SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW

[bek13]

If they mention salah point in your refusal then they will listen your apeal.otherwise they dismiss your apeal

It is sala point

[bek13]

Thank you guys again. After 2 weeks I have appoitment with my lawyer to make payment more than fifteen hundred. I dont know what to do. I dont want to waste money. Please any advice. Thanks in advance

[Obie]

Thank you guys again. After 2 weeks I have appoitment with my lawyer to make payment more than fifteen hundred. I dont know what to do. I dont want to waste money. Please any advice. Thanks in advance

As i said, it is one of 2 things, either the solicitor is naive of the law and genuinely do not know what he is doing, or deliberately seeking to milk you. There is no appeal rights as the law stands, and your case will be dismissed.

[bek13]

Thank you very much Obie. Shall i withdraw appeal and submit new application? In october 2018 will be 2 year to our realationship.
my story. I came to UK first time in 2005 tier4, left end of 2010. Came back 2013 as visitor, met my present partner and left again because visa was expiring. But all the time we were in touch(sms,whatsup,voipcall). Came back again october 2016 as a visitor. Since together with my unmarried partner.

[loveleakside]

Hello.. can anyone please tell me the waiting time for hearing listing after I went to the upper tribunal on 21 March and decision came on 11 April where the judge instructed tribunal to get back to me in 28days and fix me for the first available date. Since then, I heard nothing so I called tribunal last week friday and he said my case is ready to be listed but i heard nothing till now. Please can anyone tell me the waiting time since they refused to follow the 28days instruction by the judge. Thanks

[bek13]

Thanks for the reply. I received a letter yesterday for my hearing date, it's end of September. Case was remitted to FTT by UT in end of January.

Hi Raja is your case SALA? If yes will you proceed hearing?

[Raja2018]

Thanks for the reply. I received a letter yesterday for my hearing date, it's end of September. Case was remitted to FTT by UT in end of January.

Hi Raja is your case SALA? If yes will you proceed hearing?

Yes was not heard previously because of SALA. Yes I will ptoceed hearing. Why shouldn't I ?

[Raja2018]

Hi guys. I need advice
I am non EU unmarried partner of Irish citizen
Applied 07.02.2017
Refused 22.06.17
Appealed 06.07.17
In 2 weeks letter from FTT no valid appeal
In 15.10.17 received email from my solicitor that Sala was overturned.
My solicitor wrote to FTT that we appealed on time and Sala was overturned and after that we received letter from FTT saying that I appealed on 06.07.2017 but didnt make payment and asking for payment.
I made payment and end of december 2017 I received letter from FTT with confirmation of hearing date which is august 2018.
Now my solicitor try to say that FTT might give me hearing date by mistake and they may dismiss my appeal at hearind date. He said (solicitor) we have to get advice from barrister before the hearing date which will cost another £420 just for advice. I am anyway planing to go to hearing with barrister.
My question is: is it possible that FTT may dismiss my appeal at hearind date???
I am in durable relationship 19 month
Thank you guys.

Unfortunately it seems the lawyer is trying to milk you. For that decision there is no right of appeal at present, pending the outcome of the decision in Banger.

He does not know what he is doing. He will take you down the abyss, the barrister fee will be a waste and the counsel fee for hearing will be a waste, as the Home Office will successfully argue that it is a decision made on or after the 01-02-2017 and therefore there is no right of appeal.

Hi
My sppeal was not heard because of SALA in feb 2017 by FTT now remitted by UT to FTT and due for hearing in september do you think it will be heard or not.
Thank you for reply.

[Raja2018]

Hello.. can anyone please tell me the waiting time for hearing listing after I went to the upper tribunal on 21 March and decision came on 11 April where the judge instructed tribunal to get back to me in 28days and fix me for the first available date. Since then, I heard nothing so I called tribunal last week friday and he said my case is ready to be listed but i heard nothing till now. Please can anyone tell me the waiting time since they refused to follow the 28days instruction by the judge. Thanks

[Raja2018]

Hello.. can anyone please tell me the waiting time for hearing listing after I went to the upper tribunal on 21 March and decision came on 11 April where the judge instructed tribunal to get back to me in 28days and fix me for the first available date. Since then, I heard nothing so I called tribunal last week friday and he said my case is ready to be listed but i heard nothing till now. Please can anyone tell me the waiting time since they refused to follow the 28days instruction by the judge. Thanks

[/quot

Hi
Read the above msgs and you will find alot of answers to your question.

[bek13]

Thanks for the reply. I received a letter yesterday for my hearing date, it's end of September. Case was remitted to FTT by UT in end of January.

Hi Raja is your case SALA? If yes will you proceed hearing?

Yes was not heard previously because of SALA. Yes I will ptoceed hearing. Why shouldn't I ?

I paid for advice to barrister about my hearing. Advice is:There remains a real risk that the Respondent will seek to argue
that there is no jurisdiction and that the Tribunal will find as such.
Dont know what to do?

[Obie]

I advised you on this matter. That your reps are leading you astray. It is up to you if you follow their path and waste your cash on them.

At present there is no right of appeal.

[bek13]

Thank you Obie! I can not understand why ftt allow appeal then?

[bek13]

Thank you Obie! I can not understand why ftt allow appeal then?

I mean I can not understand why ftt gives hearing date notice then? Does any one here has hearing in july(sala case)?

[Raja2018]

I advised you on this matter. That your reps are leading you astray. It is up to you if you follow their path and waste your cash on them.

At present there is no right of appeal.

Hi obie

Some one told me if apeal was not heard becsuse of SALA it will be heard. What's your say ?
Many thanks man you are really helpful.

