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Awaiting hearing at Upper Tier Tribunal

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TLC
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Posts: 1
Joined: Fri Oct 14, 2016 5:34 pm

Awaiting hearing at Upper Tier Tribunal

Post by TLC » Fri Oct 14, 2016 7:52 pm

Dear all, I hope someone who has a similar experience as mine or at least have some knowledge help me.
I have been awaiting an appeal hearing at the upper tier tribunal since February and it's now October that makes it 8 months. I hope I win this appeal on article 8 human right act as I have a British baby and my girlfriend is also British. So my questions are:
1.How long more do I have to wait before the court calls me to appear?
2.what are my chances based on this fact?
 3. If I win could the home office appeal the UT decision?
4. If the HO doesn't appeal how long till they send me my legal documents so I can work and start living as a normal human being?
5. if I lose this appeal what else could I do?
Thanks

Alicia_4076
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Posts: 14
Joined: Sun Jan 10, 2016 6:20 pm

Re: Awaiting hearing at Upper Tier Tribunal

Post by Alicia_4076 » Fri Oct 14, 2016 11:28 pm

Firstly, your solicitor should have gone through all of these with you, It's why you're paying them.

That said, UTT is a very long process, I know someone who waited over 18 months for a hearing date, 5 months for a decision, only be loose the appeal...I can't really comment on your chances of success without further information on your immigration history, living situation etc. Have you been granted permission to present your case at the UTT? If so then it's a little glimmer of hope but not at all guaranteed. Again it all depends on your immigration history, ties to the UK compared to your home country, your character etc. Whilst it is wrong to split up a family, there are thousands of cases where family with even stronger family ties in the UK loose appeals. So it all depends on how good a case your solicitor and barrister puts forward. But be prepared for a long and lengthy process cos it's what the UTT are known for. And if you win, yes the home office can appeal. Also if you win and the home office do not appeal, I know of a friend who waited a year before the home office issued him his ILR after winning his appeal. If you loose your appeal, then as hard as it may be, then you may have to find other route, like go home with your family, marry, then come back in as a spouse, again another lengthy complicated process. Best of luck

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