Is it worth appealing?

[naija99]

Good Morning forum

My friend was in the UK on a student visa valid til 30 Sept 2013. On 26 Sept, she applied for spouse visa as she is married to a British citizen. No kids yet.

At the time of applying she had not taken the English Language test but had planned on taking it mid Oct by which time she assumed the home office would not have processed her application. She got confused over the test dates for speaking and listening etc so she missed the date to sit the test and registered again to sit it mid Nov.

In the meantime the home office considered her application and refused it on the basis of no English Language certificate and also her husband did not meet the financial requirement.

If she had passed the test she assumed the home office would have waited for the outcome of the court of appeal case before refusing on financial requirement.

1) She has been given the right of appeal but is not sure whether to appeal as at the date of the application she did not meet the requirements.

2) What effect would this have on her in relation to becoming an overstayer. Is it worth appealing to avoid becoming an overstayer?

3) Should she simply just reapply but now her student visa has expired would she be expected to return back home and apply from there?

4) She is pregnant with their first child due in April next year so I suppose EX1 would apply now, or would it?

Any advice would be greatly appreciated.

[Amber]

The tribunal can consider evidence arising after the date of the decision by virtue of section 85(4).

[njoy1987]

the rules cant be any clearer English test is a requirement, she didnt meet that requirement missed dates for test? condused?? sounds like self inflicted damage to matters so important to ones life

now the only thing is book and pass a test and appeal lucky u got ROA is she had the test the financial requirement could have easily be appealed due to recent court ruling rendering it unfair.

just find out what test can be taken and submit it in time which your friend hasn't got much of and which she has wasted alot of

[naija99]

Thanks Amber and njoy1987- so if an appeal is lodged and the Tribunal are able to consider the English language requirement (which she should have passed at date of hearing) - what is likely to happen in respect of financial requirement?

Would the appeal hearing be listed to take place before the outcome of the court of appeal case. Has the court made the ruling yet that the financial requirement is unfair?

[njoy1987]

what is likely to happen in respect of financial requirement?

http://www.immigrationboards.com/viewtopic.php?t=139436

http://www.immigrationboards.com/viewtopic.php?t=132671

its all there