FLR(M) require quick/good advice on appeal and solicitors

[winny P]

Thank you for reading, I have been perusing this great forum for a couple of years but have joined now to seek urgent assistance.

I submitted a married spouse application last year September, and after the UKBA did not note my change of address, have completed biometrics and received a rejection letter dated 6 June (received 14th) stating that the diploma submitted as proof of the English language requirement was insufficient and not recognised. I now need to file an appeal by the 19th (can I do this On or Before?)

I have just registered for an A1 English test (4 weeks till certificate arrives) to present a correct certificate with a verbal appeal but one solicitor is anticipating a problem not mentioned in the refusal letter:

I changed from a non expired EEA family member visa from a previous marriage (before then was a 3 year working holiday visa) where it took a long time to get divorced after splitting up. The solicitor thinks that the issue of me overstaying on that visa after the grounds for remaining were null, (my previous relationship ending) may cause issues in the hearing.

Aside from claiming that the HO should have asked for correct proof of the language requirement instead of outright refusing and claiming human rights on family disruption if I am made to leave and reapply from my home country South Africa, what else can I say? We have no kids but are genuinely married for 1 year now and my wife is partially dependent on me financially.

My wife and I have been considering a solicitor but have not yet decided as one in Camden quoted us £3600! to take the case and time is running out, is there one that can be recommended otherwise?
I would be very grateful for your advice.

[verbina]

Thank you for reading, I have been perusing this great forum for a couple of years but have joined now to seek urgent assistance.

I submitted a married spouse application last year September, and after the UKBA did not note my change of address, have completed biometrics and received a rejection letter dated 6 June (received 14th) stating that the diploma submitted as proof of the English language requirement was insufficient and not recognised. I now need to file an appeal by the 19th (can I do this On or Before?)

I have just registered for an A1 English test (4 weeks till certificate arrives) to present a correct certificate with a verbal appeal but one solicitor is anticipating a problem not mentioned in the refusal letter:

I changed from a non expired EEA family member visa from a previous marriage (before then was a 3 year working holiday visa) where it took a long time to get divorced after splitting up. The solicitor thinks that the issue of me overstaying on that visa after the grounds for remaining were null, (my previous relationship ending) may cause issues in the hearing.

Aside from claiming that the HO should have asked for correct proof of the language requirement instead of outright refusing and claiming human rights on family disruption if I am made to leave and reapply from my home country South Africa, what else can I say? We have no kids but are genuinely married for 1 year now and my wife is partially dependent on me financially.

My wife and I have been considering a solicitor but have not yet decided as one in Camden quoted us £3600! to take the case and time is running out, is there one that can be recommended otherwise?
I would be very grateful for your advice.

Hiya Winny, welcome to the forum!

Sorry to hear about your troubles, bad luck you've not got much time unti your 19th deadline for appeal.

The Camden solicitors who quoted you £3600 for appeal sound way too steep! I mean I dont know your exact situation and all that, but I believe the usual fee for appeal is around £1600 included HO fees...

I may be wrong..

Anyways, Im using Latitude Law solicitors , they are based in Manchester, but also they have an office in London.

They are fairly well-known, but very reasonably priced.
The guy you wanna speak to is Gary Mc Indoe -he is based in Manchester, but he ll advice you on the best person to speak to in London.

0161 234 6800 Manchester
020 7979 2099 London

Alternatively there are guys at Visalogic Solictors ( google them), they are based in Maidenhead, they mostly represent clients from USA, Aussie, Kiwi, so being from South Africa, they may be a perfect choice for you!

Best of luck hun! Let us know how you get on!

[yummymummy3j]

Thank you for reading, I have been perusing this great forum for a couple of years but have joined now to seek urgent assistance.

I submitted a married spouse application last year September, and after the UKBA did not note my change of address, have completed biometrics and received a rejection letter dated 6 June (received 14th) stating that the diploma submitted as proof of the English language requirement was insufficient and not recognised. I now need to file an appeal by the 19th (can I do this On or Before?)

