Spouse Visa Appeal Process - Please Advise

[hellokittyhannah]

Hi all,
Over a week ago my husband received a refusal for his settlement visa application. We are now looking to appeal the decision. I have a few questions that I am still very unsure about. I have seen at least four different solicitors, all of whom have given me conflicting advice. To be honest I don't even trust any solicitor and I'm thinking that the best thing to do may be to prepare the appeal myself. The members on this forum are far more helpful than any solicitor.

My main query is with the actual process of appealing. I have read it time and time again on the UKBA website but I still cannot grasp it. Please can someone help me with my concerns -

My husband is in India, I am with him at the moment too so where do we send our appeal? To the UK or New Delhi? A solicitor told me that the documents will be sent to Delhi first to see if they overturn the decision, if they don't then they will write to my husband telling him why it has not been over turned and they will then send the bundle off to Court themselves. Is this correct?

Also, if we request an oral hearing, the Court will write to me only as the sponsor in the UK and tell me of the date. We then have time to submit more documents to submit in front of the Court. Is this correct?

A solicitor has told me that he will charge me £500 to first lodge the appeal and prepare a case against the ECO's decision. If that is unsuccessful then another £500 to prepare a legal argument for Court along with witness statements. Is this the correct procedure?

I thought that once we submit our documents within 28 days we cannot add anything else for the Court either but the solicitor has told me we can add additional evidence for the Court hearing.

Can someone please help with the above; it is bad enough going through this awful process without feeling so lost and confused.

Thank you for reading.

[batleykhan]

Hi all,
Over a week ago my husband received a refusal for his settlement visa application. We are now looking to appeal the decision. I have a few questions that I am still very unsure about. I have seen at least four different solicitors, all of whom have given me conflicting advice. To be honest I don't even trust any solicitor and I'm thinking that the best thing to do may be to prepare the appeal myself. The members on this forum are far more helpful than any solicitor.

My main query is with the actual process of appealing. I have read it time and time again on the UKBA website but I still cannot grasp it. Please can someone help me with my concerns -

My husband is in India, I am with him at the moment too so where do we send our appeal? To the UK or New Delhi? A solicitor told me that the documents will be sent to Delhi first to see if they overturn the decision, if they don't then they will write to my husband telling him why it has not been over turned and they will then send the bundle off to Court themselves. Is this correct?

The Appeal must be sent to the UK.It is no longer possible to send it to the post where you applied.That has stopped now

Also, if we request an oral hearing, the Court will write to me only as the sponsor in the UK and tell me of the date. We then have time to submit more documents to submit in front of the Court. Is this correct?

It is best to go for an oral hearing rather than a paper hearing. It will take on average around 6 months before you get a hearing date.You have to submit all documents with your appeal form


A solicitor has told me that he will charge me £500 to first lodge the appeal and prepare a case against the ECO's decision. If that is unsuccessful then another £500 to prepare a legal argument for Court along with witness statements. Is this the correct procedure?

Yes that is how much it will cost for a UK solicitor to do everything for you,unless you can do it yourself ( most people do this themselves)

I thought that once we submit our documents within 28 days we cannot add anything else for the Court either but the solicitor has told me we can add additional evidence for the Court hearing.

Yes you can do so if it is relevant to proving a point on which you were refused

Can someone please help with the above; it is bad enough going through this awful process without feeling so lost and confused.

Depending what you were refused, it may not to get a full hearing, cos once you send all teh documents with your appeal, the ECM will review what you have stated in your appeal.If he is satisfied that you have proved your point on which you were refused, he may well overturn the original refusal and grant visa.This could take up to 3 months.If it goes to a hearing it will take a further 3 months before you get a hearing where either you or your solictor will argue your points

Thank you for reading.

[khan2013]

Can you please provide some help.My wife's settlement application has been refused.I need some guidance for appeal process.The only reason is we didn't provide the property inspection certificate. If we provide the recent property inspection certificate ,will it be accepted? My wife also applied for her two children individually.The refusal letter only mentions her name.Should we lodge different appeal for each child and her.There is only one post reference number on the refusal letter.

[philemon_bodiba]

If your wife had been refuse a visa, then automatically the children are also a subject of refusal.
Bear in mind that it would pointless to issue the children a visa but not their mother..

[vinny]

A property inspection report is not compulsory.

Additional evidence may be submitted.

All applicants may appeal.

[SoHopeful]

It might be useful to share exactly what the refusal stated.
It seems you were unsuccessful due to accommodation, but share the exact wording of the letter so you can be advised further.