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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13234
Experience:  Solicitor
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I am UK citizen , want to bring my wife and daughter to uk

Customer Question

I am UK citizen , want to bring my wife and daughter to uk , Had applied for visa , but was refused , then went in appeal , but that was also refused , Now matter has to go to HM courts and tribunal service .
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK-Justice replied 2 years ago.
Thanks for your question. Please remember to click ACCEPT once you get my answer.

What would you like to know?
Customer: replied 2 years ago.
What exactly you want to know
Expert:  UK-Justice replied 2 years ago.
You haven't asked a question.
Customer: replied 2 years ago.
What should be done now and how do I proceed , how do I file a case , and what is to be next, How you can guide
Expert:  UK-Justice replied 2 years ago.
Why it the matter going to HM court service?

For appeal?

Have you appealed?
Customer: replied 2 years ago.
As I have already stated that I had applied for my wife and daughter's visa in sept 11 , which was refused , then I went in appeal on 27 oct11 , and I have got the reply from immgration through HM courts and tribunal service that the appeal was refused again . so advice me what next
Expert:  UK-Justice replied 2 years ago.
You now must appeal to the court of appeal or high court.

This appeal will be a review of the decision below and not a rehearing.

You will need to show either

A, there was an error in law,
B there was an error in procedure,
C. The decision made was unreasonable.

You will need to file an appellants notice together with supporting legal documents.

You will then need to ask for permission to appeal. For this there may be a hearing.

But you must file any documents and supporting legal arguments for your case.

Please remember to click accept so that I am credited for my time. Thank you.
Customer: replied 2 years ago.
How do I go about with above procedure , who should I contact to guide me furhter , how are the points to be raised ?
Expert:  UK-Justice replied 2 years ago.
The forms are available online if you search the hmcs.gov.uk website.

It will also give you procedural guidance on how to Appeal.

Please remember to click accept so that I am credited for my time. Thank you.
Customer: replied 2 years ago.
I am not an net expert , can you or if not you , can anybody advice me in person , who I can go and meet and start the procedure
Expert:  UK-Justice replied 2 years ago.
We can not be Instructed. This is not that type of website.

As I said you can get the forms or if you google appellants notice.

We can only advise on procedure, which is what I have done.

Please remember to click accept so that I am credited for my time. Thank you.
Customer: replied 2 years ago.
Relist: Answer quality.
Please find somebody who is experienced and does not read from the book and gives replies
Expert:  UK-Justice replied 2 years ago.
Bearing in mind you have paid less than £30 for an answer and you asked about the procedure and I provided a full response.

What else exactly do you want to know?
Customer: replied 2 years ago.
Look Dear , As you have already cut me off , by unnecessarily stating that I was instructing you . The procedure you stated , is something that I already know , I am not that dumb . If a solicitor give this kind of flying advice , which leads you nowhere then whats the point of asking you.
I am sorry to say this that this is the book speaking and not the experience .
And you are counting your money , when information is not worth single penny .
There is no concern in your reply
Expert:  UK-Justice replied 2 years ago.
Clearly you are more knowledgeable than me,

Good luck with your glorious quest for Against those who have oppressed you.
Customer: replied 2 years ago.
Relist: Answer quality.
There is no point of arguing with the appointed solicitor , As she gives an immpression that she is too big and I am too small and she couldn't be bothered
Customer: replied 2 years ago.
This was the exact reply , I expected from a big solicitor like you.
Anyway thank you very much.
Customer: replied 2 years ago.
Relist: Answer quality.
Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  Senior Partner replied 2 years ago.
In order to have any idea about whether you have any prospect of successfully appealing can you explain the bias on which you applied to bring your wife and child here and the basis of the refusal. Can you also confirm which level of tribunal you appealed to and the basis on which your appeal was rejected.
Customer: replied 2 years ago.
Though I lived in UK , But from 2001 to 2010 , I lived in India , I came back to UK in Jan 2011 . After that I got a job in Pizza shop and was paid cash .
In sept 2011 , I applied for spouse or family visa (wife and daughter )along with 3 months salary slips , bank statements , all the evidence of marriage and proof of my daughter.
Immigration officer refused visa on grounds that my salary did not reflect in my bank statement , he interpreted letter from my bank as if the account was closed. Salary slips that I provided were false.
So I went in appeal , Providing evidence that the bank account was in operation , Providing letter from the company accountant , P60 tax certificate.
The visas were refused again on the grounds that It was refused on similar grounds stating that they were not able to detect origination of funds in the account and the P60 was not proper and the accountant was not registered . Income shown is not enough.
Expert:  Senior Partner replied 2 years ago.
On what basis are you here? Are you a british citizen? How much are you earning. When you say you were paid cash was that subject to deduction of tax? Were the P60 and payslips issued by your employer at the time?

To be honest it sounds as if you may be wasting your time appealing again and you may be better off to submit a new application using more upto date documents and a longer employment history. If your have been to the lower tier tribunal and failed your chances of success are limited on an appeal either to the higher tribunal of the court of appeal.

You must have been employed now for a year and ought to have pay slips etc to support that period of employment and continuing evidence from your bank.

What is you income is it in fact sufficient to support your family ?
Customer: replied 2 years ago.
I am a British Citizen ( permanent) , My salary was tax deductable , P60 and payslips were issued by employer.
I have not been to lower tribunal , this is first time.
Income is approx £ 850/-
Expert:  Senior Partner replied 2 years ago.
Sorry I thought you said you had appealed? Who did you appeal to ? who made the application and where was the application made?

850 per month is not a lot to support a wife and child do you have accommodation available ?
Customer: replied 2 years ago.
It is something like this though I do not understand correctly , when I got the first refusal in oct 11 , along with it came the application for right to appeal ( IAFT 2 form ) , which I filled and applied to HM courts and tribunal along with further evidence as stated earlier , they in turn sent it to immigration , On 27 Dec 11 , Immigration again sent the refusal to HM courts and tribunal , And in turn they sent me the photocopies of total case papers and have asked that if I want to put any further papers then I can put upto 20 Feb 12 , After that the Judge will take the case.
Expert:  Senior Partner replied 2 years ago.
o you have clearly misunderstood this mean the appeal has not yet been heard and the judge will decide at a hearing if the application can succeed. So you should put in as much additional evidence as you may have about tour employment and your ability to spurt your wife and children. I would send further payslips in if you can
Senior Partner, Solicitor
Satisfied Customers: 13234
Experience: Solicitor
Senior Partner and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
I understand what you say ? but the point is what are the criterias , they will be examining and what are my chances. thats all I want to know Or I should stick to the points raised by the immigration officer for refusal and put up the papers accordingly and only reply to those query.
Expert:  Senior Partner replied 2 years ago.
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Customer: replied 2 years ago.
I will go to the above stated website , I think it would be best to have an oral hearing and appoint a lawyer.
Please suggest any good immigration lawyer if you know anybody.
Anyway by the rule spouse entering UK is not entitled to any benefits for 2 years.
Personally I have never claimed any kind of benefits in last 25 years.
Expert:  Senior Partner replied 2 years ago.
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Customer: replied 2 years ago.
Thank you . If I need any further advice from you , how should I contact you because I do not know how this site works as there is no name or reference number.
Expert:  Senior Partner replied 2 years ago.
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Customer: replied 2 years ago.
Thank you , Talk to you later about the progress ,

Good bye for now.
Expert:  Senior Partner replied 2 years ago.
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