How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

Please help... Bare with me this is the first time I am

Resolved Question:

Please help... Bare with me this is the first time I am posting.
I am a Mauritian British Citizen and ended up falling in love with my partner who had over stayed in the UK for 6 years.
My now husband is Mauritian born and we were told we would have to go back to mauritius to get married and apply over there for UK entry clearance with all the relevant documents. We did as the solicitors told us and I made my family fly to attend my wedding. My husband and I married in Mauritius in March 2016. However during that time my father became ill during the wedding vacation and died in mauritius five days after civil wedding which meant we had to pros pone the religious one and the reception etc. My husband applied for a spouse settlement visa from Mauritius.But he was denied entry by the ECM on 26th of April 2016. He was refused on the fact that he had overstayed in the uk for 6 years and he didnt have the A1 english test results when application was made. However this was on route and he passed with high marks.
My salary is above the required standard and I have my own property and can support him financially.I also work as a volunteered police constable part time and senior members of staff wrote references incase they thought this was a marriage scam.
Following the refusal an appeal had been lodged on the 17th of May 2016 and thereafter received a notice of pending appeal letter on the 20th of july 2016 stating that the tribunal will write to us after the 2nd of November with further details of how and when the appeal will be heard. In the meantime I have asked our solicitor to make an expedite request to the tribunal as a matter of urgency as I am feeling depressed to be on my own and especially after I have lost my father earlier this year whilst he flew to mauritius to see me get married. My gp has also prescribed me with anti depressant and to see a Councillor due to his concern about my depression getting worst.
On the 12 August 2016 I received a rejection letter for the expedite appeal hearing explaining that everyone is going through the same situation as myself and they refused to pushed the case forward.
I even went to see my local MP to see if she can help me and she agrees that they are being really harsh with their decision when we are husband and wife and I am clearly capable of supporting him and meet all more than the standard requirement.
I really dont know what else to do... I have spent so much money on solicitors and provided everything I can possibly provide, I understand they want to punish him for overstaying but its really not fair when he meets all the requirements requested.
I refuse to pack up and move over there when I have worked so hard in this country to achieve all that I have. I would be really grateful if someone could advise what i can do next to bring my husband home. We have been away from each other for more than 6 months now and its not getting any easier.
Furthermore the English A1 certificate has been sent to the tribunal by us as our now previous solicitor did not do it, and when we questioned his work, he decided to cease work on our case last Friday. We also will also need to get a new solicitor to represent us if our matter goes to court for the immigration matter. Can anyone help to help us with one.
Thank you
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Thomas replied 4 months ago.

Hi

Thanks for your question. I will try to help.

I’m afraid that there is not much that you can do to speed up the process if the home office has refused to expedite the hearing. They are correct in that there are many people in this situation and they cannot really give preferential treatment.

If the test results are fine then the best thing that you can do is to instruct a solicitor as soon as possible to act on your behalf now that the old solicitor has ceased acting.

You should instruct a UK based immigration solicitor from a medium sized firm close to you. You can find immigration solicitor using the law society find a solicitor website here:

http://solicitors.lawsociety.org.uk/

They will arrange for a barrister to be instruct on your behalf in the matter so that they will act at the actual hearing.

They may even write to the home office before the hearing starts with a copy of the test certificate and requesting they withdraw from the appeal, since the overstay is not going to enough of a reason for them to reject the appeal on its own unless there was any deception (which I assume there was not).

The only alternative would be for you to instruct a solicitor, withdraw the appeal and then submit a new application with the test certificate and correcting any other omissions from the original application. If the only reason for the refusal was the overstay other than the test certificate then the solicitor should be able to submit a covering letter arguing that the overstay should be disregarded. This may result in him getting his visa quicker than at tribunal, but obviously if the application is rejected then you would have to appeal and would be placed at the back of the queue again.

I really am sorry.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 4 months ago.
Few weeks ago i had asked our previous solicitor to whether my husband could come to the UK on a 4 weeks visit visa so he could attend to my late father memorial ceremony and he said he could after he makes an application to the UKVI. couple of weeks later we received the decision from the UKVI and we were told because of my husband overstaying he was banned for entry for a period of 12 months because he had left the UK voluntarily. Is it not something my solicitor should have been aware of before asking me to spend more money and apply for such tourist visa? As of which if a new application for a spouse visa was to be submitted, will this ban still be in place or would it be waived off if we would meet all requirement this second time except the fact that he overstayed.We were informed by the tribunal that as from the 2nd of November we should be hearing from them with a court date. There was also a confusion since he had sent along his application with his N.I number which he had obtain when he was still legit in the country for part time work only. This has mislead them to believe that he was working illegally using his NI number. On the appeal Bundle my previous solicitor did not inform the Tribunal any of that. The appeal sent by my previous solicitor was only based on Human Rights, I do not understand why the latter would not appeal on any of the reasons i was refused entry for. Attached is grounds appeal lodged.
Expert:  Thomas replied 4 months ago.

Hi,

Your solicitor should have told you that the visit visa application was unlikely to be accepted because of the ban.

The ban will still exist if you make a new application unless 12 months have passed. However, your solicitor can argue in the covering letter that the ban should be ignored because of his/your article 8 right to a family and private life. This is a human right which supercedes the ban. It gets around it.

I cannot really comment on the document you have attached, you would have to instruct a local solicitor for them to give you formal advice on it.

The issue as to the national insurance number is ***** a misunderstanding by your husband and the home office, you will be able to argue around this at appeal or in the new application (whichever way you choose to proceed).

Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 4 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 4 months ago.
Hi, another question please, I have applied for expedite appeal for the hearing 3 times and have been rejected all 3 times. Who has a say in this decision the tribunal caseworker as well as the entry clearance officer ? I need to know as we are waiting a decision for the 2/11 to see if our case can be over turned instead of going for an oral hearing. I am thinking if may be best if we cancel this and reapply again.
thanks
Expert:  Thomas replied 4 months ago.

You cannot expedite an appeal. You simply get in line in the queue with everyone else who is appeal. You can request it is expedited, but there is nothing you can do if it is no.

I'm very sorry about that but there is nothing you can do, it's obviously massively important to you but you have to appreciate that there are hundreds of families in the same position as you and so the home office will consider that to expedite yours but not others would be unfair.

Please do leave positive feedback using the stars at the top of the page.

Tom

Customer: replied 4 months ago.
I do understand that but its on the grounds of mental health issues.... My father passed away 5 days after the wedding everything else was cancelled and its been a nightmare. I have been prescribed anti depressants and under going therapy and counselling. I am just wondering if the entry clearance officers has a say in the decision of refusal, because if yes then its unlikely they will over turn the appeal and we will have to go to court. I am now thinking if the best option is to cancel the appeal and reapply again from the beginning.
Expert:  Thomas replied 4 months ago.

I cannot comment on which is the best option because I do not know how strong your case is on appeal, this is because I have not seen your original application.

If the only issue apart from the ban is the test results then I would wait until you hear when your appeal is. If it is longer than 4-5 months then I would withdraw and re-apply. If it is less then I would proceed with the appeal but ONLY if you instruct a solicitor and a barrister to act on your behalf.

I have more than answered your original question. Please leave feedback now.

Tom

Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    893
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    893
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    110
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm