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Appeal hearing Questions to expect

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Papalogic
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Appeal hearing Questions to expect

Post by Papalogic » Thu Jul 19, 2018 12:42 pm

I was refused permanent residence because my ex-EEA partner ID was not summited on my application. I have appeal the decision and have a hearing date for next week. please my concern is this, what type of question should I expect from the Home Office representative? and would the judge ask me any questions also?

Ansarw919
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Re: Appeal hearing Questions to expect

Post by Ansarw919 » Mon Jul 23, 2018 11:36 pm

Hi
I got the same refusal as my Ex didn't provide me with her Id but I m waiting for my hearing date. Please let me know what questioning and judgment happen to you.
Regards

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Re: Appeal hearing Questions to expect

Post by Papalogic » Fri Aug 10, 2018 7:57 am

Okay will keep you informed, my hearing date was changed by the judge till novermber. Am so stressed out about this. I was wondering if i can even change my appeal from oral hearing to paper. I don't know if it's possible? and if it going to be acceptable?

Because on the letter from the court, it was stated that it could be changed again if there are too many cases to be heard.

OlaDPounds
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Re: Appeal hearing Questions to expect

Post by OlaDPounds » Sat Aug 11, 2018 9:01 am

Hi,

it will be more helpful if you state the dates for your cases so that members can be sure of when and if its current or past and also a bit of information should help i.e when you applied and was refused for ID and why you decided to go for appeal so members can be able to advice or suggest ideas and other new member can learn from the ongoing issue.

Cases are treated on their merit and questions to be asked will vary if for example you still in contacr with your ex, on your PR application form if you had stated otherwise or attached his or her passport photograph etc

Did the marriage ended badly?

Can you still get in contact with your ex?

Is he/she still lives where they use or still in the country etc

More information helps
Life is a race so run it well

Papalogic
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Re: Appeal hearing Questions to expect

Post by Papalogic » Sat Aug 11, 2018 2:03 pm

The case date was change toward the ending of these year 2018, in the application I stated we are no longer in communication and I did not provide her ID. So was refused on that ground, I appealed it on lawyers advice that it against the law as I have been awarded five years residence during my initial application before our divorce so that isn’t suppose to be in disputes. Secondly, because on the appeal I provided her photocopy ID. Which suppose to prove she’s under the regulation and should have been granted instead of wasting my time.

As am no longer in contact with her and don’t know where is presently.

OlaDPounds
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Re: Appeal hearing Questions to expect

Post by OlaDPounds » Sat Aug 11, 2018 2:26 pm

Papalogic wrote:
Sat Aug 11, 2018 2:03 pm
The case date was change toward the ending of these year 2018, in the application I stated we are no longer in communication and I did not provide her ID. So was refused on that ground, I appealed it on lawyers advice that it against the law as I have been awarded five years residence during my initial application before our divorce so that isn’t suppose to be in disputes. Secondly, because on the appeal I provided her photocopy ID. Which suppose to prove she’s under the regulation and should have been granted instead of wasting my time.

As am no longer in contact with her and don’t know where is presently.
I had same issue when I applied for my PR and was refused because I did not include Ex ID so my lawyer adviced me not to appeal as that would take longer due to the high number cases so I reapplied and demomstrate it is not under my control to provide my ex's ID by using investigators to look for my ex which they were unable to find and they issue me a report which cost me about £400 to state they looked for her but unable to locate her then my solicitor wrote a letter and stated 2 cases which i then add to the new application and my PR was granted in 8 weeks altogether.
Life is a race so run it well

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Re: Appeal hearing Questions to expect

Post by Ansarw919 » Sat Aug 11, 2018 4:17 pm

OlaDPounds wrote:
Sat Aug 11, 2018 2:26 pm
Papalogic wrote:
Sat Aug 11, 2018 2:03 pm
The case date was change toward the ending of these year 2018, in the application I stated we are no longer in communication and I did not provide her ID. So was refused on that ground, I appealed it on lawyers advice that it against the law as I have been awarded five years residence during my initial application before our divorce so that isn’t suppose to be in disputes. Secondly, because on the appeal I provided her photocopy ID. Which suppose to prove she’s under the regulation and should have been granted instead of wasting my time.

As am no longer in contact with her and don’t know where is presently.
I had same issue when I applied for my PR and was refused because I did not include Ex ID so my lawyer adviced me not to appeal as that would take longer due to the high number cases so I reapplied and demomstrate it is not under my control to provide my ex's ID by using investigators to look for my ex which they were unable to find and they issue me a report which cost me about £400 to state they looked for her but unable to locate her then my solicitor wrote a letter and stated 2 cases which i then add to the new application and my PR was granted in 8 weeks altogether.
Hi
I am in the same situation could you please tell us who's these investigators how do I contact?

Papalogic
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Re: Appeal hearing Questions to expect

Post by Papalogic » Sat Aug 11, 2018 6:29 pm

Okay thanks, my lawyer never thought about getting me an investigator to look for her. plus I cannot apply again without leaving the country as I have run out of my Visa. But I am thinking of changing my oral appeal hearing to written one so that the judge can just read and review the evidence and make a decision. do you think this is possible as I do not think I can wait again?

