Waiting on Appeal to be heard after home office refusal of spouse vissa

Hi All,

I just want to share my refusal experience with you all and hope to get an right info if needed because this is so frustrating now as it's getting hard for me to stay away from my daughter and wife who both are British citizen's for more than a year now and home have refused my visa under 320(11) and said I frustrate them which clearly I didnt and the dates they have for me are inaccurate and one more thing that they refused me because they didn't see the December salary statement which is not my fault because the guy who scan my documents missed that paper to scan which I think is wrong.

Anyways my timeline is
Applied entry clearance - 19th June 2019
Refused - 19 September 19
Pre action protocol - 24th September 19
Refused - 3rd October 19
Appealed - 5th October
Acknowledgment - 7th November

And it's 26 December and I'm still waiting for 15 weeks to be completed my question is what can happen in these 15 weeks and they are going to be finished on 19th of February, can home office overturn the decision or how long it's gonna take more because I think In 15 weeks they will let me know the hearing date right ?

On what grounds did they refuse the application? 320(11) Is wide and discretionary. It doesn’t make sense, something about dates? They can’t conclude frustration because you’ve missed a month salary wage slip unless it meant you didn’t meet the rules. Should be an easy appeal. I also suggest send the wage slip and a request to the ECM to lapse the appeal.

I got refused on grounds of suitability under section S-EC of appendix FM under paragraph EC-P.1.1(C) of appendix and they said I frustrate the immigration by overstaying and putting application's so they are refusing me under 320(11)

Just want to point out some things home office have misunderstood about case they are not even right with there own records

1st - They have mentioned I got the valid vissa until 4th April 2016 is right then as per them I've been served with the removal directions on 21st April which is not right. I have bail summary which they gave me there is nothing written over there and they said I was overstayers since when I been in contact with home office through the start I have called them on 5th April 2016 for claiming an asylum due the danger I was facing from my uncle at that time in Pakistan and I got an appointment for screening unit at 25 April 2016. So I called them 5th April got an appointment on 25th if they think that this time I was an over stayer then I also was in contact with them.

4th - They clearly write in the refusal that I sought ILR immediately on 5th April which is not the case I went for asylum not ILR.

3rd - I did served with an removal directions on 19 July 2017 when I got detained but I have told them I have an appointment at further submittion unit in August but they did not hear me out and detained me and book my ticket but when my lawyer talk to them then as they mentioned in the bail summary initially it wasn't considered to be a barrier but after further consideration it was considered to be a barrier and they cancel removal so again they were wrong in detaining me and serving me with the removal directions too and judge gave me bail too and he told them how could they held a guy in detention for 20 days when he have something pending with the home office.

4th again they are wrong I volunteerly departed on 16 of April 2018 not 23 march 2017.

5TH - they said they have all the the payslips and bank statements but only one page is missing where they can't see December salary in bank statementwhich is why they are refusing me.

So as my matter were resolved with my uncle I came back to Pakistan as I told the judge and homeoffice several times I don't want you to give me vissa I just need time to resolve matter with my uncle and at the end it did and now they are bringing this all back at me when I think I was never be an overstayer but even I was it was from 5th of April to 25th of April 2016 which I not even 20 days and don't think I've been banned for applying a totally different vissa.
Now it's in appeal anyone please help how long it's gonna take from 6 Nov 19 to 18 Feb 2020 is 15 weeks time am I gonna get decision in weeks or what plz help as I explained all my situation.

Hi,

Here’s my timeline

Appeal lodged: 11 July 2019
Notice of pending appeal: 09 August 2019
Notice of hearing letter received: 04 Dec 2019 - letter dated 02 Dec 2019
Appeal hearing: 4th week of Jan 2020(exact date purposely not disclosed on forum)

Home office did not respond or provide a bundle.
I rang on the last day of 15 week period to confirm this.
You should except a letter of hearing after the 15 weeks period is over.
Or, home office may just respond to appeal so you don’t have to wait full 15 weeks to proceed to next stage.
Home office can still overturn decision even days before the court hearing date.

Hope that helps

Thank you @borderdivide for the reply.

And do home office will send us the bundle before the hearing and if they do and mentioned something we need to clear with, can we still send supporting documents to the court before hearing.
And if they don't send us the bundle, what then?
And do you mind asking why HO refuse youR VISA?
If hearing will come in a month after we receive hearing letter then it's good.
Hope we all get the visa.

Here’s my situation:
immigration-for-family-members/appeal-s ... 92791.html

I have to provide any further documents I wish to bring along for the hearing 5 days before the hearing date, this has also been requested from home office. This is all stated on the letter issued from court.

I don’t really know what happens if home office would do nothing, I mean they have to either attend the hearing with a prepared argument to present or simply issue visa without having to attend court.

The process of obtaining visa is challenging. Keep yourself busy, remember the waiting time you went through after submitting an application and then finding out it’s refused? Don’t live that moment everyday, just do something to keep yourself occupied.

I’m pretty much numb from this all... only way to cope!

So you were on the UK and claimed Asylum but then left and have now applied for a spouse visa, is that right?

BordersDivide wrote: ↑

Thu Dec 26, 2019 11:21 pm

Here’s my situation:
immigration-for-family-members/appeal-s ... 92791.html

I have to provide any further documents I wish to bring along for the hearing 5 days before the hearing date, this has also been requested from home office. This is all stated on the letter issued from court.

I don’t really know what happens if home office would do nothing, I mean they have to either attend the hearing with a prepared argument to present or simply issue visa without having to attend court.

The process of obtaining visa is challenging. Keep yourself busy, remember the waiting time you went through after submitting an application and then finding out it’s refused? Don’t live that moment everyday, just do something to keep yourself occupied.

