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Switch from paper to oral hearing - Urgent

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Ayeshaabbas
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Switch from paper to oral hearing - Urgent

Post by Ayeshaabbas » Sat Mar 21, 2015 7:27 pm

Hello All

I am trying to find ways to delay my appeal hearing day as much as possible. i have been told that one way of doing this is to go for paper hearing first then later when one week is left for paper hearing then change it to oral hearing. is this correct? please advise

i am worried what happens if i do this? will i get flak from court for deliberately delaying for process?

please advise

Obie
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Re: Switch from paper to oral hearing - Urgent

Post by Obie » Sat Mar 21, 2015 8:27 pm

Are you currently being represented?

Your priority should first to send the appeal, then request the location where you want it to be heard.

You could hold on to the payment, until requested to do so, and pay on the deadline date.
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Ayeshaabbas
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Re: Switch from paper to oral hearing - Urgent

Post by Ayeshaabbas » Sat Mar 21, 2015 9:25 pm

thanks for your reply obie

i live in manchester and the deadline for appeal is on 8th april.

i will send the appeal before 8th and i know that i have to do this but will i able to request them to change the location where i want it to be heard?

will i be able to change it from manchester to london? if i do then later on, dont you think that i have to provide evidence of cohabitation in london then for both husband and myself when i apply for flr m? (remember i am only delaying appeal process to buy time)

"You could hold on to the payment, until requested to do so, and pay on the deadline date"

if i do this then will it cause any adverse impact? for example the HO or the judge might say that i deliberately didnt pay because i wanted time. is this possible or will this work? please advise

Greenie
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Re: Switch from paper to oral hearing - Urgent

Post by Greenie » Sun Mar 22, 2015 11:04 am

They won't just change the location of the hearing unless there are very good reasons to do so. If you are considering (as implied by your post) lying to the tribunal they you have moved to London in order to change hearing location changed then I would forget that idea now.

Ayeshaabbas
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Re: Switch from paper to oral hearing - Urgent

Post by Ayeshaabbas » Sun Mar 22, 2015 11:34 am

thanks for your comments

what happens if i dont pay the appeal fees at first and pay it on later when the court requests? will this give any indication to the judge or HO that i did this deliberately in order to delay my appealing process (since its clear in the appeal documents that non payment of oral hearing will result in delay in process)

WR1
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Re: Switch from paper to oral hearing - Urgent

Post by WR1 » Sun Mar 22, 2015 11:38 am

If you did decide to go for paper hearing and then switch to oral hearing, do note that this will reset your appeal clock, so works out in your favour if you are delaying the appeals process.

You don't get to decide on the location of the oral hearing, it is set by the tribunal, unless there are strong reasons for doing so.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Ayeshaabbas
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Re: Switch from paper to oral hearing - Urgent

Post by Ayeshaabbas » Sun Mar 22, 2015 12:09 pm

"If you did decide to go for paper hearing and then switch to oral hearing, do note that this will reset your appeal clock, so works out in your favour if you are delaying the appeals process."

if i decide to do this then would this cause any adverse impact on my appeal other than delay? my only worry is what will happen if the judge or HO says that i deliberately switched from paper to oral in order to buy time. is this possible or will i be ok?

WR1
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Re: Switch from paper to oral hearing - Urgent

Post by WR1 » Sun Mar 22, 2015 12:28 pm

It should not have any impact on the appeal.

I've gone through the same process (changed from paper to oral) and had no issues.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Ayeshaabbas
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Re: Switch from paper to oral hearing - Urgent

Post by Ayeshaabbas » Sun Mar 22, 2015 4:52 pm

thanks for your advice

i have heard that once you go for paper hearing then in future if you want to change it back to oral then this will delay the process further. i understand this but i have also heard that sometimes the applicant doesnt get permission to switch from paper to oral because its upto the judge to decide this. is this true?

i.need.help
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Re: Switch from paper to oral hearing - Urgent

Post by i.need.help » Sun Mar 22, 2015 5:28 pm

What were the reasons for the refusal in the first place?

Why don't you just reapply instead of spending months or a year or so on appealing the decision?

Btw, incase you didn't know, as of the 6th April, settlement visa application fee is increasing + all new applicants will be required to pay £200 per year to the NHS. So that's about £500 per 2.5 years and £1000 total by the 5th year. It's an upfront payment. No apply now pay later and if the application gets refused, you don't get a refund.
TIMELINE

Spouse Visa (Entry Clearance) granted on 20-02-15
FLR-M (Extension) granted on 24-08-17
ILR (SET-M) not due until 2020

Views and opinions provided by myself, should not be relied upon as professional advice.

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Re: Switch from paper to oral hearing - Urgent

Post by Tier 4 » Mon Mar 23, 2015 9:09 pm

Ayeshaabbas wrote:Hello All

I am trying to find ways to delay my appeal hearing day as much as possible. i have been told that one way of doing this is to go for paper hearing first then later when one week is left for paper hearing then change it to oral hearing. is this correct? please advise

i am worried what happens if i do this? will i get flak from court for deliberately delaying for process?

please advise
Looks like we are in a same boat, the only difference is I have a child with British passport

I have ILR and my Mrs FLR fp was refused after I gained ILR on Long residence and before my child reg as British Citizen

we appeal and opted for paper hearing and now recently I changed it to oral hearing.

Trust me this tribunal system is awfully slow so you don't have to worry about delays.

Good luck
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