Tuesday, June 24, 2014

Appeal Cases Keeping Me Busy As Home Office Refuse Leave To Remain

Cynthia Barker writes...Another manic day, saw three sets of clients and 10 people today! Home Office appeal cases are keeping us soooo busy, but I wish clients would come to me with their visa refusals a little earlier than 24 hours before the deadline to lodge an appeal!

Some of the refusals by Home Office case workers for further leave to remain or partner visas are just plain daft!

In one case, a client was refused due to "inconsistencies in answers" during a Home Office interview for an EEA residence card for the non-EU wife of a Romanian national.

In the appeal evidence our appeal specialist actually refers to an old TV show called 'Mr and Mrs' in which married couples are secretly questioned about their partners habits and tastes.

The show was very popular and ran for decades because even couples who had been married for 50 years would give the wrong answers!

Back to our client's appeal. During the Home Office interview the wife was asked if her husband smoked. She said he had "given up".

But when the husband was questioned in another room he admitted to the Home Office officers (but not his wife!) that he still smoked.

Based on these minor inconsistencies, the wife was refused an EEA residence permit, and we are appealing the Home Office refusal decision.

The appeal tribunal will involve highly paid immigration judges, clerks, administrators, lawyers and a home Office representative to fight their case (assuming they turn up), all of which will cost the British taxpayer a lot of money. They should have been granted the EEA residence card in the first place, without the need for an interview.

If you need advice on any immigration matter, including overstaying your visa, EU or UK immigration law, or want to appeal against a refusal, call Cynthia Barker on 07850 307687 or 0208 731 5972 or email her your details to Cynthia Barker is a qualified OISC Registered Immigration Adviser, with 15 years experience in immigration matters, with a team of Level 3 Immigration Law Practitioners, Concept Care Solutions, Middlesex House, 29-45 High Street, Edgware, HA8 7UU.

See also: Home-office-wins-appeal-on-spouse-visa

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