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WIFES ENTRY CLEARANCE APPEAL DISSMISSED AT FIRST TIER TRIBUN

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johnnyboy
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WIFES ENTRY CLEARANCE APPEAL DISSMISSED AT FIRST TIER TRIBUN

Post by johnnyboy » Sat Dec 03, 2011 9:56 pm

HI
just wanted some advice im new on here so sorry if i have posted in the wrong area. i have been tryin to get my wife a visa to join me since 17 nov 2010 which we have had 3 refusals the final one bein the first tier tribunal. on the grounds that i do not have sufficent funds and that i have insufficent evidence to prove so. ? but i gave them a bank statement showing savings of 2.500 pounds and payslips as i work in a company and get paid cash because i need to travel to turkey to see my wife and 11 month old baby girl which is why i can not get a job which offers a contract and pays into acc. anyway the judge has give me right to appeal to upper tribunal how long does this take and what do you guys think i need to do considering i have my daughter and wife in turkey plus my daughter bein a british citizen right from birth and having a british passport and birth cert.
please guys any help advice would really chher me up as i miss my family so much

Mr Rusty
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Post by Mr Rusty » Sun Dec 04, 2011 3:57 pm

The Upper Tribunal considers whether the first tribunal decision was correct in law, they don't necessarily reconsider the findings of fact - see this page:-
http://www.justice.gov.uk/guidance/cour ... /index.htm

Surely you have a legal representative, you need to take their advice, or if you don't and you want to take it further you should get qualified legal advice. I suspect you're looking at months rather than weeks to get a hearing, but a lawyer who has audience in these courts should give you a better idea.

arsenal49
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Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Sun Dec 04, 2011 5:00 pm

if you cant satisfy the requirements of visa..then they will NOT grant you visa. if you cant correct the situation, there is no point in going through appeal process because they have made a decision based on the relevant laws.

submit a new app. provide them with everything they want...or..well...if thats not possible you are staring at months....

Obie
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Post by Obie » Sun Dec 04, 2011 6:44 pm

What was/were the grounds for which permission was granted.

Surely the judge would not have granted permission if he did not think the Ft judge erred in law, or you have a strong case.

Have you got a legal representative?

Well when there are children involved several issues like bes.t interest of the child to live with both parents and Zambrano will have to be consirered which tends to count in the appeallant's favour in most cases. I do believe you need to sort out the finance issue.

Best wishes with your appeal
Smooth seas do not make skilful sailors

johnnyboy
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Posts: 2
Joined: Sat Dec 03, 2011 9:43 pm
Location: london

appeal

Post by johnnyboy » Sun Dec 04, 2011 9:46 pm

the problem is that i have £3500 in savings and get paid 500 in cash a week there point is that because i get paid cash in hand and that the salary does not get deposited into the acc by the company they have insufficent evidence og funds but i have wage slips and there is money going into the acc. so were is the justice in that

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