I’m pretty much numb from this all... only way to cope!

Yh that's what I'm trying to do but it's challenging specially when you have 7 months old daughter waiting for you but anyways In sha Allah our patience will be rewarded.
And by the way my hearing will be a paper hearing not an oral hearing do anyone know going for paper hearing is ok or not because I can't be there for the hearing that is why I chose paper hearing and I didn't know we can use video link and HO can make my wife confuse if she goes.

Amber wrote: ↑

Thu Dec 26, 2019 11:28 pm

So you were on the UK and claimed Asylum but then left and have now applied for a spouse visa, is that right?

Yes that's right please let me know is there a good chance of winning an appeal as I went for paper hearing?

Snmalik1231 wrote: ↑

Fri Dec 27, 2019 12:32 am

BordersDivide wrote: ↑

Thu Dec 26, 2019 11:21 pm

Here’s my situation:
immigration-for-family-members/appeal-s ... 92791.html

I have to provide any further documents I wish to bring along for the hearing 5 days before the hearing date, this has also been requested from home office. This is all stated on the letter issued from court.

I don’t really know what happens if home office would do nothing, I mean they have to either attend the hearing with a prepared argument to present or simply issue visa without having to attend court.

The process of obtaining visa is challenging. Keep yourself busy, remember the waiting time you went through after submitting an application and then finding out it’s refused? Don’t live that moment everyday, just do something to keep yourself occupied.

I’m pretty much numb from this all... only way to cope!

Yh that's what I'm trying to do but it's challenging specially when you have 7 months old daughter waiting for you but anyways In sha Allah our patience will be rewarded.
And by the way my hearing will be a paper hearing not an oral hearing do anyone know going for paper hearing is ok or not because I can't be there for the hearing that is why I chose paper hearing and I didn't know we can use video link and HO can make my wife confuse if she goes.

My husband is in Egypt and I am going to attend his oral hearing. Oral is better for our case as the judge can see me and read my body language etc.

Video link is new, when I do use it I will update how it went. Again here, the judge can see him and read his reactions.

Inshallah patience will be rewarded. Stay productive.

Hi

I'm sorry to hear that you're visa was refused. My spouse's visa was refused based on 320(11) also in October. We have also appealed.

I may be wrong, but i'm not sure if 320(11) appeals can be done through Paper due to the complexity.

I hope you get a hearing date very soon after your 15 weeks are up.

Thank you guys for the reply and yh I'm trying to be as patient as I can be

Snmalik1231 wrote: ↑

Fri Dec 27, 2019 8:31 pm

Thank you guys for the reply and yh I'm trying to be as patient as I can be

Hi Snmalik1231

Your 15 weeks are almost over. Have you had any update on your situation? Have HO made any contact with you?

My husband's visa was also refused due to 320(11) - hoping to hear some positive news from you.

Not yet I'm afraid still waiting on the hearing date as the courts are saying we should wait a lil longer due to the covid 19 but some are saying courts have suspended the new cases and they are only hearing those who were listed already before the pandemic and I did not hear anything from the HO tooo.

Guys I'm still waiting for hearing date it's almost more than 30 weeks now and I am still waiting whenever I call court they simply say your case is in queue and you still have to wait a lil longer. god knows how much longer they want us to suffer.

Finally today I have received an acknowledgement letter from the court in which they told me where my hearing will be heard but no date yet anyone know what is the next step?

Snmalik1231 wrote: ↑

Tue Aug 11, 2020 2:05 am

Finally today I have received an acknowledgement letter from the court in which they told me where my hearing will be heard but no date yet anyone know what is the next step?

Hey, what does the letter say? I wonder why there is no date?? When will you receive the next correspondence? I'm still waiting for my hearing date.

It just says where will be my hearing and also says home office have 28 to send the bundle that's all

Snmalik1231 wrote: ↑

Mon Aug 17, 2020 10:04 am

It just says where will be my hearing and also says home office have 28 to send the bundle that's all

Hi

I got this same letter on Friday. No date but tells me where hearing will be heard and asks for documents.

Got the letter from the court saying hearing will be the 1st week of next Month. Finally after 8 months. Wish me luck

Snmalik1231 wrote: ↑

Thu Sep 17, 2020 2:37 am

Got the letter from the court saying hearing will be the 1st week of next Month. Finally after 8 months. Wish me luck

All the best!! Please update this when you have had your hearing. Is it CMR hearing or an actual hearing? Waiting for some good news!

It was a CMR hearing and it's done 2 week ago but waiting for the decision, does anybody how long it will take to get a decision from judge as this is so stressing and I'm literally wait everyday that decision will come today.

Two weeks I think. From my personal experience they didn’t bother to write to me or the lawyer. They did however send the letter to HO.

Lawyer kept contacting court and found out the decision was made (14 days) and then he had to chase them up for decision making outcome.

Give it few more days then call court to check status.

Ok so that means they didn't give you or your lawyer a decision but they give it to HO instead and when did you get to know. In my case it's been 11 working days when the hearing took place and on the day of hearing judge did told me he will give a decision next week but it never came now I'm waiting for 14 days to be completed and then I will call court. My question is does this normal for them to take at least 14 days or is it not.

Snmalik1231 wrote: ↑

Sun Nov 01, 2020 10:04 pm

Ok so that means they didn't give you or your lawyer a decision but they give it to HO instead and when did you get to know. In my case it's been 11 working days when the hearing took place and on the day of hearing judge did told me he will give a decision next week but it never came now I'm waiting for 14 days to be completed and then I will call court. My question is does this normal for them to take at least 14 days or is it not.

From past encounter, 14 days was given as the time frame within which to expect the outcome and incase heard back on the 12th day.
The impact of COVID19 and imminent lockdown is unknown.