Post-Study Visa Refused - Need urgent help in Appealing!!!

[Kev-in]

Hoping someone could help ASAP.
Me and my wife have just had our refusal letter 2 days ago after waiting for 4 months along with the rights to appeal.

1. As i need to visit India urgently to attend my sisters wedding do you think its a wise idea to appeal from within UK or can i appeal on the same grounds from India.

2. Do you think i will stand the same chances of success? as i read somewhere we have limited rights to appeal from outside UK. What to they mean by limited rights??

3. If appealing from within UK do you think its better to send our appeal forms and new documents with new evidence to the AIT(Birmingham) or to the same address where we had applied originally for our Post-study work applicaiotn i.e the PSW department in Durham.

Thanks a ton. Any help or suggestions are much appreciated.

[vinny]

3. If appealing from within UK do you think its better to send our appeal forms and new documents with new evidence to the AIT(Birmingham) or to the same address where we had applied originally for our Post-study work applicaiotn i.e the PSW department in Durham

How do I lodge an appeal?

[rameshnerella]

Hi Kev-in,

I can't give you the advice as i am also in the same situation. but, as far as i know, you should not use the word "New Evidence" as you should not submit new evidence with appeal. you better say "collaborative" - combined evidence proving the authenticity of your previous documents(my solicitor said this) ( i dont know why your visa refused).

if your visa already expired, you better apply from within UK.

[rahilnaz]

Hi Kev-in,

I can't give you the advice as i am also in the same situation. but, as far as i know, you should not use the word "New Evidence" as you should not submit new evidence with appeal. you better say "collaborative" - combined evidence proving the authenticity of your previous documents(my solicitor said this) ( i dont know why your visa refused).

if your visa already expired, you better apply from within UK.

Hello Ramesh,
Can I ask when is ur hearing date and wht evidence u are submitting with ur appeal?
Can ur solicitor represent u in court?

THX man

[Kev-in]

Dear rameshnerella,

You have definitely given me a great tip and any advice is appreciated here as long as it helps everyone , i will make sure i dont use the word 'new evidence'. One very important thing you have pointed out is that i should not be submitting new evidence with appeal. Are we not suppose to send any documents with the appeal form at all?. Please reply back on this as i had planned to send them with the appeal form.

Yes i am applying from the UK .Firstly, my partners visa was refused on the grounds that we did not send the actual certificate since it arrived later, although we sent a letter explaining our situation as requested by the HO but they still refused it and secondly due to maintenance of funds which was shown under my name.

All the best for your application. If the solicitors have told you to re-apply they 'may be' right as they know the law better than us.

Kev-in

[vinny]

One very important thing you have pointed out is that i should not be submitting new evidence with appeal. Are we not suppose to send any documents with the appeal form at all?. Please reply back on this as i had planned to send them with the appeal form.

To lodge an appeal you must return your appeal form together with any additional supporting documentation to us at:

Asylum and Immigration Tribunal
PO Box 7866
Loughborough
LE11 2XZ

Fax 01509 221699

You are advised to make copies of the completed form and all documents that support your appeal and keep a copy for yourself.

If 85(4) is applicable, then

an adjudicator may consider evidence about any matter which he thinks relevant to the substance of the decision, including evidence which concerns a matter arising after the date of the decision.

[Kev-in]

To lodge an appeal you must return your appeal form together with any additional supporting documentation to us at:

You are advised to make copies of the completed form and all documents that support your appeal and keep a copy for yourself.


Dear Vinny,

Thanks for pointing this out, i thought as much that you have to send the additional supporting documents with your appeal form. I think i may have misunderstood what rameshnerella said, I guess he meant send the additional documents but dont use the word "new evidence" and just say "collaborative documents".

Much appreciated, Kev-in

[A]

One very important thing you have pointed out is that i should not be submitting new evidence with appeal. Are we not suppose to send any documents with the appeal form at all?. Please reply back on this as i had planned to send them with the appeal form.

To lodge an appeal you must return your appeal form together with any additional supporting documentation to us at:

Asylum and Immigration Tribunal
PO Box 7866
Loughborough
LE11 2XZ

Fax 01509 221699

You are advised to make copies of the completed form and all documents that support your appeal and keep a copy for yourself.

If 85(4) is applicable, then

an adjudicator may consider evidence about any matter which he thinks relevant to the substance of the decision, including evidence which concerns a matter arising after the date of the decision.

ATTENTION!! The Loughborough is NO LONGER the correct address! The Birmingham address is the correct one. This changed as of December this year!

A.

[zee40294]

I THING IS YOU SHOULD GO HEAD WITH APPEAL PROCESS AND YOU SHOULD NOT LEAVE THE COUNTRY.