[Obie]

Only appeals for extended family member that was decided before the 01-02-2017 are affected by Sala.

Any decision reached after the 01-02-2017 falls under the 2016 regulations and not affected by Sala, as the Home Office had changed the law by then.

[Imran_Mushtaq]

Hi Obie,
Need your advise.
I am an EFM (Brother) of an Italian citizen (Citizen). I applied for enrty permit from Pakistan and my request was turn down by UK embassy located in Pakistan.
We decided for appeal which was dismissed due to SALA case and after that my appeal was reallowed by the UT. Now my hearing date is in October, 2018.
We hired a solicitor in UK and he asked to present the DNA test report to prove our relationship. He saied DNA report will make you case more strong.

I just want to know that is this test is mandatory for EFM (Bro & Sis)? or will it be benificial for my case? Thank you

[Raja2018]

Only appeals for extended family member that was decided before the 01-02-2017 are affected by Sala.

Any decision reached after the 01-02-2017 falls under the 2016 regulations and not affected by Sala, as the Home Office had changed the law by then.

Hi

My hearing date was 08.02.2017 and FTT Judge didnot heard the case and send me a letter saying case is not heard beacuse of SALA. Then appeal was remitted by UT when SALA was turned down, lets see what happens next. I am going to call FTT next month to know that should I come or not as I don't want to waste my time by going there just like last time.

[Obie]

Of course your a case will be heard, you are a proper Sala category case, and your matter has been remitted which is a good sign. SO i do not see any problem of Sala being used against you. Your case falls under the 2006 regulation, as you were refused at the end of 2015 and not after the 01-02-2017.

[kashifsuhail]

Of course your a case will be heard, you are a proper Sala category case, and your matter has been remitted which is a good sign. SO i do not see any problem of Sala being used against you. Your case falls under the 2006 regulation, as you were refused at the end of 2015 and not after the 01-02-2017.

hi obie how are you?
i am confused about one thing..my application was refused in 2016.and i have a right of appeal.my hearing is in october.
i have second refusal as well with very short grounds.
my question is the judge will consider the second refusal or he will rely only on first refusal???
please reply if you have knowledge about it..thanks

[Shahbazraja786]

Hi Obie,
Need your advise.
I am an EFM (Brother) of an Italian citizen (Citizen). I applied for enrty permit from Pakistan and my request was turn down by UK embassy located in Pakistan.
We decided for appeal which was dismissed due to SALA case and after that my appeal was reallowed by the UT. Now my hearing date is in October, 2018.
We hired a solicitor in UK and he asked to present the DNA test report to prove our relationship. He saied DNA report will make you case more strong.

I just want to know that is this test is mandatory for EFM (Bro & Sis)? or will it be benificial for my case? Thank you

Your solicitor is stupid.u dont need DNA report u just need family tree from nadra and add your soem photographs that u have with your brother.thats enough.because I have same experience.i sent them family tree and fotos I had with my uncle and they said.ok on the base on proof u have sent us we accept u r nephew of Mr. Khan.
So I give u advise don't waste money on DNA test

[Shahbazraja786]

Of course your a case will be heard, you are a proper Sala category case, and your matter has been remitted which is a good sign. SO i do not see any problem of Sala being used against you. Your case falls under the 2006 regulation, as you were refused at the end of 2015 and not after the 01-02-2017.

Hi obie I need advice.i applied efm in May.2015 and refused in September 2015 and hearing date was on 17.October 2016.But court refused to hear my cause because of sala.
Then I applied 2nd cause in jullu 2017 and refused in November.
My question is can I use my 1st apeal right because sala is over turned or not ?
I already have sent letter to upper tribunal for permission of apeal for my 1st cause and decision is still in pending from last 3 months.

[Obie]

Hi Obie,
Need your advise.
I am an EFM (Brother) of an Italian citizen (Citizen). I applied for enrty permit from Pakistan and my request was turn down by UK embassy located in Pakistan.
We decided for appeal which was dismissed due to SALA case and after that my appeal was reallowed by the UT. Now my hearing date is in October, 2018.
We hired a solicitor in UK and he asked to present the DNA test report to prove our relationship. He saied DNA report will make you case more strong.

I just want to know that is this test is mandatory for EFM (Bro & Sis)? or will it be benificial for my case? Thank you

In light of the recent supreme court ruling there is not reason to demonstrate that you are related to the EEA national by blood or through marriage. Therefore you will be fine. All that needs to be demonstrated is evidence of dependency or membership of the EEA national's household.

[bek13]

Hi Obie I am in durable unmarried relationship 20 month and I have whats up phone calls prove from 2014-2016. Since oct 2016 living together. We are thinking to apply online(QP+unmarried partner, irish non eu). Whats your opinion? Thanks

[Imran_Mushtaq]

Hi Obie,
Need your advise.
I am an EFM (Brother) of an Italian citizen (Citizen). I applied for enrty permit from Pakistan and my request was turn down by UK embassy located in Pakistan.
We decided for appeal which was dismissed due to SALA case and after that my appeal was reallowed by the UT. Now my hearing date is in October, 2018.
We hired a solicitor in UK and he asked to present the DNA test report to prove our relationship. He saied DNA report will make you case more strong.

I just want to know that is this test is mandatory for EFM (Bro & Sis)? or will it be benificial for my case? Thank you

In light of the recent supreme court ruling there is not reason to demonstrate that you are related to the EEA national by blood or through marriage. Therefore you will be fine. All that needs to be demonstrated is evidence of dependency or membership of the EEA national's household.

Thank you Obie for your advise.