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Advice needed please

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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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racim
Member
Posts: 155
Joined: Thu Oct 14, 2010 11:15 pm

Help needed judicial review next week

Post by racim » Thu Apr 12, 2018 4:03 pm

Hello everyone
I hold British citizenship, my wife was granted ( entry clearance ) when she entered uk in 2014 ( spouse ).
Last year When we applied for her renewal to stay we had to go through FLR Fp route not FLR M route because she was not working and my income circumstances has changed as well, not doing enough hours to reach £18.600.
Our application has been refused without giving right of appeal in uk, and They asked her to leave to country and appeal from back home ( which it was a really shocking decision to us )
Now we got hearing judicial review next week, I just want some tips from ppl who went through this or knows what should we say in hearing and was is our chance to win the case
Thank you very much kindly

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Help needed judicial review next week

Post by Obie » Thu Apr 12, 2018 6:03 pm

Are you not being represented by a solicitor?
Smooth seas do not make skilful sailors

racim
Member
Posts: 155
Joined: Thu Oct 14, 2010 11:15 pm

Re: Help needed judicial review next week

Post by racim » Thu Apr 12, 2018 6:21 pm

Obie yes I am
But I wanted to hear from you, so ( I & wife ) would know what to say ... bisically to get more tips what to say on the hearing
And what would you think of our case please
Thank you

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Help needed judicial review next week

Post by Obie » Thu Apr 12, 2018 6:52 pm

If you are being represented, then no questions will be asked of you.
Smooth seas do not make skilful sailors

racim
Member
Posts: 155
Joined: Thu Oct 14, 2010 11:15 pm

Re: Help needed judicial review next week

Post by racim » Thu Apr 12, 2018 6:59 pm

Appreciate your answer Obie
What would you think of our case please !

racim
Member
Posts: 155
Joined: Thu Oct 14, 2010 11:15 pm

Advice needed please

Post by racim » Wed May 09, 2018 3:59 pm

I hold British citizenship, my wife was granted ( entry clearance ) when she entered uk in 2014 ( spouse ).
Last year When we applied for her renewal to stay we had to go through FLR Fp route not FLR M route because she was not working and my income circumstances has changed as well, not doing enough hours to reach £18.600, but I think the first mistake we made is fill the application ourself so we did not cover everything.
Our application has been refused without giving right of appeal in uk, and They asked her to leave to country and appeal from back home ( which it was a really shocking decision to us )
We went through judicial review hearing judge maintained home office decision
My solicitor said we can make a fersh application now,
And add my brother who lives here and get a good salary as my sponsor ( his pay slips + bank statement + covering letter + photocopy of his passport ) + all our document needed + references
Do you think guys would this work or is just waist of time and money, is better to replay from back home !!
Thank you

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Advice needed please

Post by Casa » Wed May 09, 2018 6:29 pm

racim wrote:
Wed May 09, 2018 3:59 pm
I hold British citizenship, my wife was granted ( entry clearance ) when she entered uk in 2014 ( spouse ).
Last year When we applied for her renewal to stay we had to go through FLR Fp route not FLR M route because she was not working and my income circumstances has changed as well, not doing enough hours to reach £18.600, but I think the first mistake we made is fill the application ourself so we did not cover everything.
Our application has been refused without giving right of appeal in uk, and They asked her to leave to country and appeal from back home ( which it was a really shocking decision to us )
We went through judicial review hearing judge maintained home office decision
My solicitor said we can make a fersh application now,
And add my brother who lives here and get a good salary as my sponsor ( his pay slips + bank statement + covering letter + photocopy of his passport ) + all our document needed + references
Do you think guys would this work or is just waist of time and money, is better to replay from back home !!
Thank you
This article by Freemovement will give you an idea of what you need to prove.

https://www.freemovement.org.uk/home-of ... g-mm-case/
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

racim
Member
Posts: 155
Joined: Thu Oct 14, 2010 11:15 pm

Re: Advice needed please

Post by racim » Thu May 10, 2018 12:00 am

Thank you for you replay
So does it mean if I make a new application Would work or is better for my wife to leave the country and appeal from back home !!

lutga
Newbie
Posts: 33
Joined: Thu May 10, 2018 11:15 am
Japan

Re: Advice needed please

Post by lutga » Thu May 10, 2018 11:32 am

Given the length of time needed to appeal (6 months+), it almost always seems better to start a new application, despite the cost, especially if the circumstances of your application and information you are including has changed.

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Londoner007
Diamond Member
Posts: 1651
Joined: Mon Feb 13, 2017 9:29 am

Re: Advice needed please

Post by Londoner007 » Sat May 12, 2018 11:29 pm

Bad idea suggested - as going back to your country can make it harder to start again. Seek the advise of your legal representative.
Verily, After Hardship Comes Ease

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