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appeal case

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Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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mimi
Newly Registered
Posts: 8
Joined: Wed Mar 31, 2004 12:01 pm

appeal case

Post by mimi » Thu Apr 01, 2004 1:01 pm

can anyone please advise me on the process of appealing against a refusal on grounds of marriage, l married my husband about 9 years ago and he was refused right to remain in the country about 3-4 years ago. we are still waiting for a reply from the home office, b/c we have appealed

my husband in the meanwhile is not allowed to work, nor has be given national insurance number, he has completed a degree course during his stay in this country, and has not recourse to public funds.

please help
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Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Thu Apr 01, 2004 4:26 pm

I am sorry to hear about the difficulties you and your husband are facing. Appeals are a fairly complex area of immigration and for anyone to advise you any further would require an extensive review of your initial marriage application including the date and then status of you (BC or ILR)/ your husband, the notice of refusal and reasons for such as well as your appeal in particular any grounds you presented and documentation submitted. You may or not wish for the board to know this info.

Regrettably there are no processing times for appeals especially those that are immigration related as opposed to asylum appeals which are prioritised (its better politically) - consequently the backlog is substantial but even then 3-4 yrs is into the extreme. My concern is where you may have changed address and perhaps you or your representatives as the case may be have failed to notify the Home Office and the Immigration Appellate Authority in writing by recorded/special delivery. It may be that an explanatory statement from the HO and a notice of hearing from the IAA has been sent to your last address on the HO file and a determination reached by an adjudicator in your husband's absence.

My understanding is that 14 days after lodging an appeal in those cases where you do not have any further leave to remain then any conditions attached to your leave are no longer in place e.g. employment prohibited presumably because you do not actually have any leave. Note that the appeal if submitted in time ensures you are not illegal until it is decided or you abandon it. However if you pursue employment and this was one of the grounds for refusal to extend your leave then it will be used against you at an appeal hearing. However Sec 8 of the Immigration & Asylum Act 1996 compels employers to verify that an employee is eligible to work in the UK. This involves the submission of proscribed documents such as a National Insurance Number. A regulatory amendment to the Act comes into force on 1 May 2004 reducing the list of acceptable documents and now requiring the submission of two or more documents in some cases. Sec 8 of the 1996 Act therefore nullifies any chances of appellants rushing into employment pending a decision - your husband would appear to be in this position because no law abiding employer will be able to offer him a job.

You may also wish to approach your Member of Parliament for assistance on this matter.
Last edited by Kayalami on Thu Apr 01, 2004 4:48 pm, edited 2 times in total.
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Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Thu Apr 01, 2004 4:37 pm

You may also wish to approach your Member of Parliament for assistance on this matter.

Very important especially when issues become very tricky....Lets hope your MP is not a tory!
Where there is a will there is a way.
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tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Wed Apr 07, 2004 9:08 pm

Hi there

I am sorry to hear about the difficulties you and your husband are facing.

Both KAY ALAMI & CHESS are ABSOLUTELY RIGHT.

PLEASE CONTACT YOUR MP. PLEASE DO NOT WASTE MORE TIME.

For better understanding to ‘ You and Your MP’ Please read the following leaflet:- http://www.parliament.uk/documents/upload/m01.pdf

To find out who your local MP is and how to contact him/her, please visit the following site then enter your post code.
http://www.locata.co.uk/commons/

Please ask your MP to write to the Home Office and Immigration Appellate Authority in order to reveal what has happened to your appeal and speed it up if still pending !!

Please make sure that all your correspondences are sent with ‘signed for’/ ‘Recorded’ delivery. Please be concise and to the point. Please specify time then follow up.

If you however elected to email your MP, please visit the following site (and find out if your MP has got one)
http://www.parliament.uk/directories/hciolists/alms.cfm

Further plans will depend on the response

Good luck
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