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hello again, appeal????

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yaelhitch
Junior Member
Posts: 90
Joined: Tue Apr 01, 2008 12:51 pm

hello again, appeal????

Post by yaelhitch » Wed Sep 24, 2008 10:39 am

its been a long time i wrote on here but basically my husband from guinea got his spouse refused based on my finances as i was a student at the time. We now have a NOTICE of appeal date which is the 7th of October (not long!) does anyone have an experience of how long the actual court date is after the appeal notice, i was told up to 3 months!
We are lucky that due to a new law in place he cannot be refused because he overstayed so our lawyer says we have a good chance. Also i have a full time job now which i didn't before, but can you mention this in court?
I am glad to see how many people have had success since i have been on here.

lesley15
Member
Posts: 143
Joined: Sun Apr 13, 2008 8:45 pm

Post by lesley15 » Wed Sep 24, 2008 7:01 pm

My husband got refused on the 28th march and i had his hearing on the 19th september,that was in India and not bad for timing really although it seems like a life time but it varies in different countries and how busy the courts are.
I was refused on finances and i prepared all new evidence for the court bundle this included all wageslips,spreadsheets to show my income and then i also did a spreadsheet to show my outgoings to show how much i had left over after all the bills were paid.The judge was very impressed with this as it answered all the questions he wanted to ask me so he just confirmed that what i had written was true which i told him it was and that he could look at bank statements to confirm it.
You can and must definately mention to the judge you have employment and add all the information in your bundle which your solicitor will prepare with you,include your wageslips and your contract etc.... good luck

jei2
Member of Standing
Posts: 419
Joined: Thu Feb 14, 2008 12:49 pm
Location: London

Post by jei2 » Thu Sep 25, 2008 12:27 pm

You might still have difficulty because you only obtained your new job after the refusal of his application.

This would be seen as new evidence and viewed as "not appertaining to the facts" in hand when the application was made.

However in these concessionary times there seems to be a softer approach in general towards spouses, so you might as well provide it.

Worse case scenario is that he would just have to apply again in a few months.
Oh, the drama...!

yaelhitch
Junior Member
Posts: 90
Joined: Tue Apr 01, 2008 12:51 pm

Post by yaelhitch » Thu Sep 25, 2008 4:04 pm

Yea thats what i thought. Hopefully i may get a nice a judge who will see the the only reason i was working part time was because i was a student, i was trying to get a degree to build a better future for me and my partner and now i have full time job. Hopefully the judge will be in good mood!
Has anyone had any experince when going to an appeal, is it scary?

lesley15
Member
Posts: 143
Joined: Sun Apr 13, 2008 8:45 pm

Post by lesley15 » Thu Sep 25, 2008 6:27 pm

Went on my appeal last week.
I was very nervous but the judge i had was very nice and put me at ease,it may have been because i had no representive or barrister but it went really well and only lasted about 20 mins, they only asked me questions that the ECO refused me on,even the HO was quite nice. I did read through all my evidence so that any question they asked me i would know how to answer.
Good luck,when is your hearing?

yaelhitch
Junior Member
Posts: 90
Joined: Tue Apr 01, 2008 12:51 pm

Post by yaelhitch » Thu Sep 25, 2008 7:03 pm

thankyou that is very helpful. We get our appeal notice on the 7th of october but apparently it can be up to 3 months after that. How long did it take from when you got your appeal notice to actually going to court?
I hope everything went well for you, did you win, what was the appeal for?

lesley15
Member
Posts: 143
Joined: Sun Apr 13, 2008 8:45 pm

Post by lesley15 » Thu Sep 25, 2008 7:23 pm

These were our dates,bearing in mind this is from India.
Interview was on the 28th march-refused that day.
19th may had letter to say hearing after the 23rd of september but actually had date for hearing on the 19th september and had letter of this 6 weeks before the date of the hearing.
The judge did tell me the visa would be granted on the evidence he had heard but we are waiting for it to be in writing and are told that can be 2-3 wks.
The appeal was for my maintenance,proving i can financially support him!!!!
I didn't have a barrister with me but i did take a witness with me who had offered employment on my hubbys return to the uk.

yaelhitch
Junior Member
Posts: 90
Joined: Tue Apr 01, 2008 12:51 pm

Post by yaelhitch » Fri Sep 26, 2008 5:16 pm

well im glad that went well for you. Our appeal is about maintanice as well. How did you prove that you would maintain your husband based on the evidence you gave them?
I may take a character witness as well then.
im so nervous i dont know what i will do if we dont win the appeal.
But the only reason they said i couldn't support him was because i was working part time due to studying. however my husband was earning up to £300 before he left and now i have full time job.
I just hope they can see sense.

lesley15
Member
Posts: 143
Joined: Sun Apr 13, 2008 8:45 pm

Post by lesley15 » Sat Sep 27, 2008 8:13 pm

The ECO wouldn't accept part of my income because it's cash in hand and i don't get wage slips but i do declare it.
What i did was put all my income together and put it on a spreadsheet ,then i also did a spreadsheet with all my outgoings on it ,this was to show that i would have enough money left over to support my hubby then i used bankstatements to show money going in and bills going out,i did take receipts of paying bills ie council tax,mortgage,household bills etc to show i was up to date.
Also my income had increased since the refusal so i just showed that as well.
My witness took his accounts to show he could provide work for my hubby and that was about it.The judge didn't ask to see any evidence neither did the HO but i would take it incase.

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