Appeal Questions Urgent Please

[A.R.A]

Hello everyone,first of all I would like to thank to guys for setting up this very useful website, which has solved a lot of my problems. The reason I am sending this post is that I have some questions about my appeal which I could not find them in previous posts.
I have submitted my spouse visa on 28 dec 2010 and was refused feb 2011.
now I have time until next week to add any documents I want to give as new evidences. here is my questions:

1.I started to fill my online application form before 29 nov 2010 when the english test was not a requirement,for some reason I completed my online form 13 dec 2010.I was not asked to provide any english qualification with my application,also in Refusal of Entry Clearence letter(Decision Letter) it was not mentioned that I have to provide this requirement. now I am worried that for my hearing they will say that I submitted my application form after 29 nov 2010 and I need to have english qualification.do I have to be worried about this matter?

2.my wife who is British and was living in London before we got married last year and since we got married in our country we live together. is it okay that she lives with me until my visa get sorted or she has to be in the UK. how can we prove that she wants to come live in the UK again?

3.can we have 2 different persons as our 3rd party sponsors one for financial support and one for accommodation support?

As I have to submit new evidences by next week I will be grateful if someone could help me with my queries as soon as possible.

Thanks

[Lucapooka]

What were the reasons for the original refusal and can you address these with proof that the elements lacking actually existed before the the refusal decision.

Commenting on the English test only, it's clear that you applied after November and were therefore required to submit proof of your English ability. If this was not cited as a reason for the refusal then this appears to be a fortunate (for you) oversight by the ECO and you won't have to address this.

[A.R.A]

thanks Lucapooka for the reply...

I will send what you asked about the reasons for the original refusal.

[geriatrix]

Hi to everyone,
just one quick question:

English requirement has not been mentioned in my refusal entry clearance letter for settlement visa...now do I need to have one for my appeal hearing?

please if someone knows about it let me know...

many thanks

[geriatrix]

On what date did you pay for the entry clearance application?

[A.R.A]

thanks for the reply,

I have paid for it on 28th of december 2010,but there was nothing about english requirement in my application form,also it was not mentioned as one of the reasons for my refusal. I am confused as I will have my appeal court really soon and do not have enough time to provide this qualification as it takes almost 2 months to achieve it.

[A.R.A]

could someone please give an answer....pleasee

[Lucapooka]

It was not a reason for the refusal so should not form part of the reasons for refusal that you are attempting to challenge.

Even if this matter was going to be raised at the appeal (but we've just said that it won't be), taking the test now is too late as it would be dismissed by the court as post-decision evidence (did not exist before the refusal).

[A.R.A]

thanks for the reply....

you mean if it is raised in the court by home office people, it will be dismissed,right?
i was student in the UK for a few years and have some english and computing HND qualifications...do you think I should send it for the hearing day?

[Greenie]

It was not a reason for the refusal so should not form part of the reasons for refusal that you are attempting to challenge.

Even if this matter was going to be raised at the appeal (but we've just said that it won't be), taking the test now is too late as it would be dismissed by the court as post-decision evidence (did not exist before the refusal).

Not sure why you think that the English language issue won't be raised. UKBA can and do raise new grounds of refusal at appeal.

[A.R.A]

please....now I am confused...is it gonna be raised or not?? even if I want to give english qualification I do not hae enough time to do that...does it mean I am going to lose the appeal? am I not supposed to be challenged against what they said in my refusal letter?

I appreciate if someone can tell me which is right....as I have two completely different answers to my post!!

[Greenie]

they can raise new grounds if they want to. it doesn't mean they always do but if there is a HOPO at the appeal then the chances are they will raise it.

[A.R.A]

what is a HOPO?

[Greenie]

Home Office Presenting Officer.

[A.R.A]

there should one officer in the appeal is that right?or it depens on something to be one in the court?

[Greenie]

it depends - they don't have the resources to have a presenting officer in every appeal.

[A.R.A]

thanks for your reply...
could you just tell me what are my chances of winnig if all other documents are fine and only the english requirement is my problem?

also what will happen if this issue is raised?judge is going to be against me?

[Greenie]

if they raise the English language requirement as a new ground of refusal and you can't show that you met that requirement on the date of the decision then the chances are the appeal will be refused in my opinion.

if the issue is raised then the judge cannot allow the appeal under the immigration rules if you didn't meet the rules before a decision was made.

[A.R.A]

thanks guys for your helpful comments on my post....if someone has any other experience and knowledge related to my post please share with me...thanks again