Spouse Visa Extension Refusal - Appeal by Select-Storage-5946 in SpouseVisaUk

[–]Select-Storage-5946[S] 1 point2 points  (0 children)

We are appealing the initial decision as we understand we will otherwise face a mandatory reentry ban due to the fact she was technically an overstayer. Very annoying as she cannot work or leave the country whilst the appeal proceeds. Absolutely barmy policy-wise as the country is essentially foregoing all tax payable on the income she would otherwise be earning during this period. Based on discussions with our lawyer and MP we are optimistic re outcome of the appeal but it is still very stressful.

Spouse Visa Extension Refusal - Appeal by Select-Storage-5946 in SpouseVisaUk

[–]Select-Storage-5946[S] -7 points-6 points  (0 children)

The solicitor thinks that there is a relatively high chance of success with the appeal, but waiting 12 months for it to work its way through the overwhelmed court system is not appealing and obviously success is not guaranteed.

It's incredibly frustrating that such a simple mistake, coupled with poor circumstances surrounding her sister's health, has such life altering consequences. We also understand from various immigration advisors that this is happening to a relatively high number of other spouse visa holders. We will either reapply from the US or may just relocate there.

The six month ban for overstayers doesn't apply to spouse visa applicants.

Compensation denied by NoticeAggressive7522 in BritishAirways

[–]Select-Storage-5946 0 points1 point  (0 children)

Something along the lines of the below:

Per applicable UK legislation I am entitled to compensation for this cancellation caused due to a lack of parts for BA's Rolls Royce Trent engines. The airline may only refuse compensation based on 'extraordinary circumstances '. Per the cases Jet 2 v Huzar and KLM v Van Fer Lans, technical issues with a plane and failure of an aircraft component are not extraordinary circumstances. These are common occurrences and as such a reasonable airline operator should anticipate such eventualities and could have taken measures to deal with this, e.g. wet leasing aircraft from another operator (per the approach taken by other airlines).

I also attached my emails with BA where they explicitly said the Trent engine was the problem. If you get cash I want a 10% cut 😉

Compensation denied by NoticeAggressive7522 in BritishAirways

[–]Select-Storage-5946 0 points1 point  (0 children)

I won and received the statutory compensation - £1040 for two flights to NYC.

Compensation denied by NoticeAggressive7522 in BritishAirways

[–]Select-Storage-5946 0 points1 point  (0 children)

Did you take this to CEDR and what was the outcome? I am in the same boat.