# Home office appeal to upper tribunal granted



## starlight84 (Nov 28, 2013)

Hi all,

I came on here to get some advice. I am a British Citizen, living in England, I am Married to a Ukranian Woman, we met while working together onboard a cruise ship.

Long story short, we were refused our original application for a spouse Visa in Nov 2012 under the grounds that I as her sponsor did not provide written undertaking to be responsible for my wife, (I did provide this though) they did not beilive our Marriage was legitimate as we only provided a handfull of photographs and most of those were of the Wedding, I do not earn enough, (I am currently in full time Employement and have been for 18 months though my salary is substantially lower than the required £18,600) and my Wife had not supplied her KET Certificate for the English language test.

We appeal against the decision and provided a lot of further evidence to support our appeal. When we received the ECM's review, they stated that they now accept we are legitimately Married and do intend to settle down in the UK and that I have provided a written undertaking for my wife but that they still did not have the KET certificate and I do not earn enough so it went through to the Tribunal Judge.

It's worth noting that we did provide a copy of my wifes KET certificate.

The applea went well, the judge dismissed our appeal with regards to the Home office requirements but then accepted the Appeal under Article 8. 

We have now recieved a letter from the Tribunal saying that and application to appeal against this Judges decision from the Home office has been successful as the Home office are staing that the judge did not consider that the Home office financial and English requirements were not unlawful as he had stated in his review.

Pleas can anyone help with advice? I don't have much time to act and I have no idea what to do next to win this second appeal.


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## Joppa (Sep 7, 2009)

Are you legally represented? Then contact them for advice. Upper Tribunal matter is beyond our competence.


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## starlight84 (Nov 28, 2013)

Thank you for your reply, I am not legally represented but will now seek representation. I just wanted to see if there was any other advice out there in the mean time.


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## Joppa (Sep 7, 2009)

You are fighting against Home Office solicitor, and when the matter gets into legal niceties, you need a professional on your side.


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## starlight84 (Nov 28, 2013)

OK thank you, I will go see a Solicitor tomorrow.


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## Joppa (Sep 7, 2009)

Make sure they specialise in immigration law. Alternatively contact a registered advisor qualified to level 3 (the highest).


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## starlight84 (Nov 28, 2013)

Understood, thank you. Any idea how much legal representaion at this level will cost roughly?


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## starlight84 (Nov 28, 2013)

Also, I have been offered a new job in the same city but with a highter salary. It still won't be enough to meet the requirements, if I decide to take the job, would this effect our case at all?


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## Joppa (Sep 7, 2009)

Hard to say. If you want your solicitor to appear in person, expect a fee of several hundred per day. Advisor may take on your case for a fixed fee of around £1000 (plus VAT).

I can't comment on your new job as I don't have all your details.


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## starlight84 (Nov 28, 2013)

Thanks, several hundred per day I assume you mean per day they spend at the tribunal representing me?


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## Joppa (Sep 7, 2009)

Yes, plus all the other costs, which may be done on per hour basis.


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## starlight84 (Nov 28, 2013)

Ok thanks for your advice


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