Judicial review withdrawn, now apeal given, please help!

[favour]

Please I need your advice, I just got a refusal+appeal+removal letter from the home office.
A summary of my case, In uk as a student from sept 2005, then post study, and student againg till May 2013. At this time, I applied for student extention, but my university refuse to extend my sponsorship so I varied my in-time application to flro, on the basis that my wife was abt28 weeks pregnant then, and the gp gave us a letter that she cannot travel by air. I requested for just 6 months to get another university sponsor. My application came back as invalid in sept, they claimed that I did not pay for all the application, whereas their rule said you should pay the balance when you want to vary. we sent this back paying the full application fee (they have not refunded the remaining fee for my initial application) In Nov we were refused and was advised that we put in an out of time application.
We went for a judicial review for this because we were advised that even if we leave the country to apply the home office will still refuse on the basis that we have overstayed. To cut the story short, they asked us to withdraw out judicial revive that they will reconsider, and if they decide not to give us they will give us appeal right within 3 months.
To my surprise, they did respond on time, gave us the appeal right, plus removal notice, but sadly they still maintained we have overstayed between that period where they invalidated our application, they refuse to own up that the mistake was theirs.
Please should we go ahead with the appeal, if yes, on what basis? Please I need you opinions. Thank you.

[Obie]

Yes i believe you should appeal.

IS the refusal on the basis that you overstayed?

Have you now got another University.

If things are as you say, then you are entitled to have your appeal allowed, on the basis that the UKBA decision is not in accordance with the Law.

[favour]

thanks for your response Obie. unfortunately no, I do not have another university yet, i have applied to several this past year but no admision has been offered (PHD).

yes, the overal basis is that we overstayed, if they agree to the fact that we have not overstayed, what if they insisted that they are still not goin to give us the flro visa, what futher possible points might we suggest?

mind you, my eldest born in uk is now 6yrs 4 month, 2nd- almost 4 years, and the last year baby will be one in August. And myself 9 years in Uk by Sept.

[Obie]

Well I think an appeal will be most appropriate.

it will ensure you get a judge to make finding on the variation issue and the Section 3C rights, which will be essential to your possible 7 years child application or 10 Years lawful residence application in 14 months.

[favour]

Thanks Obie,
i just remembered that I have an mba admision last January which I deferred because I thought its not a progression, could this be of use now.
I had a student visa, sept 2005- sept 2006
then post study for 1 year
then student visa for phd, 3 years
extended as tier 4, 2 years.
but unfortunately I was not awarded the phd, due to university politics.

Apart from MBA not meeting the progression rule, I am also confused about whether it failed the 5 year cap rule as well,

[favour]

Hello Obie,
I have been searching online for an answer for this, but the guidance is not very clear.
before now are we covered under section 3c? despite the HO office unlawful descision of been overstayers?

Now that we want to appeal, are we covered under section 3d, despite the same descision?

the guidance stated categorically that section 3c is for in-time applications but I am not sure about 3d.

I will be grateful if you can share your knowledge on this, thanks.

[favour]

Hello,
we appealed last week in July and we now have hearing date for 31st October.
our lawyer thinks this is very early as he was hoping it will run into next year because child will be 7 years here early next year.
Anyway since we now have the appeal date we need to put together evidences, please can anyone advice me what evidences will be good to take to court?
Thanks in advance.

[Obie]

It depends on the region of the UK in which you reside.

London appellant are having to wait for to 6 months for a hearing date, so things are not bad in your UK region.

[favour]

Any advice as to what documents may help with visa?

we are clear about what documents to get to prove the unlawful descision, but even when that has been clarified, the question is still what next? what possible options could we ask for?
thanks for your response