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Appeal Allowed - My Story



My appeal was allowed on the 13th of July 2009 at Taylor House and I was told in the court, well my barrister made the judge tell me at first the judge said no I can't tell you, you will have to wait for the letter but then my barrister told him it was my birthday and I'd be really happy and able to enjoy it better so the judge said in that case I'll say APPEAL ALLOWED!!!!!!

A bit of Background:

Applied for visa: 3rd Feb
Refused: 5th Feb
Appealed: 12th Feb
Appeal Pending: 6th March
Bundle Date: 14th July
Hearing Date: 13th July @ Taylor House (My Birthday)

Decision: YES on the day of the hearing; Barrister made the judge tell me the decision because it was my birthday!

Refusal Points:

1) 320 (11)

2) Whether relationship is subsiding

3) Accommodation

4) On going contact

5) No Job for Husband

My barrister had already dealt with this judge on many occasions so told me he was a good judge and had nothing to worry about before we went into the court.

The whole hearing was very casual as my barrister already knew the judge and I was being normal and talking to the judge as if he's just another normal person. I was in there for about 45 minutes only because the judge did not rush anything and just took his time going through things slowly and calmly and have a polite conversation about my honeymoon destination and enjoyed looking at the pics. my barrister asked me most of the questions because he knew it would look good and sound better coming from me in my own words and i really wanted to take part in the hearing and let my side of the story be known.

1) The judge said this was a time waste refusal point as it was a marriage case and he would be granted the visa anyway considering he met all the other requirements. The Judge and the barrister both said this 320 rule was silly because the home office say if you have been illegal in the country for 14yrs and can prove it you can be granted leave to remain forever yet my husband has only been illegal here for 9 years and went back on his own decision and was never brought to the attention of the immigration and they say you can never come back unless married to a British citizen. Both the barrister and judge laughed about this. He asked me why he had decided to go back i told him because his mother was on her death bed and wanted to see her son get married. we got married on new years day.

2) The judge looked at the bundle and all the photos in it, he asked me questions about some of the photo's silly ones really. Who is in this pic? What is going on in this pic? (Me and his two sisters were sitting down…lol) who's teddy bear are you holding? (My big cream teddy in our bedroom in India). He asked when I last saw him so I told him it was on 30th May when I flew back and about all the other trips before that. He asked the dates and I couldn't remember the exact dates. He said that okay and I told him all the tickets have been copied into the bundle and he was fine with that.

3) The judge never received the accommodation survey as it was sent after the bundle and got stuck in the postal strike so my barrister gave him his copy, he had a look at it and said that's fine let's move on.

4) My barrister also told him I had a lot of phone bills but the judge said that's fine he doesn't need to look at them as he has enough evidence regarding this point. (trips to India)

5) The judge asked me if he is going to work when he gets here, I said yes and there is a job offer letter he said yes that's fine. I told him he has already passed his license for a lorry driver and showed the judge the original. The poor thing couldn't work out where to look to see if its valid for a lorry so I had to tell him to look at the back of the license and he's like oh is it these little pictures and I was like yes.

The judge finished with me here and my barrister said I had brought my best friend in for support and as a witness so then she was called in. the judge asked her when she first met my husband and when she last saw him and if she knew he was older than me. This was so funny she said well he has always looked young for his age and the judge was like yes but were you not aware of his age she said no and it didn't bother me in any way and plus its rude to ask someone their age; at this point both me and the barrister are trying to control our laughter and the judge was trying hard to control his laugh too.

At the end the judge said the hearing is finished and was ready to leave but my barrister asked him if he could give us the decision now and the judge said no sorry I can't you will have to wait for the determination and my barrister said but as its my clients birthday I was hoping you would so she can go away and enjoy her day. The judge said well in that case I will say yes appeal allowed unless we see something in the bundle that concerns us; there is nothing in the bundle that will concern them because I prepared it all.

And the judge said enjoy the rest of your birthday and for some reason in excitement I said yeah you too….lol what I meant was yeah you have a good day too.

Even though my solicitor said I didn't need a barrister I'm so glad I took him he did his job and was worth every penny and wouldn't have minded paying him more.

That's my story people. Any questions? Read More >>

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Disclaimer: The views expressed in this article are the author's and not necessarily those of UKresident.com or any entity associated with UKresident.com. This article is not checked for accuracy by any qualified immigration consultant or solicitor either represented on this site or otherwise. We will not be legally responsible for any statement made in this article. If you're going through the UK immigration process we strongly advise that you appoint a UK immigration consultant or immigration solicitor to deal with your case.

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