[Ash878]

Hi everyone

My husband visa was refused in jan 2015 and after filing an appeal, the case has been withdrawn by home office. We meet all the requirements however the mistake we made on initial application was that we sent copies of documents (for e.g. Marriage certificate, payslips, bank statements etc). However with the appeal we submitted all originals. My question is how likely is it that visa will be issued now? And what are the timescales for this?

Thanks all in advance

 

[Ash878]

Anybody?

 

[Joppa]

What do you mean by Home Office withdrawing the case? What did the letter say from the tribunal?

 

[Ash878]

Hi Joppa thanks for the reply

Below is advice from my solicitor. The letter is on its way.

"You should by now have received a copy of the Notice from the Tribunal
indicating that the Home Office have withdrawn their original decision
to refuse your husband's application for entry clearance as a spouse.
We must now inform the Tribunal whether or not you and your husband
consent to their withdrawal. It is not guaranteed that they will make a
positive decision and issue your husband with his visa, however, given
that we provided the required documentation to show that he would
satisfy the Immigration Rules, it is likely. If you do decide to
withdraw, you will not be able to recover costs as you would in the
event of a successful outcome at appeal. Alternatively, you could
insist on the appeal being decided by the Tribunal. At the moment we
have requested that any decision be made on papers, rather than at an
oral hearing, but that can be changed, if required, and you will have
the opportunity to make oral submissions before a Judge. You must bear
in mind also that an appeal is likely to take at least 6 months,
possibly longer.'

What do u think? I want a second opinion.
Thanks

 

[arisk01]

I think they key thing you need to find out is if you consent to their withdrawal does this preclude you from appealing again should the new decision also be a refusal? If it doesn't, then I see no reason to not consent, as if they do refuse you again then you can just appeal again, but that seems unlikely otherwise they wouldn't have withdrawn the original decision. Of course it depends how much money you have spent on the appeal so far, if it is substantial then push on, but if you can live with it to get a faster result then withdraw. These are questions you need to ask your solicitor and get answers from UKVI though....

 

[Joppa]

You should pay for a second opinion, not ask non-professionals on the forum over a complicated legal matter.