really want to stay with my gf to raise our unborn baby and I fear that if asked to leave I'd miss a greater part of my baby development.
now my questions are as follows;
1.what should I expects at my hearing?please note I haven't been to court before
2.could adjourn my case due to illness from my partner
3.I'm currently working while she's not,how would this affect my case

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Re: immigration appeal

Post by seagul » Thu Jun 20, 2019 8:44 pm

Easiest, cheapest and slightly stress free will be that you return back home or another country where you marry her and apply spouse visa.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Frontier Mole
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Re: immigration appeal

Post by Frontier Mole » Thu Jun 20, 2019 10:38 pm

Have you actually got the right to work?

On what to expect in court - it is not particularly formal as it is a lower tribunal hearing. You sit at a desk on one side, the Home Office person at the other. Your legal rep sit along side you, but not next to you.

Your rep opens with questions to clarify your position, the Home Office Presenting Officer then asks you their questions. Your legal reps gets to ask further question but only to address the HOPO questions.

Any witnesses you bring go through the same process.

Each side makes closing submissions.

The Judge can ask questions at any point and can close down questions from either side if he / she is minded not to want that information.

Very rarely do you get a decision on the day.

A point to note - until the baby is born you are not readily able to rely on the unborn child as a particularly strong feature in your case. Being pregnant is not the same as having a child. The court is not able to consider the child angle until it is born.

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