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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 574
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I have taken the advice from an immigration lawyer who advised

Resolved Question:

i have taken the advice from an immigration lawyer who advised me to reapply instead of appealing when my russian wife received a refusal based upon my lack of providing enough financial information and also the long time waiting for an appeal. we also never received an email requesting the appendix 2 that they seemingly requested. and never had the opportunity to attend an interview before reeiving the refusal. the date of receiving the refusal was the 9th March so time is running out, but i would still like to appeal, but wondered if this could jepordise my reapplying later? although expensive, would it be better to stick with re applying instead? kind regrds Martin
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.
HelloThank you for your enquiry. You should consider the advice given to you by your immigration lawyer carefully. If the reason for the refusal is based on lack of enough financial information, going to court shouldn't generally be the first port of call. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Expert:  frantzgregory replied 1 year ago.
I hope you receive the outcome you deserve. I wish all the best.
Customer: replied 1 year ago.
FTAO Frantz,
You never answered my initial question...I would still like to appeal, but wondered if this could jeopardise my reapplying later?
Your response provided little to substantiate why I should heed the advice of my online immigration lawyer to reapply instead of appealing. Who is to say that if I appealed and attended an interview personally on the grounds of human rights that as a husband and wife we have the right to live together, and also have the opportunity to present the financial information that I never got the chance to provide previously, despite their response suggesting otherwise, and I would not get our visa? As I have heard other people doing likewise, and having a positive response because the immigration department do not like appeals, and therefore have been known to give visas before their date of appeal and not have to appear in court, saving immigration the time and resource. Please see attached refusal document and wait your response, Kind regards, Martin
Expert:  frantzgregory replied 1 year ago.
I am sorry Martin I answered your question based on the initial content of your question, which contained very limited information. However you chose to give an inappropriate rating. Now you have provided further information to substantiate your question and I am happy to spend the time and resources reviewing this but I can only do so if you feel it necessary to review you original rating and give the original answer the appropriate rating I am afraid. In any event no one on JA is allowed to give advice ONLY general support on immigration matters. I can only provide general support based on the information users provide and where necessary ask users to seek independent legal advice.
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Customer: replied 1 year ago.
Hi Frantz,My apologies as it was a reaction to receiving what appeared to be a rather lightweight response without any great thought, but I have reviewed my rating to good, and happy to increase this after your next response, kind regards, Martin
Expert:  frantzgregory replied 1 year ago.
Hello Martin I see refusals like these all too often in practice. I have reviewed the refusal letter from the Home Office. Thank you for providing this information. As you are aware I cannot give advice on this subject matter only general support but from reading through the reasons for the refusal it is very clear, if what the entry clearance officer says is correct and they have evidence to back their decision, that it is not unreasonable that your immigration lawyer advised you to reapply and provide the necessary information for the right decision to be made. Sometimes emails from the Home Office get sent to the spam folder. If you are absolutely sure you or your wife never received the email reminder in your inbox or spam folder and you provided the correct email address, the fact still remains that the Appendix 2 form is an essential part of your wife's application and should have been filled and submitted at the application stage. The guideline for filling out the forms makes it very clear that the information contained in the Appendix 2 form is vital in determining whether an applicant meets the financial requirement or not and it is difficult to see how this form was missed in the first place. As you wish to appeal this case against the advice you received from your immigration lawyer, I am struggling to see on what your grounds for appeal will be. If you appeal and your case is dismissed, it may or may not affect a reapplication depending on the reasons given for the dismissal. The burden is upon the applicant to prove that they meet the financial requirement and you can only do so by providing the specified information referred to in the guideline.
Customer: replied 1 year ago.
Many Thanks Frantz, you have provided a perfect response that allows me to continue as advised and ignore other people who think they no better. So sincere apologies for not providing you more information in the first place and much appreciated. Kind regards Martin