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Appeal at hatton cross court...need an advise

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Midomido56030
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Appeal at hatton cross court...need an advise

Post by Midomido56030 » Sun May 26, 2019 11:53 am

Hello everyone
I have a court date in September 2019..i need some advice if any one been to the court before.. how was it and if anyone has similar case like me.

Background of me:
I’m an overstayer.
Been marriage almost 2 years now. No kids.

I made a flr fp application of a British partner.
Got a refuse letter from HO reasons:
-no child .
-i can go back to my country and continue my life there.

Our reason to stay here that we will say it on court
She doesn’t speak my country language at all.
If i will back to my country i will do military service and my wife she will be alone in my country for 2 years.
She is looking after her Dad cus of his health issue.
My country not safe for her.

-So Are those reasons good enough?
-Anyone has similar case like this can tell me his experience?
-how is gonna be the court. What type of questions and is it enough for 15 people as all my family will come with me there ?
Thank you so much in advance

Midomido56030
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Re: Appeal at hatton cross court...need an advise

Post by Midomido56030 » Mon May 27, 2019 7:50 am

Any advice please guys 😞😞

Midomido56030
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Re: Appeal at hatton cross court...need an advise

Post by Midomido56030 » Mon May 27, 2019 3:49 pm

Experts guys ..no one has case like me here ??

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seagul
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Re: Appeal at hatton cross court...need an advise

Post by seagul » Mon May 27, 2019 6:19 pm

Midomido56030 wrote:
Sun May 26, 2019 11:53 am
is it enough for 15 people as all my family will come with me there ?
Why not you contact them in advance and ask them the allowed capacity.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Midomido56030
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Re: Appeal at hatton cross court...need an advise

Post by Midomido56030 » Mon May 27, 2019 6:26 pm

Yeah that what i will do thanks. But from your experience do you see my reasons are enough and what type of question maybe the judge will ask

Frontier Mole
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Re: Appeal at hatton cross court...need an advise

Post by Frontier Mole » Mon May 27, 2019 11:47 pm

Most of the courts at HX will not hold 15 people as observers. The other issue is that the courts do not readily allow large numbers of family members in because of possible security and safety issues. If they are not witnesses there is no point in bringing them.

The person that will ask more questions of you (if there is one present) is the Home Office Presenting Officer (PO).
The crux of your case will probably be the fact that your wife married you knowing your precarious immigration status ( this assumes you were an overstayer at the time).

I am guessing but if you applied for FLR FP your wife does not meet the spouse earning threshold?

If there is no PO then the judge will ask questions of you to clarify your claim and why you believe the HO decision in law is wrong? Will you have legal representation?

Midomido56030
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Re: Appeal at hatton cross court...need an advise

Post by Midomido56030 » Fri May 31, 2019 7:19 am

Frontier Mole wrote:
Mon May 27, 2019 11:47 pm
Most of the courts at HX will not hold 15 people as observers. The other issue is that the courts do not readily allow large numbers of family members in because of possible security and safety issues. If they are not witnesses there is no point in bringing them.

The person that will ask more questions of you (if there is one present) is the Home Office Presenting Officer (PO).
The crux of your case will probably be the fact that your wife married you knowing your precarious immigration status ( this assumes you were an overstayer at the time).

I am guessing but if you applied for FLR FP your wife does not meet the spouse earning threshold?

If there is no PO then the judge will ask questions of you to clarify your claim and why you believe the HO decision in law is wrong? Will you have legal representation?
Thank you so much for replying back. :)

-so the fact that she knows in overstayer will make our case hard.. Do you have any advice please what is the best answer for this to fix this point ?

-yes my wife takes more than £23,000 for year.

-from your experience how you see pur chance and do you have any advice for me? Thanks in advance

-and i will appreciate it if some one has similar case to me and say his experience. Thanks

Midomido56030
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Re: Appeal at hatton cross court...need an advise

Post by Midomido56030 » Fri May 31, 2019 4:19 pm

Any similar cases guys or advice please.
Thanks

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seagul
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Re: Appeal at hatton cross court...need an advise

Post by seagul » Fri May 31, 2019 5:04 pm

I think due to being an overstayer and also having no child would make your case extremely weaker. I don't think so anyone can tell you as what exactly could be asked from you but generally speaking it will all be related to your application. Your reason of being sent to military if return back home won't be considered to the case. But still try to be optimistic and reply confidently but honestly.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Midomido56030
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Re: Appeal at hatton cross court...need an advise

Post by Midomido56030 » Sun Jun 02, 2019 10:17 am

Thanks for replying back .. and i wilp really appreciate if any one has a case or story like me can tell me his experience thanks in advance

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Re: Appeal at hatton cross court...need an advise

Post by Frontier Mole » Mon Jun 03, 2019 9:51 pm

Can I ask why you took the ILR FP route as opposed to the spouse visa route?
The spouse route is a whole lot less fraught and has less pitfalls.

