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If you have been granted Leave to Appeal, I suggest you file the Notice of Appeal as soon as possible and in any event no later than 28 days after receiving the letter of refusal.
Based on the information you have provided above, I would suggest you have a strong case at appeal. The case of AM Somalia stated that 3rd Party support was allowed and this would include maintenance and accommodation support. Thus, if your parents are willing to support, thus should be considered.
Furthermore, with regard to your income, you could explain this by providing an accountants report. You may also wish to provide details of prospective employment that your spouse can take if she was allowed to enter the UK.
I would strongly suggest that you instruct a Solicitor to prepare the Appeal for you.
In addition to appealing, you may wish to submit further documentation in support of the application to the decision making post and request that they review their previous decision.
If you wish to discuss, please feel free to ask further questions.
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I was aware of all that, including the fact that I am supposed to appeal. The answer that would help is why they questioned my salary, and how do I prove it is good enough for the both of us. I do not use an accountant so there is no chance of providing a accountant report.
The accomodation aspect I have found alot of case judgements where it was rejected as exclusivity can also be just a room within an existing household.
And finally the fact that the relation is not subsisting, what do I do to prove this aspect. Your answers have not be satisfactory so far as they are very brief.
Sorry for the delayed response.
Your refusal has a few issues:
Firstly, accommodation. The fact that you have submitted evidence that you will be sharing accommodation is not a reasonable ground to refuse. In the case of Mahad, the Court decided that 3rd Party Support should not be ignored.
Provided you have at least a room which you both have exclusive use of within a property, this would be sufficient to show that you have the means to accommodate yourselves without recourse to public funds.
Secondly, the issue of the subsisting marriage. In the case of GA Ghana, the court stated that the issue of a substance of a marriage would be looked at and provided the parties could show that there was indeed a genuine relationship, which was continuing, this would be sufficient. Thus, in addition to your travel itinerary and copy stamps in your passport, I suggest you submit any emails or telephone bills which show that you have maintained contact with your spouse.
Thirdly, Income. As you are self employed, you would generally require an accountants report. If you do not have an accountant, I would suggest submitting you business accounts along with an affidavit stating that you have exclusive access to the funds contained within the business account.
An alternative would be to request your family members to become joint sponsors with you.
Finally, the issue of Article 8 Human Rights. In the case of Razgar, Lord Bingham identified 5 questions that should be addressed in order to determine whether a decision breaches Article 8. They are:
1. Will the proposed removal be an interference by a public authority with the exercise of the applicant's right to respect for his private or family life.
2. If so, will such interference have consequences of such gravity as potentially to engage the operation of Article 8?
3. If so, is such interference in accordance with the law?
4. If so, is such interference necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
5. If so, is such interference proportionate to the legitimate public end sought to be achieved.
If you can address all of the points above in your appeal and the documents submitted as part of the appeal, I am of the opinion that you have a good chance at success.
Yes that is correct. If you opt for an oral hearing, you should take the originals with you on the day.
If you are submitting copies such as passport or bank statements etc, it may be worth having them verified as true copies of the original by a local lawyer, before submitting them to the Tribunal.
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