ok here is my situation:
I got married in the uk to my husband who is algerian in march 2011 ( he is illegal or was!)
left the uk April 2011 ( i went for 2 weeks then back to the uk till august)
applied for visa in august 2011
visa refused november 2011
appeal date 11th April 2012
now the visa was refused due to me (sponser) not having a job, i quit in august to come and stay in algeria with my husband as it was too hard to stay away from him so they are saying we wont be able to maintain ourselves without public funds so they refuse us under paragraph 281 (v) and 320 (7a)
Not recieveing the english requirements - they asked for 13 and 19 in TOEFL speaking and listening so they refuse us under paragraph 281 (ii) as my husband got 3 and 14
And also we stated my husband traveled to the uk in 2006 illegally but they have no recored of him entering the uk, applying for any visas and that he has breached the uk immigration rules under paragraph 320 (7b) and as we are applying under paragraph 320(7c) the application is an exception to paragraph 320(7b) but in this case they are statisfide that paragraph 320(11) is relevant. but therefore refuse on 320(11) (basically refused him because of him being illigal )
now... after all of that we have applied for and appeal which is going to take place on the 11th april 2012, so soon!! in the time they refused the visa i am still in algeria however traveling back to the uk on the 28th ready for the court hearing then flying back out after. I have a job lined up, which i have a job letter, it is only part time at 20hrs per week for £7ph but its better than nothing. we also have a 3 bedroom house ready for when we come back rent free for the first 6 months. which we have a letter from them stamped by a solicitor. we also have my parents mortgage letter with them saying they will sign over the mortgage if this will help ur 'funds' and on top of that we also have all there support.
we are legally married in the uk and now legally married in algeria which we have the translated certificates for this. I laso have my recidency for algeria which is also translated and my husbands bank statement for a bank in algeria which has 1000 uk pound in it. on top of that i will be providing my bank statements for the past 3 months, i only now have £400 left.we also providing all flight tickets which were paid in cash by my husband as i have traveled back to the uk 2 already.
also my husband has done the TOEFL test 2 more times obtaing the highest score of 11 and 17, 2 marks off which they required but now the law has changed to the TOEFL results only being 5 and 9, will this help our case at all as the law changed in january. will they use this for the appeal or will they tell us we need the higher score? which is stupid!
all in all im going to the appeal by myself and my family so no legal representive. im scared and happy at the same time as we have covered everything but i dont know much about the legal side of things, im doing research n what not but i want to know what we have will they be enough and what else can we do. Also we have involved our local mp who they sent a letter to the first tier tribunal as well.
Any input will help loads sorry its long and probs full of spelling mistakes
sorry! and thanks!!! x