Midomido56030
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Re: Appeal at hatton cross court...need an advise

Post by Midomido56030 » Mon Jun 10, 2019 7:00 am

Frontier Mole wrote:
Mon Jun 03, 2019 9:51 pm
Can I ask why you took the ILR FP route as opposed to the spouse visa route?
The spouse route is a whole lot less fraught and has less pitfalls.
Because as i said i’m an overstayer and if u go back to my country i cannot leave the country for
2 years cus of my military service.
Do you have any advice for me experts?

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Re: Appeal at hatton cross court...need an advise

Post by Frontier Mole » Mon Jun 10, 2019 7:27 am

I am afraid your avoidance of military service will not serve you well as an excuse. In fact it may go against you.
As for preserving a family life and the defence you are suggesting, it is very weak. It is not based on hard evidence and the country guidance is not with you so you are basically reliant on emotional points. Her Dads health is not going to cut it unless he is very seriously ill, you will also need an expert / consultant level NHS report to state that and the requirement for care to be constant. As your wife works that is plainly not the case so that argument is very weak too.

A whole gaggle of support will not help in the court either, it is hard evidence you have to provide not he is a good guy type stuff.

For you to succeed you need to prepare a case that will stand up to the country guidance, not be based on emotional reasons and provide evidenced based arguments.

Midomido56030
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Re: Appeal at hatton cross court...need an advise

Post by Midomido56030 » Mon Jun 10, 2019 7:04 pm

Frontier Mole wrote:
Mon Jun 10, 2019 7:27 am
I am afraid your avoidance of military service will not serve you well as an excuse. In fact it may go against you.
As for preserving a family life and the defence you are suggesting, it is very weak. It is not based on hard evidence and the country guidance is not with you so you are basically reliant on emotional points. Her Dads health is not going to cut it unless he is very seriously ill, you will also need an expert / consultant level NHS report to state that and the requirement for care to be constant. As your wife works that is plainly not the case so that argument is very weak too.

A whole gaggle of support will not help in the court either, it is hard evidence you have to provide not he is a good guy type stuff.

For you to succeed you need to prepare a case that will stand up to the country guidance, not be based on emotional reasons and provide evidenced based arguments.
Thank you for your reply.

What makes you believe the compulsory military service will go against me and not support my case?

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Re: Appeal at hatton cross court...need an advise

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

One little issue on military service - conscription has been suspended... so as an argument it is not relevant. Even if it was not currently suspended then the courts see it as a national obligation of the citizenship therefore it is not deemed a particularly strong point.

Midomido56030
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Re: Appeal at hatton cross court...need an advise

Post by Midomido56030 » Tue Jun 11, 2019 9:10 am

Frontier Mole wrote:
Mon Jun 10, 2019 10:20 pm
One little issue on military service - conscription has been suspended... so as an argument it is not relevant. Even if it was not currently suspended then the courts see it as a national obligation of the citizenship therefore it is not deemed a particularly strong point.
Thanks for reply :) .. i want serve my country of course but the prorblem is some places i need to carry a gun against the protests and I cannot do that.. and the idea that my wife how she can survive there for 3 years without me is totally hard for her cus off alot of reasons and the country not safe for her and the language totally different and most of the people that she has to deal with them daily like supermarkets and this stuff the don’t speak English and more some reasons... what do you think about this reasons.. do you have some advices or reasons for us maybe I didn’t notice it in my case ? ....thanks in advance for your help

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Re: Appeal at hatton cross court...need an advise

Post by Frontier Mole » Tue Jun 11, 2019 5:16 pm

The reasons you are giving are flimsy and self serving emotions - the court does not entertain such points. You, as I have stated previously have to come up with hard evidence. Getting by in your home country might be tough but when you married she knew your immigration history and the uncertainty it held.

I have not identified the golden bullet for you to fire in court as I not able to see a readily viable defence against the refusal. If others can perhaps they can advise.

Not seeing where military service is an issue now - it has been suspended in your country so I am unsure why you keep referring to it?

Midomido56030
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Re: Appeal at hatton cross court...need an advise

Post by Midomido56030 » Tue Jun 18, 2019 6:10 pm

Frontier Mole wrote:
Tue Jun 11, 2019 5:16 pm
The reasons you are giving are flimsy and self serving emotions - the court does not entertain such points. You, as I have stated previously have to come up with hard evidence. Getting by in your home country might be tough but when you married she knew your immigration history and the uncertainty it held.

I have not identified the golden bullet for you to fire in court as I not able to see a readily viable defence against the refusal. If others can perhaps they can advise.

Not seeing where military service is an issue now - it has been suspended in your country so I am unsure why you keep referring to it?
Thank you for replying.

If you have an advice for me or anyone has any experience with court or anyone has smiler case to me can advice me i will really appreciate it before my court date.
Thanks in advance

Midomido56030
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Re: Appeal at hatton cross court...need an advise

Post by Midomido56030 » Fri Jun 21, 2019 7:41 am

????

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