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:
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.
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.
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.
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.
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