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I am writing you this mail with lots of hope that your precious advice will help me in this painful and depressing period.
Let me explain everything in detail :
In November 2011, before my marriage I had applied for Tourist Visa (from India ) and had given my husband’s reference as my friend and got my Tourist Visa approved in November 2011 after that I got married and decided to travel to UK based on received visitor visa.
I travelled alone to London on 30th Dec 2011 and when I reached there, I was questioned by Immigration officers and I got nervous because it was my first International Visit and they had asked me so many questions, by nervousness I told them that I am married and my husband is working in India and I came here to meet my friend and unfortunately I was not having my return ticket and I was carrying some of my original certificates with me. They had suspected that I came for employment purpose and they had sent me back to India on the same day. ( We did not applied for spouse visa that time becos my husband was on Tier 1 visa which was expiring in March 2012 and he has to get his ILR in March 2012. so we thought afterwards I can apply for spouse Visa based on his ILR status )
After that , he got his ILR in March 2012, then I have applied for spouse visa ( from India ) in April, which got rejected in July stating old reasons and as marriage of convenience.
We hired a british lawyer ( OISC registered ) and filed an appeal in August 2012. Hearing held on 10th May but now the decision came that appeal is refused .
Our lawyer has received the determination letter, she conveyed to us that it is 20 pages decision letter and judge has mentioned that it is not genuine marriage and genuine relationship and it is business relationship ? Our lawyer is suggesting to go to upper tribunal and we have only 5 days to file in Upper Tribunal and it will take only another 4 weeks in Upper tribunal to solve the matter , there different judge will review the decision or otherwise if we wont file it in the Upper court, this means we are accepting the allegation and we will not be able to apply any visa in future. Although our lawyer has taken so much money till now, but she couldn't prove the truth in spite of giving so much evidences of our marriage. We are in so much confusion what to do now, please clarify me following pts :
- Is it possible to file an appeal in Upper tribunal and he can leave UK or he has to be present there personally for Appeal and how much time it can take in Upper tribunal ?
- He can leave UK now and we can take further action after some time ( may be after 2-3 years ) and till that time will his ILR remain Valid or he need to apply again ?
Please advice me asap.
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Sorry to hear refusal of yr case
but u have to keep fighting
2nd a person can have may partners at diffrent time of life so u need to be strong in reply that
initially he was yr friend but u have not that time decided to make him yr partner and after some time u married him
any way get another opinion from solicitors to sort out yr case
u will be ok , i am sure but it take time and some time it is painful process