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First tier tribunal hearing help!!!

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Adaujla
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Posts: 1
Joined: Tue Aug 15, 2017 2:12 pm

First tier tribunal hearing help!!!

Post by Adaujla » Sat Aug 19, 2017 8:16 pm

Hi everyone, i am new here and i need some advice, so heres the story
So in 2013 i quit my college , and in december 2013 i received 60 day letter which i responded in time, unfortunatly with ETS test. Now , i got married to my long time gf who had ilr that time. We got married in june 2014. I was still waiting for my student visa response. since i got married, in september, i applied for spouse visa and asked ho to switch my file. In january 2015 they responded saying i used deception on english test. They returned both flr and student visa documents. The student refusal letter they sent me did not have any date on it. i must go back to india. I did have a right to appeal. So i appealed and i won the appeal. Now i made a fresh appeal and here comes ho saying i have overstayed. They claim my student visa was refused in may 2014, and i applied for spouse visa on september 2014 so those 3 months i had no visa. But i didnt receive any letter from them and the only refusal letter i received was on jan 2015 with my spouse visa refusal. I sent them a protocol and they allowed me in country appeal. I have got my hearing on second week of september. My wife now holds british passport. They put to objections first overstayer, second i dont have english test. We have wrote to them twice to arrange a test for me or send me the passport to sit in a test they never responded, so what can i expect from first tier

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: First tier tribunal hearing help!!!

Post by Obie » Sun Aug 20, 2017 2:16 pm

Do you have a child?
Smooth seas do not make skilful sailors

Adaujla2
Newbie
Posts: 40
Joined: Sun Sep 03, 2017 10:34 am
Mood:
India

Re: First tier tribunal hearing help!!!

Post by Adaujla2 » Sun Sep 03, 2017 10:48 am

Sorry for the late reply , i just cant login to that account so i had to create a new one. No we do not have any baby yet. My hearing is done. The judge seemed impressed. He admitted that i never overstayed and he also said that my english test is not a problem as i have already won that appeal and i entered uk as a student. I am now waiting for judge's decision. Very nervous. Hoping for a good news. He even asked my wife about her earnings and that was 19,600 annual. So i dont have a clue why he asked that but am hoping he allow my appeal under the immigration law.

Adaujla2
Newbie
Posts: 40
Joined: Sun Sep 03, 2017 10:34 am
Mood:
India

Re: First tier tribunal hearing help!!!

Post by Adaujla2 » Sat Sep 09, 2017 8:28 am

So i have got the decision today, appeal has been allowed. Judge has told HO that the way they behaved in this case he called it ill behaviour. Judge writes that ho has been going on and on about this case where this case is a very clean case. I was never overstayed the judge claimed. No ho repersentative appeared at hearing that day. Does that mean ho knew that theres nothing to argue about ? Although judge has told them to issue a visa in 5 year route and if not suitable in 5 year then in 10 years route. Do you guys believe they would go for upper tribunal

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