# What to expect at Spouse Visa Tribunal??



## jdotr (Mar 15, 2016)

Hi All,
I hope you are well.
I had decided to appeal my spouse’s visa application following the advise of a solicitor (Big regret!!) After waiting just over 11 months, I have finally got a court hearing date next month.. Although I have an appointment with my solicitor next week, I was hoping if anyone could share their experience with what to expect at the court with the judge??
A few questions (im sure the solicitor may give some advise, but lets see what folk have to say )
My wives application got rejected for the following:
1)	More proof of communication (I have also been to see her twice since with lots of pictures/receipts etc – will the judge accept this additional evidence prior to making his/her decision???
2)	Financial requirements (The ECO presumed my employment was not genuine due to payslips!! I even got a letter from my employer clarifying the my employment etc but the ECM also dismissed my evidence!!)
My questions:
1)	What questions will the judge ask? I will be writing a statement and I presume the judge will ask questions regarding my application etc?
2)	I presume a representative from HMO will be there? Will they also question?
3)	Will the questions etc be in a public court (magistrates?) so everyone in the room can listen to the questions and possibly sensitive information? Or do we go to a separate room?
Has anyone had experiences with at a tribunal case? Im really worried about who will be listening to the questions and whether or not the judge will understand my employment (Im contracted, to a subcontractor who also has a contract with the client lol!)
Thank you all!


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## Joppa (Sep 7, 2009)

#1 and #2 are possible.
#3 No, it won't be in an open court but in a private room, but it's still a court and you will be under an oath/affirmation.
Don't worry, your solicitor will advise on the day.


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## jdotr (Mar 15, 2016)

Joppa said:


> #1 and #2 are possible.
> #3 No, it won't be in an open court but in a private room, but it's still a court and you will be under an oath/affirmation.
> Don't worry, your solicitor will advise on the day.



Hi Thank you for the prompt reply 

Just a quick question to you or anyone else..

"The visa was rejected as they wanted more proof of communication (I have also been to see her twice since with lots of pictures/receipts etc – will the judge accept this additional evidence prior to making his/her decision???

Thank you in advance.


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## Joppa (Sep 7, 2009)

Probably.


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## meister123 (Apr 7, 2013)

jdotr said:


> Hi All,
> 
> My wives application got rejected for the following:
> 1)	More proof of communication (I have also been to see her twice since with lots of pictures/receipts etc – will the judge accept this additional evidence prior to making his/her decision???
> 2)	Financial requirements (The ECO presumed my employment was not genuine due to payslips!! I even got a letter from my employer clarifying the my employment etc but the ECM also dismissed my evidence!!)


What is the exact wording of the refusal letter? The exact wording will determine the answers to your questions.


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## jdotr (Mar 15, 2016)

Just to give everyone an update ...

So i arrived promptly at the court. The waiting area was full of people and so were the consultation rooms. 

After waiting approx 60 minutes we were called to the court room. I was present with my barrister and 3x witnesses. 

The HMO representative seemed like a friendly guy, but i didnt really engage in a conversation. 
He had a quick chat with my barrister and he stood by the decision by the ECO & ECM ( I guess just doing his job)

the HMO told the judge that the ECM had the right to dismissing all additional evidence due to their (FCO) processes! :tsk::tsk::tsk: - 

He (HMO) said its in the public's interest to reject the visa :brick: (Even though my employment was genuine, several letters from employer/bank statements/wage slips/emails/my agency etc)

He (HMO) also stated the court never gave original documents on the appeal, so the ECM rejected the bank additional statements which my solicitors had provided ! (originals were sent from my solicitors) - Obvious failure in the process between the court to the UKBA.

The judge questioned his decision on the publics interest and he didnt really have an answer. And the fact additional statements were provided but the ECM didnt bother looking at the evidence. My barrister also challenged the HMO on several points and the HMO didnt have much to say.


The judge approved my appeal 

:fingerscrossed: the FCO wont appeal the decision (i dont see any basis on how they could) 

Its a complete abuse of power by the ECO/ECM, and reluctant to do any investigation or looking at the evidence on paper!!!! But im grateful that the judge used some common sense which the ECO/ECM lacked.


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## meister123 (Apr 7, 2013)

jdotr said:


> Just to give everyone an update ...
> 
> So i arrived promptly at the court. The waiting area was full of people and so were the consultation rooms.
> 
> ...


Congratulations! I bet you feel the whole weight lifted off your shoulders now!


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## Joppa (Sep 7, 2009)

Great.
Just to warn you it can take a while till you are asked to submit your passport for visa endorsement, sometimes for several months.


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## jdotr (Mar 15, 2016)

Joppa said:


> Great.
> Just to warn you it can take a while till you are asked to submit your passport for visa endorsement, sometimes for several months.


Just a FYI... My Wife got an email informing her to bring her original passport valid up to 6 months and her TB test certificate,

Does anyone know what the next process is? From my quick research, she will need to take her current Pakistani Passport and her TB test certificate to the British High Commission, and then they will stamp it for her straight away?? (Saying she has 60 days to come to the UK?) And then i can arrange her ticket etc (I wont be able to go pick her up, so she will be travelling by her self)

Once she is here, she will receive a Biometic Residence Permit which she needs to complete?

Is this correct? Any other tips or advise? Thanks all again


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## Joppa (Sep 7, 2009)

Hopefully a vignette will be placed in her passport, and it should be valid for 30 days starting with the date of issue, or perhaps you may delay it a little by request. BRP will be ready for her to collect from designated post office in UK.


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