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Spouse Visa Appeal Hearing In Oct


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#1 Harry82

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Posted 14 August 2012 - 02:09 PM

MY wife got a letter from AIT that the appeal hearing is on 1,OCT. what supporting docs should my wife takes with her to satisfy the Judge?

I was refused spouse visa for UK in feb,2012 on the grounds:
  • sponsor is claiming benefits and either of you dont have employement in UK to support yourselves.
  • used deception in my previous application by not mentioning drink and drive convictions in UK and driving whilst disqualifiedin in 2007.(the sentence was a community work for for 180 hours and a fine.i was never given a sentence of 12 months or more in UK.
  • why cant your wife live with you in your country?
My wife has been working since 4 months and she got payslips,employement letter and bank statement NOT showing adequate funds(as she is paying rent,bills food stuffs for baby and other expenses )
Do we stand a chance of winning an appeal?



#2 Victoria

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Posted 14 August 2012 - 02:16 PM

You have said in previous posts that you have legal representation. You need to ask them this detail.

However, if it is true that you have failed to mention a criminal conviction then you need someone very good to argue your case.

#3 Harry82

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Posted 14 August 2012 - 02:33 PM

Thanks !
what is spent or unspent convictions?
will they consider Human rights article 8 during hearing ?

#4 Victoria

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Posted 14 August 2012 - 02:34 PM

You have said in previous posts that you have legal representation. You need to ask them this detail.



#5 Visa Direct

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Posted 14 August 2012 - 08:34 PM

You have said in previous posts that you have legal representation. You need to ask them this detail.

However, if it is true that you have failed to mention a criminal conviction then you need someone very good to argue your case.


It's quite amazing that people have paid their hard earned money for legal assistance and still come on here looking for advice on an important appeal hearing... what are you paying for?

#6 Harry82

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Posted 02 October 2012 - 05:52 AM

Hi everyone!
My appeal hearing has been done yesterday. My wife and Our Barrister attented the hearing..
Eco was arguing on 2 points..i.e.(1) Why my wife can't go and live in husband's country? And (2) Why the job offer is available for appeallant at the time of hearing as it was not at the time of application.
My wife gave much satisfactory answers to The Judge.We have a Baby of over 2 years and is also a British Citizen.
Our Barrister argued on Human Rights but Eco was just not ready to listen other than being stubborn.
Barrister put a clause of Human Rights and Right to Family life to The Judge
The Judge told Eco to review the case and to reconsider the Human Rights clause and change the decision. And if he does'nt change the decision , he may have to attend the hearing again.

I don't knw what would be the outcome ?Plz share if there is someone in the same situation.

#7 Alban

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Posted 02 October 2012 - 06:30 AM

Firstly wishing a positive outcome on your Appel.

If not then you need to get the point what Anthony and Victoria are saying on your thread, becouse it looks that you legal rep it dosent give a monkey about you.

once again good luck.

#8 Harry82

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Posted 02 October 2012 - 08:42 AM

Thanks.
its not the case that my legal representative didnt workout.The thing is Why was Eco compelling my wife to go from her country as she has well paid job and baby of 2 years+ in UK.
Secondly, Our Barrister gave strong arguments regarding Human Rights.Thatz Why The Judge told Eco to reconsider and change the decision.
This is toooo time consuming!!

#9 Victoria

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Posted 02 October 2012 - 08:48 AM

Leave to enter applications are almost never granted on HR. I'll be interested to see how this works out.

#10 Harry82

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Posted 02 October 2012 - 08:59 AM

Thanks victoria.
So, do you mean i don't have right to family life?




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