Post
by ENO » Mon May 29, 2017 6:11 pm
Thanks.
Summary of history:
Entered UK as student in 2004. completed PhD in 2009, got a job and applied to be transferred to Tier 1. Application refused, appealed and refused on 1st tier. Got married to my gf on post work study visa and had a child. Wife applied for PhD scholarship and accepted. I applied for permission to appeal to upper tribunal and succeeded, but appeal refused after hearing. Wife started PhD. I applied to court of appeal for permission and it was refused. I made fresh application FlR(O) and it was refused on the basis that wife and child are not British or EEA nationals. and IS96 and Temporary admission issued to me and child. Appealed and succeeded as Judge ruled allowed on the basis of unlawful decision until lawful is made by HO. Wife completed PhD and got a job with T2 granted. HO did not appeal and at expiration of appeal period, Rep contacted HO for grant. HO refused and appeal granted. Then appealed 1st tier tribunal and refused after hearing. On the basis that child could go with dad and mum could stay to help financially to resettle. Dad is too skilled not to get a job after a while and could cling to married relatives for help. Wife too skilled not to join husband if she wants and could get a job. Judge suggested that we seek dependant visa and that she expects it to be granted if conditions are met. Child was just 5 and that pregnant wife could be looked after by NHS. Baby born 6 weeks ago. Applied for permission to appeal to 1st tier and refused; applied to upper tribunal directly and refused. Now confused on the way to go
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