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Kindly help me with advice plzzz

General UK immigration & work permits; don't post job search or family related topics!

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Mahichiru123
Newly Registered
Posts: 4
Joined: Fri Dec 03, 2021 10:45 am
India

Kindly help me with advice plzzz

Post by Mahichiru123 » Fri Dec 03, 2021 11:44 am

Good morning forum
Most of biggies here knew my case already. I will give brief details again.
Came here in 1999. Overstayed after 2007. Got discretionary leave after 20 years in 2020
Wife was here legally n went back gave birth to daughter and came back on her own on student visa in 2009 and overstayed till 2017 and went back home
Now I applied for family visa after six months with payslips. They refused it on the grounds that’s I
Am not settled in uk
At First tier tribunals my appeal was allowed so I was really waiting for good news finally but ended up with home office appealing against FTT decision

Can some one plz kindly help me with the following
1) is this a common thing HO appealing against FTT tribunals ?
2)what are the chances for HO to get permission for higher tribunals hearings
3) if it goes to higher tribunals, what are the chances of winning again? Can my case be treated as strong case as my appeal was already allowed at FTT?
4) how long will it take for whole procedure now ?
5) our MP already knew my case he promised to help me if it goes wrong at court should I go for help from MP
5) I have whole village ( 2k population) behind me
Should I start a petition? If so who should be the petition to ? Mp or home office or to court?

I am really under so much stress and pain because of this. Can Someone plz kindly understand my situation and let me know your thoughts please

secret.simon
Moderator
Posts: 11533
Joined: Thu Feb 21, 2013 9:29 pm

Re: Kindly help me with advice plzzz

Post by secret.simon » Sat Dec 04, 2021 6:15 am

Did you post this thread earlier?

It is worth going through that thread to understand the reasons for the refusal.

Keep in mind that the law is on the government's side and that not all immigrants can sponsor their non-British spouses.

That is a policy that I suspect that the government may, if pushed, not only appeal to the UTT, but all the way to the Supreme Court.

The government has taken some high-profile cases, such as the case about the Miminum Income Requirement, all the way to the Supreme Court, and won.

So temper your expectations.
Mahichiru123 wrote:
Fri Dec 03, 2021 11:44 am
5) our MP already knew my case he promised to help me if it goes wrong at court should I go for help from MP
5) I have whole village ( 2k population) behind me
Should I start a petition? If so who should be the petition to ? Mp or home office or to court?
You can of course do both. You can go via the legal route AND exert political pressure via the MP and petitions.

Just keep in mind that given the impact of a change in policy on this question on the wider immigration policy, I would not expect any changes to it in the short to medium term.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Mahichiru123
Newly Registered
Posts: 4
Joined: Fri Dec 03, 2021 10:45 am
India

Re: Kindly help me with advice plzzz

Post by Mahichiru123 » Sat Dec 04, 2021 6:47 am

Thank you for reply secret Simon
Very much appreciated

Mahichiru123
Newly Registered
Posts: 4
Joined: Fri Dec 03, 2021 10:45 am
India

Re: Kindly help me with advice plzzz

Post by Mahichiru123 » Sat Dec 04, 2021 8:47 am

Hi again secret Simon
When u say “ if pushed “ what does it mean ?
Also do U think end of the day, I will lose the case?
Only reason I am asking it’s also creating financial pressure on me…
Just want to make a wise decision
Sorry to bother u buddy but plz let me know your thoughts
Thank you again

Mahichiru123
Newly Registered
Posts: 4
Joined: Fri Dec 03, 2021 10:45 am
India

Re: Kindly help me with advice plzzz

Post by Mahichiru123 » Thu Jan 06, 2022 6:15 pm

Evening all
On 9 th of November we have received communication regarding home office applied for permission to appeal at upper tribunals !!
Nearly two months we got no further communication. It’s really stressing me out.
Can I do anything to find out what’s happening!?

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