Spouse Appeal Hearing Day

[azer1]

Hello,

Please help me with your invaluable advice

My husband applied for a settlement spouse Visa in his country but was rejected.We appealed.We got married in UK when he was a visitor overstaying his 6 months visa.The Eco was not satisfied with our Maintenance,accomodation,and marriage.

I worked hard to meet the Maintenance and accomodation requirements.I have a better income now and a adequate accomlodation as required.

We regularly phoned,sent letters,and cards to each others since he left a year and 4 months ago.

We have our hearing Date next month and I will be present in the appeal court to support him.But I worry about the fact that I had never visited him.Why? Because his parents never agreed about our marriage.Naturally,I felt upset and hurt and decided never to visit his country.As for him,he vainly tried to convince me to come many times.But my love for my husband is genuine and I am ready to prove it by any way other than visit his country.It may seem a funny situation but that is a fact.By the way,we are both over forty and as my husband says :"My parents opinion is respected but marriage is personal especially when you are over forty"

Please tell me if this problem could affect our appeal.And what must I say especially to the immigration judge next month?

Many thanks

[cuddleypete]

hello there

iam not sure on your out come ,but i think scouser and gu22 will be able to help you both,i wish you all the best for you next month ,and hope your appeal goes the way you want.

[the scouser]

If you are unrepresented at the hearing, the immigration judge should guide you through the process, so it's not as daunting as it appears. However, prior to the hearing itself, you should submit your bundle to both the court and the Home Office Presenting Officers Unit. This is basically an outline of your case and the evidence upon which you'll be relying at the appeal. When you give evidence, you will then expand upon this base outline. I would include all of the evidence that you've alluded to in your post; i.e. that despite having been apart you have remained in close contact, that you have sufficient funds to provide for you both, and that you have adequate accommodation. You might wish to explain to the court why you have not been to visit your husband. The immigration judge is unlikely to announce his decision there and then, but will probably reserve judgement and you will then be informed of the outcome in writing within about 2 weeks of the hearing. That's called the determination.

Should your husband's appeal be allowed, the Home Office then has the opportunity to appeal to a higher court, but can only do so on the grounds that the adjudicator erred in law in allowing the appeal. The ECO will be notified that your husband has won his appeal but this can take months. Consequently, should you win, your husband should present the ECO with a copy of the determination and evidence that the Home Office has not sought to appeal to the higher court. The visa should then be issued unless there has been an adverse change in his circumstances since the application was last considered.

All the best,

Scouse.

[GU22]

As usual, excellent advice from Scouse. However, I would raise one other point:-

We got married in UK when he was a visitor overstaying his 6 months visa.

I have to say that in these circumstances it is not surprising that the ECO had doubts over the validity of the marriage.

I feel that you will need to satisfactorily explain to the court the reasons for the overstay and the reason why you married while he was in the UK illegally. Why could he not return home? You have explained why you wont go to his country, but he could have returned home and applied for a fiance visa, which would have allowed him to come back to the UK to marry you and then apply for settlement.

My husband applied for a settlement spouse Visa in his country

Did he leave the UK before or after his overstay was discovered? If he returned home and the overstay was only discovered by the ECO when he applied for the spouse visa then you, IMO, have a strong case. If the overstay was discovered and he was removed from the UK after the marriage, then you still have a case. I know of several couples who have been successful in both of these situations, like you they had plenty of contact evidence.

But if the marriage took place after he was discovered but before the removal, then I think you are going to find it very difficult to convince anyone that this is a genuine marriage.

Edit:-

Just had a look at your previous posts, where you say you are a Thai male. Now you are a British woman. Please post as one identity to avoid confusion.

Edited April 17, 2006 by GU22

[the weaver]

Assuming that this request for advice is genuine, you will not be able to present new evidence such as your job has improved since the applcation was refused or that you now have larger accommodation. An appeal is just that. You are suggesting to the appeal judge that the eco was wrong to reject your application on the evidence presented to him/her. Should your circumstances have changed for the better and you would like the application to be reconsidered in the light of this then you would need to reapply and pay a new fee.

[GU22]

With respect, weaver, the rules on appeals have changed. Appellants are now allowed to present new, relevant, evidence.

[azer1]

Assuming that this request for advice is genuine, you will not be able to present new evidence such as your job has improved since the applcation was refused or that you now have larger accommodation. An appeal is just that. You are suggesting to the appeal judge that the eco was wrong to reject your application on the evidence presented to him/her. Should your circumstances have changed for the better and you would like the application to be reconsidered in the light of this then you would need to reapply and pay a new fee.

Hi Gu 22,the Scouser,and the weaver

Thank you v much for your help

Sorry about the identity confusion.But we both,husband and wife,use this post.We apologize if this is not allowed.

I am surprised that our new evidence regarding better maintenance and adequate accomodation will not be considered.The AIt had told us that we could send "additional documents" and wrote a letter asking us to send directions: witness statements and documents in a paginated folder and send copies of these to the home office Presenting officer .

Doesn't all this mean we could send new evidence that will have an impact on our case?

Many thanks

[the scouser]

You can produce any evidence that is relevant to the matters under discussion at the appeal. If you have, for example, moved in to a bigger house, this information can be considered by the immigration judge.

Scouse.

[GU22]

Sorry about the identity confusion.But we both,husband and wife,use this post.We apologize if this is not allowed.

Not a problem, it's just confusing unless we know.

I am surprised that our new evidence regarding better maintenance and adequate accomodation will not be considered.

It will be, the weavers information is out of date.

[the weaver]

Sorry about the identity confusion.But we both,husband and wife,use this post.We apologize if this is not allowed.

Not a problem, it's just confusing unless we know.

I am surprised that our new evidence regarding better maintenance and adequate accomodation will not be considered.

It will be, the weavers information is out of date.

whoops sorry guys when did this change?

[azer1]

Thanks a lot the scouser and GU22

Top people,Top forum

Best wishes