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solicitor cost to lodge an appeal

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hmm
Member
Posts: 178
Joined: Thu Aug 18, 2005 1:49 pm

solicitor cost to lodge an appeal

Post by hmm » Mon Oct 20, 2014 3:39 pm

My mother in law's returning resident visa has been refused. Is it possible to ask for ECO review without going through appeal procedure? If we have to go through appeal procedure to get the ECO review then we'll ask for paper hearing rather than an oral hearing. It is due to the cost of the oral hearing and nature of the case. Any idea how much would a good immigration solicitor would charge to lodge an appeal?
We'd like to send some supporting documents along with a letter explaining why we didn't send those documents with the visa application. We can do it our self but someone mentioned that having this letter written by solicitor makes difference when ECO reviewing the case.


Any advise please.

Rayking
Senior Member
Posts: 694
Joined: Tue Dec 03, 2013 2:58 pm

Re: solicitor cost to lodge an appeal

Post by Rayking » Mon Oct 20, 2014 6:49 pm

If it's something simple you can do it,if you state the reason or reasons,people can be of help on here without paying a solicitor. You should have seen how much help is here for people.

hmm
Member
Posts: 178
Joined: Thu Aug 18, 2005 1:49 pm

Re: solicitor cost to lodge an appeal

Post by hmm » Mon Oct 27, 2014 1:07 pm

Thanks for your reply. I'm still in two minds about getting a solicitor.
Is it worth going for a paper hearing rather than an oral hearing? I don't think I can sit through another oral hearing, long story!
I know everyone advise against paper hearing but I'd like to particularly hear from paper appeal success or unsuccessful stories.
What is your opinion? please share your thoughts.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Re: solicitor cost to lodge an appeal

Post by Lucapooka » Mon Oct 27, 2014 1:14 pm

hmm wrote:What is your opinion? please share your thoughts.
After you, please! You really have not provided sufficient information about the reason for the refusal for anyone to be able to make an informed comment on the type of appeal.

hmm
Member
Posts: 178
Joined: Thu Aug 18, 2005 1:49 pm

Re: solicitor cost to lodge an appeal

Post by hmm » Mon Oct 27, 2014 2:45 pm

The reason for refusal is that she spent more time outside UK than here. She came here on an elderly dependant ILE but only spent 10 months in the UK. Then she returned home and it's been just over two years, she still there. Hence she applied to returning resident which was refused.
ECO accept she is financially depends on us and she has ties to the UK but ECO doubt her intension to make UK as her home.

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Re: solicitor cost to lodge an appeal

Post by Lucapooka » Mon Oct 27, 2014 2:50 pm

For the appeal, you need to indicate the very pressing and unavoidable circumstances which compelled her to remain outside the UK. The fact that she 'lived' there for only a very short period, has not established any type of life or links in the UK, (other than your remittances to her in her country which can easily continue), will not look good to an appeal judge.

Otherwise, she can apply for settlement again, but time under the new rules. I doubt from what you have said that she would meet those new requirements.
Last edited by Lucapooka on Mon Oct 27, 2014 3:53 pm, edited 2 times in total.

hmm
Member
Posts: 178
Joined: Thu Aug 18, 2005 1:49 pm

Re: solicitor cost to lodge an appeal

Post by hmm » Mon Oct 27, 2014 2:59 pm

Lucapooka wrote:For the appeal, you need to indicate the very pressing and unavoidable circumstances which compelled her to remain outside the UK. The fact that she has not established any type of life or links in the UK, other than your remittances to her in her own country (which can easily continue to be sent), will not look good to an appeal judge.

Otherwise, she can apply for settlement again, but time under the new rules. I doubt from what you have said that she would meet those new requirements.
Thanks for your reply.
You are right, she will not be qualified to apply for settlement again under new rules.

When answering the question 'Grounds for your appeal' on the appeal form, do we need to quote the paragraph, etc from the immigration rules?
We know what to say but not how to word it.

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