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SolicitorRM, Solicitor
Category: Immigration Law
Satisfied Customers: 3633
Experience:  Director and Principal Solicitor. UK
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I am awaiting my appeal decision from Administrative Court

Customer Question

Hi, I am awaiting my appeal decision from Administrative Court for my visa for Indefinite Leave to Remain in the UK. I want to invite my dependants, my wife and my daughter to the UK. I have not got the hearing date from the Administrative Court yet. The court of appeal has granted me the temporary relief to live and work with the capacity of research interviewing, research related work etc and transferred the case to Admin court for further consideration.My dependants have applied visitor visa once about 1 and half year ago, but their visa has been refused stating that they would not have an intention to come back to India and another reason that I have not got my visa yet. Can you please advice me if they could apply visitor visa again or they could apply to come here on the basis of private and family life route ?
Submitted: 6 months ago.
Category: Immigration Law
Expert:  SolicitorRM replied 6 months ago.

Hi thank you for your enquiry and your patience

Expert:  SolicitorRM replied 6 months ago.

Hi, yes they can apply for visitors' visas again there is no bar on how many times they can apply, each application is assessed on its merits.

Before you have settled status your family cannot rely on article 8 private and family life route.

I hope this answers your question and I would be grateful for your rating at your earliest convenience. all the best

Customer: replied 6 months ago.
If their visa is refused second time, can they appeal the decision of Entry clearance officer in visitor visa on the basis of Human Rights Grounds e.g. Private and family life, right to marry and prohibition of discrimination ?
Expert:  SolicitorRM replied 6 months ago.

There is no appeal right for visitor's visa refusals. They could request judicial revieww however JR are not quick, they can take many months to be looked at by the tribunal

Expert:  SolicitorRM replied 6 months ago.

If your admin review is successful and you get your ilr from that point they could rely on family rights

Customer: replied 6 months ago.
I am referring to make an appeal to First Tier Tribunal. Their decisions are more quicker if the appeal is made from outside of UK. Can you please tell me if it is good option to appeal the decision in First Tier Tribunal on human rights grounds ? or advisable to keep applying for visitors' visa again and again ?
Expert:  SolicitorRM replied 6 months ago.

You cannot appeal a visitors visa decision. It is not a process available under the UK law so the Upper Tribunal will simply return it without looking at it. They will consider judicial review because that is a process available for visitors' visas