I have just registered for an A1 English test (4 weeks till certificate arrives) to present a correct certificate with a verbal appeal but one solicitor is anticipating a problem not mentioned in the refusal letter:


I changed from a non expired EEA family member visa from a previous marriage (before then was a 3 year working holiday visa) where it took a long time to get divorced after splitting up. The solicitor thinks that the issue of me overstaying on that visa after the grounds for remaining were null, (my previous relationship ending) may cause issues in the hearing.

Aside from claiming that the HO should have asked for correct proof of the language requirement instead of outright refusing and claiming human rights on family disruption if I am made to leave and reapply from my home country South Africa, what else can I say? We have no kids but are genuinely married for 1 year now and my wife is partially dependent on me financially.

My wife and I have been considering a solicitor but have not yet decided as one in Camden quoted us £3600! to take the case and time is running out, is there one that can be recommended otherwise?
I would be very grateful for your advice.

try sunrise solicitors in merton

[vinny]

See also Any good law firm recommendation?

[vinny]

There may be issues with failing E-LTRP.2.1.

[winny P]

Thanks all for your recommendations I am calling some solicitors today, this one will be tricky.

An additional question, if the appeal fails I may go to Ireland for 3 months. Would it be possible for my wife to do a fast track appeal by herself from London?

[Ayyubi72]

Thank you for reading, I have been perusing this great forum for a couple of years but have joined now to seek urgent assistance.

I submitted a married spouse application last year September, and after the UKBA did not note my change of address, have completed biometrics and received a rejection letter dated 6 June (received 14th) stating that the diploma submitted as proof of the English language requirement was insufficient and not recognised. I now need to file an appeal by the 19th (can I do this On or Before?)

I have just registered for an A1 English test (4 weeks till certificate arrives) to present a correct certificate with a verbal appeal but one solicitor is anticipating a problem not mentioned in the refusal letter:

I changed from a non expired EEA family member visa from a previous marriage (before then was a 3 year working holiday visa) where it took a long time to get divorced after splitting up. The solicitor thinks that the issue of me overstaying on that visa after the grounds for remaining were null, (my previous relationship ending) may cause issues in the hearing.

Aside from claiming that the HO should have asked for correct proof of the language requirement instead of outright refusing and claiming human rights on family disruption if I am made to leave and reapply from my home country South Africa, what else can I say? We have no kids but are genuinely married for 1 year now and my wife is partially dependent on me financially.

My wife and I have been considering a solicitor but have not yet decided as one in Camden quoted us £3600! to take the case and time is running out, is there one that can be recommended otherwise?
I would be very grateful for your advice.

Based on the information your have provided, your appeal will be dismissed 100%.

You did not meet requirements of spouse visa because:

You did not have valid leave at the time of application.
You did not meet english A1 requirements.

Court will only look at whether you met requirements of immigration rules at the time of application, and you clearly did not meet those requirements. You cannot somehow meet the requirements of rules now post decision, and ask the court to back date the decision. You can't have it both ways.

The only consideration in the court will be, if you met the requirements of immigration rules on the date of application, and because you clearly did not, adjudicator/judge will have no discretion or power to grant your appeal. The only option he will have is to dismiss your appeal, which he will do straightaway.

[winny P]

Hi all, an update regarding my application. Shortly after I sent the appeal I completed a language test, it was tricky as the blasted government has now dictated that you need a passport only to complete the test! Thankfully I found a place and got the minimum requirement test to send post appeal 4 weeks later (the appeal stated I was to complete one) After the appeal was submitted in July I only had the appeal hearing in mid December and the outcome was successful!

As the basis for the denial by the HO was on language grounds, the matter discussed by the judge and solicitors was the proof of language only. This is fortunate as the solicitors were concerned that other aspects of the application such as the grounds to remain following my previous divorce could have been an issue. The HO representative kinda confirmed that the hearing could have been avoided if someone at the HO looked at the certificate sent in following the appeal (could have saved melosing my job) but clearly they are too disorganised for that. I has since taken two months for my residence permit to arrive, mid February.

I ended up going with Latitude law on the advice of another poster here and am glad I did. The caseworker could have been more on the ball but Gary himself was very professional, understanding and capable.