Appeal FirstTier Tribunal Refused -Spouse Visa- Urget help

[kumarpriya]

Hi All,

My husband have ILR in UK, I have applied Spouse visa from India but application was rejected stating marriage of convenience , then we hired a british lawyer and filed appeal in UK. We had hearing but judge dismissed our appeal stating the same reason and he was not satisfied with the evidences provided. Now please advice what other option do we have and main concern are :

- Is there any procedure to get review the file again within 4 weeks by another judge as suggested by our lawyer ?

- Is it possible to file an appeal in Upper tribunal and hubby can leave UK or he has to be present there personally for Appeal and how much time it can take in Upper tribunal and are there chances of success in that ? As our lawyer suggestion if we wont file the case in Upper Tribunal , it means we are accepting the allegation about genuineness of our marriage and can not apply any visa in future ?

- My hubby 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 .

Thanks

[Ayyubi72]

Only someone who is competent can advise you after looking at all your papers. Everything else would be just pure guess work.

[johnj1]

Hi All,

My husband have ILR in UK, I have applied Spouse visa from India but application was rejected stating marriage of convenience , then we hired a british lawyer and filed appeal in UK. We had hearing but judge dismissed our appeal stating the same reason and he was not satisfied with the evidences provided. Now please advice what other option do we have and main concern are :

- Is there any procedure to get review the file again within 4 weeks by another judge as suggested by our lawyer ?

- Is it possible to file an appeal in Upper tribunal and hubby can leave UK or he has to be present there personally for Appeal and how much time it can take in Upper tribunal and are there chances of success in that ? As our lawyer suggestion if we wont file the case in Upper Tribunal , it means we are accepting the allegation about genuineness of our marriage and can not apply any visa in future ?

- My hubby 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 .

Thanks

What documents did you presented to the judge during hearing? Have you met in person?. Did you presented e-mails, letters, wedding pictures, wedding certificate, plane tickets, phone records, etc. Is the refusal based on "Subsisting Relationship"?.

[kumarpriya]

Could somebody please advise us what we and do next. Awaiting for kind response from someone who has knowledge about these issues.

Thanks

[Ayyubi72]

I think you need to understand that there is no magic answers, and no one is psychic enough to understand your case without looking at your papers.

This is something that you cannot resolve over a free forum. You need to get legal help. Someone competent really needs to look at your full paperwork before guiding you further.

[kumarpriya]

I think you need to understand that there is no magic answers, and no one is psychic enough to understand your case without looking at your papers.

This is something that you cannot resolve over a free forum. You need to get legal help. Someone competent really needs to look at your full paperwork before guiding you further.

Hi, Sorry to say but I am not expecting any magic answers. Only I want to know what is procedure to go to Upper Tribunal and how much time time it can take ? Also do my hubby has to be present for hearing or our legal representative can attend on his behalf even if he is not present there ?

I have read very useful advice from knowledgeable people in this forum that is why I have asked for help and suggestion about further procedures.

[peppekalle]

Your solicitor should advice you on how you can appeal to upper tribunal.it is normally done whether the judge made an error of law.

I don.t know what the judge say it is a marriage of convenience but you have to prove otherwise.

In the determination letter it tells on when and how you can appeal and the time limit set must be strictly adhered to.

[kumarpriya]

Your solicitor should advice you on how you can appeal to upper tribunal.it is normally done whether the judge made an error of law.

I don.t know what the judge say it is a marriage of convenience but you have to prove otherwise.

In the determination letter it tells on when and how you can appeal and the time limit set must be strictly adhered to.

Thanks for your reply. Our lawyer told us that we have 28 days to file an appeal in Upper Tribunal.

In the determination letter which is 20 pages, judge is not convinced by the evidences provided that our is genuine marriage. As per the lawyer suggestion we should go in Upper tribunal but we got so much disappointed with this long and frustrating procedure, now we don't want to proceed further as already we had invested so much time and money in that . Now the main question is

- suppose if we apply after 2-3 years with fresh application with new evidences, does it make sense ?

- Can we file appeal under Human Right ( Article 8 ), where to get guidance for this.

- In the meantime if my hubby leaves UK and shift here in India, what will happen to his ILR ? also will I be able to file spouse visa again ?

Thanks

[kumarpriya]

Your solicitor should advice you on how you can appeal to upper tribunal.it is normally done whether the judge made an error of law.

I don.t know what the judge say it is a marriage of convenience but you have to prove otherwise.

In the determination letter it tells on when and how you can appeal and the time limit set must be strictly adhered to.

Thanks for your reply. Our lawyer told us that we have 28 days to file an appeal in Upper Tribunal.

In the determination letter which is 20 pages, judge is not convinced by the evidences provided that our is genuine marriage. As per the lawyer suggestion we should go in Upper tribunal but we got so much disappointed with this long and frustrating procedure, now we don't want to proceed further as already we had invested so much time and money in that . Now the main question is

- suppose if we apply after 2-3 years with fresh application with new evidences, does it make sense ?

- Can we file appeal under Human Right ( Article 8 ), where to get guidance for this.

- In the meantime if my hubby leaves UK and shift here in India, what will happen to his ILR ? also will I be able to file spouse visa again ?


Thanks

[kumarpriya]

Your solicitor should advice you on how you can appeal to upper tribunal.it is normally done whether the judge made an error of law.

I don.t know what the judge say it is a marriage of convenience but you have to prove otherwise.

In the determination letter it tells on when and how you can appeal and the time limit set must be strictly adhered to.

Thanks for your reply. Our lawyer told us that we have 28 days to file an appeal in Upper Tribunal.

In the determination letter which is 20 pages, judge is not convinced by the evidences provided that our is genuine marriage. As per the lawyer suggestion we should go in Upper tribunal but we got so much disappointed with this long and frustrating procedure, now we don't want to proceed further as already we had invested so much time and money in that . Now the main question is

- suppose if we apply after 2-3 years with fresh application with new evidences, does it make sense ?

- Can we file appeal under Human Right ( Article 8 ), where to get guidance for this.

- In the meantime if my hubby leaves UK and shift here in India, what will happen to his ILR ? also will I be able to file spouse visa again ?


Thanks

Dear All,

We had submitted our request to FTT to go for Upper Tribunal and indicate that the judge made error of law and we have got the leave to appeal and we have got the hearing date for upper tribunal for 4.09.2013. Now the situation is that my hubby has winded up everything and prepared to leave UK and come back to India by next week , in between that we have got this hearing date. We are confused that what should we do now because we do not believe that we will be given justice in UK and we had filed further appeal just to have any hope in the future. So should we write any letter to request for new hearing after 6 months becoz may be my hubby needs to go to UK in 6 months for official visit or should hearing can be done in his absence also or should we withdraw this appeal ?

Could anybody pls advise, it will be so much appreciated and of great help for us.

regards

[annimileva]

Hi , me and my husband applied for spouce visa at 2012. Till now home office keep our documents with them . They've asked us to attend an interview in Liverpool at June and after the interview they've arrested him. We went me , my husband and my son from my first marriage who lives with us . Was shocking as we gave them all the evidence needed that we are living together for more then two years . Now he is not anymore detained and we've applied for first tier tribunal hearing . We are scared about our future. Any advise of what we should expect at the hearing and what is our chance to succeed ? They've reject the visa because they've said is a marriage of convenience and because my husband claim asylum seeker before I met him , only because he didn't want to be deported