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Re: Appeal hearing Questions to expect

Post by Obie » Sat Aug 11, 2018 7:36 pm

A person is entitled to switch from an oral to a paper appeal if they so wish. It is their right to do so.
Smooth seas do not make skilful sailors

Papalogic
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Re: Appeal hearing Questions to expect

Post by Papalogic » Sat Aug 11, 2018 11:02 pm

Thanks very much obie for your reply, so much appreciated God bless you.

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Re: Appeal hearing Questions to expect

Post by OlaDPounds » Sun Aug 12, 2018 9:22 am

Ansarw919 wrote:
Sat Aug 11, 2018 4:17 pm
OlaDPounds wrote:
Sat Aug 11, 2018 2:26 pm
Papalogic wrote:
Sat Aug 11, 2018 2:03 pm
The case date was change toward the ending of these year 2018, in the application I stated we are no longer in communication and I did not provide her ID. So was refused on that ground, I appealed it on lawyers advice that it against the law as I have been awarded five years residence during my initial application before our divorce so that isn’t suppose to be in disputes. Secondly, because on the appeal I provided her photocopy ID. Which suppose to prove she’s under the regulation and should have been granted instead of wasting my time.

As am no longer in contact with her and don’t know where is presently.
I had same issue when I applied for my PR and was refused because I did not include Ex ID so my lawyer adviced me not to appeal as that would take longer due to the high number cases so I reapplied and demomstrate it is not under my control to provide my ex's ID by using investigators to look for my ex which they were unable to find and they issue me a report which cost me about £400 to state they looked for her but unable to locate her then my solicitor wrote a letter and stated 2 cases which i then add to the new application and my PR was granted in 8 weeks altogether.
Hi
I am in the same situation could you please tell us who's these investigators how do I contact?
unfortunately Ansarw we are not allowed to share informations like that on this forum but you can check online for tracing investigator they are private and just checkout their reviews so you are sure you picking a reputable one.
Life is a race so run it well

OlaDPounds
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Re: Appeal hearing Questions to expect

Post by OlaDPounds » Sun Aug 12, 2018 9:48 am

Papalogic wrote:
Sat Aug 11, 2018 6:29 pm
Okay thanks, my lawyer never thought about getting me an investigator to look for her. plus I cannot apply again without leaving the country as I have run out of my Visa. But I am thinking of changing my oral appeal hearing to written one so that the judge can just read and review the evidence and make a decision. do you think this is possible as I do not think I can wait again?
Yes you can change your appeal just as advised by Obie whom is one of the senior and consistent member on here but I do not think you can not apply again even as your visa expired you had the residency and already retain right to remain in the country even the HO letter will state to you that you do not need to apply for a visa but if you choose to do so which mean we all applying so we could have a proof we have a right to remain.

For your appeal any question may come out but be very aware most questions will be about your ex.

Note this are just assumptions but very likely

Her D.O.B, nationality, why could you not provide her document, when last did you had contacted her? why can you not contact her now? do you believe she's still in the country?
what effort did you make to look for her? do you have any evidence as proof you did?

it wont be anything difficult just relax some of the cases too home office either abandon by not showing up in court or withdrawl their case before the day.
Life is a race so run it well

Papalogic
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Re: Appeal hearing Questions to expect

Post by Papalogic » Sun Aug 12, 2018 12:08 pm

Okay thanks for the tip, I am still seriously considering writing appeal but I am meeting with my lawyer this week to discuss my concern because I can not wait any further than I already have.

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Re: Appeal hearing Questions to expect

Post by Ansarw919 » Sun Aug 12, 2018 3:19 pm

OlaDPounds wrote:
Sun Aug 12, 2018 9:22 am
Ansarw919 wrote:
Sat Aug 11, 2018 4:17 pm
OlaDPounds wrote:
Sat Aug 11, 2018 2:26 pm
Papalogic wrote:
Sat Aug 11, 2018 2:03 pm
The case date was change toward the ending of these year 2018, in the application I stated we are no longer in communication and I did not provide her ID. So was refused on that ground, I appealed it on lawyers advice that it against the law as I have been awarded five years residence during my initial application before our divorce so that isn’t suppose to be in disputes. Secondly, because on the appeal I provided her photocopy ID. Which suppose to prove she’s under the regulation and should have been granted instead of wasting my time.

As am no longer in contact with her and don’t know where is presently.
I had same issue when I applied for my PR and was refused because I did not include Ex ID so my lawyer adviced me not to appeal as that would take longer due to the high number cases so I reapplied and demomstrate it is not under my control to provide my ex's ID by using investigators to look for my ex which they were unable to find and they issue me a report which cost me about £400 to state they looked for her but unable to locate her then my solicitor wrote a letter and stated 2 cases which i then add to the new application and my PR was granted in 8 weeks altogether.
Hi
I am in the same situation could you please tell us who's these investigators how do I contact?
unfortunately Ansarw we are not allowed to share informations like that on this forum but you can check online for tracing investigator they are private and just checkout their reviews so you are sure you picking a reputable one.
Thanks, i will do

Papalogic
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Re: Appeal hearing Questions to expect

Post by Papalogic » Wed Nov 28, 2018 10:53 am

Please The HO has withdrawn there appeal a day before the appeal hearing date. and decided to issue my residency depending on security checks. Here is my question, How long does the security check takes? what are they going to be checking for? and as I am still in possession of my passport, would they request for it back when they're ready? please anyone with this experience would be greatly appreciated.

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