Settlement visa application - referred to tribunal

[@yahoo.co.uk]

Hi everyone

Some background: Wife applied for settlement visa in June 2011
Refused in Sept 2011 due to 3 things: didn't include original divorce papers from last marriage and didn't include a cert for ESOL spoken test + no proof of rent/mortgage provided

Now, we appealed within the 28 day period with:
1) Added original divorce paper
2) included ESOL cert, which arrive at end of October
3) House is freehold so no mortgage or rent to pay (as evidenced originally), so obtained bank letter to that effect

We hoped the original decision would be overturned given the appeal and papers submitted, but got a letter last week to say this has been referred to tribunal with mid-Feb deadline.

My questions:
1) Can I ask them to recconsider as we have given all required/requested evidence?
2) If they insist on the hearing, what are her changes of success? The only thing I can see as an issue is the spoken element of the ESOL cert was obtained in October, after the original application
3) is it worth considering re-appliying from scratch? If we do that, how do we get all the original documents (as sent in the appeal) from them to include in one pack?

Thanks in advance

[diehard]

Hi
Since the english language certificate was obtained AFTER the refusal decision, there is a chance of being refused i suppose, but it depends on the judge, I would still wait for the hearing though
Good luck

[geriatrix]

Please continue in your previous topic.