Appeal on 12th January 2009.... Help!!! please

[Lone Ranger]

Hi Board members
I would appreciate it if someone could shed some light as i have an appeal for my wife to join me in the uk, appeal is going to be held in manchester. I would be greatfulll if someone can tell me what the process will consist off i have been up all night reading the forum and have found lots of usefull info. I dont have a representative and am hoping to go alone (hence my nick) I am pretty confident and also am used to doing presentations which will help.

So if any of you nice people can be of any help with any further advise its more than welcome..

****** The main point was my application was refused as the ECO did not read the documents supplied by myself and he/she stated that there is not satisfactory evidence when all the info was there, can i use this as a specific point?*******

[batleykhan]

just stick to the points your wife was refused and try and prove that the ECO made the incorrect decision to refuse your wife a visa. Be honest and truthful with the facts.The adjucticator listening to your casr are very polite and understanding

[yaelhitch]

i have just been through my appeal, which i won. Although the judge was very nice the Home office representive was horrible and tried to catch me and my barrister out all the time. She brought up loads of stuff that we not even in the refusla letter and also kept asking why i couldnt live in my Husbands country.
If i were you i would read up on the exact laws about why your wife was refused and then rationalize why the ECO got them wrong.
For example. My husband was refused due to me being on a low income, the ECO said we would reply on public funds as my Husband did not have a job sorted when he came home. When reading the immigration rules it clearly states that they should take into account the possibility of him getting a job. and as he worked in UK for 3 years and had qualifications they judge said it would be easy for him to find a job.
The home office don't like to look stupid and are not always prepared about the case so really practice what you are going to say and don't be intimidated by anyone.
I took my statement in me so i could refer back to it, as it easy for your mind to go blank when you get there.
If you don't understand something then you have to say as they don't expect you to know legal jargon if you have no lawyer and you don't want to answer a question u don't understand.
Also have passion, show the judge how much your wife means to you.
But the biggest thing is DON'T LET THE HOME OFFICE INTIMIDATE YOU!
I was really nervous when she started talking but i kept me cool.
Hope this helps, its a bit long (sorry!) If you need any more advice please PM me or reply. good luck

[Lone Ranger]

Sorry the above two nice visitors who left a reply i really appreciate your advice and appologise for not posting eralier,
I did go on my own to the tribunal and the first question the judge asked was that "who prepared your file"I responded by telling the judge I prepared it myself she was well impressed and said "no solicitor has ever presented a file as good as your file in front of me", She then asked a few question and i answered them well as i was well prepared thanks to this forum, I can say this forum was a great help. she then surprised me by awarding the appeal and requesting that the determination be expedited as soon as possible,,,,,, as my wife is pregnant and that she will not be able travel if she is in her late preganancy.....
So still waiting for BHC Islamabad to contact ourselves for an appointment.

Regards
Ishy

[batleykhan]

I am glad you have had a succesful outcomein the court. well done and congratulation.

The procedure now is that the adjuticator will write to you in the next 10-14 days with his written decision. A copy of it will be sent to the Home office. They have between 5-8 days to decide whether to appeal or not ( in most cases not).

The Home Office will then send the determination to the British High Commision in Islamabad for the manager to reconsider his decision and overturn it.

Unfortunately this is time consuming and can take up to 3 months.

Your wife should recieve a letter from the BHC asking her to bring her passport, TB cerificate and give a date for departure to the UK.

She will have the visa issued and then she is free to travel to join you in the UK (hopefully the weather will be a bit better than what it is now!!! , so she wont feelthat cold!!!!!)