Settlement visa refused - help with appeal

[MESSILEO]

Hello

I am new to this site and have been reading up on comments from other users etc so I hope I can find some assistance on this.

I am British (born in UK) and my husband is from Albania. Basically my husband was in the UK as he had claimed asylum which he was refused. After being refused asylum status he overstayed for around 7 months and then voluntarily left the UK to go back to Albania where we got married. He was given a one year re-entry ban in July 2015. We married October 2015 in Albania. He applied for a spouse visa (settlement visa) in Aug 2016 and was refused entry clearance in October 2016. My husband was in the UK in total around 2 years or something like that maybe even less than 2 years and while his asylum case was on going he was not illegal as was given temporary release but it was November 2014 he became an over stayer as his asylum case was refused and appeal rights exhausted and he decided to go back to Albania in June 2015.

He was refused entry clearance for the settlement visa under paragraph 320 (11) for failing to comply with reporting restrictions imposed on you as part of the conditions of your temporary release. It was also mentioned he was detained for removal but actually he had handed himself in to the home office by his own choice and accord hence the reason the re-entry ban given was for 1 year.

I am expecting our first child which is due in the next few months so as you can imagine we are going through a really distressful time. I have not been able to visit my husband for a good few months now since my pregnancy and we are just really disappointed in the way things have turned out.

I have seen a solicitor to lodge the appeal which was faxed to first tier tribunals on the 2nd of November 2016. The payment of £800 has not yet been taken from my bank account therefore I am worried about whether or not the fax was received by the tribunal. We only have 28 days to lodge an appeal therefore im really stressed out as I don't want to miss the deadline which is the 16th of November, and the customer service for the tribunal appeals advised me they cannot confirm if the fax was received as they are currently working on appeals which were sent dated 26 October as there is a backlog. I don't know what to do anymore with the whole situation and would really appreciate advice from anyone who has been in this similar situation and been refused under the same rule. Is there a chance of the decision being overturned? is there a chance of the appeal being allowed at first tier tribunal stage or are we fighting a battle which we will never win

Thank you

[Elliewifetoalbanian]

Hi.

My husband is Albanian and we recently got our visa after winning the appeal - only difference is my husband was released on bail from the immigration centre and allowed to remain in the U.K. While application processing and then for the appeal.

The appeal fee didn't come out my bank until 3-4 weeks later aslong as you have proof the fax went through (you can print a report on fax) you'll be fine

We were refused as my husband had "frustrated the immigration rules and provided fraudulent documents to enter the uk and in an attempt to deceive them and they did not believe we lived together akin to marriage

We were refused august 2015, I fell pregnant in September 2015 and we had our first child in July, and our appeal 10 days later. We basically won because of our daughter as she is a British citizen she has a right to both parents in her life

I wish you the best of luck.

[MESSILEO]

Thank for sharing your experience. Im really happy it worked out for you. Can i ask how long after being refused was your appeal heard? And did you win the appeal at first tier tribunal hearing? Ours is an out of country appeal which i giess may take longer than in country appeal im really scared of never being able to live with my husband here in uK and our baby nit having him in its life.

I need to speak to the solicitor to get confirmation of the fax receipt i guess if i find she does il be less stressed out. I also want to confirm she faxed the correct number for peace of mind. How did the appeal procedure go? Thank you

[Elliewifetoalbanian]

We used a solicitor too who dealt with everything for us and had a barrister represent us on the day

We were refused august, appeal heard July so almost 11 months.

The key thing to winning our appeal was providing loads of evidence of things we were refused on, and focusing on our daughter. Her birth certificate etc. It was so stressful being pregnant and thinking my husband could be deported any day - he had to report to the police station and was unable to work so it was a nightmare.

The hearing itself was horrible, we'd had a bail hearing so I knew what to expect, but we had the same home office representive again and she was just so offensive and making completely wild accusations like my husband was a murderer. She said it didn't matter if he was deported as our daughter was too young to know who he was so it wouldn't affect her.

[MESSILEO]

Thank you again for your response. I have been told 12-18 months wait for a hearing so I am just really distressed as my husband will miss the birth of our baby and potentially the 1st year or more of its life - or longer. I just don't know what to do its horrible. I have been so stressed out in my pregnancy because of this so I can imagine what you went through and so many others who have been through this in similar situations. you want to be able to enjoy your pregnancy but I have not been able to fully do that.

what kind of evidence would you suggest to focus on for a hearing? did your solicitor advise you on this? any help or pointers would be greatly appreciated. did you go to a first tier tribunal hearing or beyond that?

I am just scared that this battle is going to go on and on for a good few years. It would have been a little better to have my husband in the UK while this was on going but he is in Albania so it makes things much more difficult. I have read that the home office representatives/entry clearance officers don't consider the child much at all. it's really upsetting that they feel the child is too young to be affected, its really not true, of course the child would be affected as would the father and mother, everyone wants to have their family together regardless of the child's age.