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Waiting time after Visa appeal is allowed

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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simplythebestro
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Posts: 7
Joined: Fri Oct 16, 2009 11:20 pm

Waiting time after Visa appeal is allowed

Post by simplythebestro » Tue Dec 29, 2009 11:41 am

Hi guys,

I won my appeal for Tier 2 visa on 01 Dec, 2009 which was refused because of salary.
I got a letter from AIT confirming that I won the appeal and it says the Home Office has been informed by writing too.

Can someone please guide me about what happens next ?
And how long will it take for the Home Office to stamp visa on passport and return it back to me ?

NB: I currently have my passport on me.

Thanks, Rohit

Anand Reddy
Newly Registered
Posts: 12
Joined: Wed Jan 06, 2010 11:50 pm

Re: Waiting time after Visa appeal is allowed

Post by Anand Reddy » Thu Jan 07, 2010 8:54 am

simplythebestro wrote:Hi guys,

I won my appeal for Tier 2 visa on 01 Dec, 2009 which was refused because of salary.
I got a letter from AIT confirming that I won the appeal and it says the Home Office has been informed by writing too.

Can someone please guide me about what happens next ?
And how long will it take for the Home Office to stamp visa on passport and return it back to me ?

NB: I currently have my passport on me.

Thanks, Rohit
Hi Rohit,
Congratulation you won the appeal, as I am new here if you dont mind i would like to ask when you have appealed exactly on which date.
It would be helpful for me as got refused on maintenance funds. So please answer to my query

ABDUR
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Posts: 10
Joined: Mon Jan 04, 2010 10:53 am

Post by ABDUR » Thu Jan 07, 2010 12:01 pm

hi,
Congrats for the winnig the appeal. I have the same situation like you . I have got refusal for the lower salary.and i have been to many solicitors they still couldnt come up with the idea of appeal ground. please advise what have you wrote on the appeal. my appeal time is getting closue.
It would be very kind of you if you could help.

many thanks.
Abdur.

djzack
Junior Member
Posts: 81
Joined: Thu Nov 26, 2009 3:15 pm

Post by djzack » Thu Jan 07, 2010 1:46 pm

Yes, it would be great if someone could share the details of tackling this situation, I can see that many have been refused on the same reason i.e salary not matched against the SOC, and it would be great to know if there were any real grounds for coming up with an appeal.

djzack
Junior Member
Posts: 81
Joined: Thu Nov 26, 2009 3:15 pm

Post by djzack » Thu Jan 07, 2010 1:50 pm

ABDUR wrote:hi,
Congrats for the winnig the appeal. I have the same situation like you . I have got refusal for the lower salary.and i have been to many solicitors they still couldnt come up with the idea of appeal ground. please advise what have you wrote on the appeal. my appeal time is getting closue.
It would be very kind of you if you could help.

many thanks.
Abdur.
Abdur, what's the deadline date for your appeal? I am sure there is a way to handle this situation as some forum members I've noticed have been able to win the appeal under the same situation.

Now, the only thing is if anyone replies with their reason or grounds of appeal.

djzack
Junior Member
Posts: 81
Joined: Thu Nov 26, 2009 3:15 pm

Post by djzack » Fri Jan 08, 2010 2:15 pm

ABDUR wrote:hi,
Congrats for the winnig the appeal. I have the same situation like you . I have got refusal for the lower salary.and i have been to many solicitors they still couldnt come up with the idea of appeal ground. please advise what have you wrote on the appeal. my appeal time is getting closue.
It would be very kind of you if you could help.

many thanks.
Abdur.
Any luck Abdur, did you find any grounds for appeal for your case? Did you get any lawyers to look into your situation?

ABDUR
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Posts: 10
Joined: Mon Jan 04, 2010 10:53 am

Post by ABDUR » Fri Jan 08, 2010 2:24 pm

hi djzack,
my appeals last date is 18/01
Not really going well. If i appeal the chances are very low and its gonna cost a lot..so solicitor advised me to make a out of time application which has more chance than appeal. If i get refusal from the out of time than has to go home and make a new entry clearance application.
Not sure what should i do.

djzack
Junior Member
Posts: 81
Joined: Thu Nov 26, 2009 3:15 pm

Post by djzack » Fri Jan 08, 2010 2:35 pm

ABDUR wrote:hi djzack,
my appeals last date is 18/01
Not really going well. If i appeal the chances are very low and its gonna cost a lot..so solicitor advised me to make a out of time application which has more chance than appeal. If i get refusal from the out of time than has to go home and make a new entry clearance application.
Not sure what should i do.
By out of time application do you mean a new application after your visa's expired?

I think that's one ways to get your things sorted, but what are the chances that the Home Office would accept a new application? I think it's totally based on discretion of the Entry Clearance Officer is he/she is ready to consider a new case.

If the solicitor is confident about making the new application and getting it processed then there is no point trying anything else and go ahead.

This is certainly a very tough problem, and I wish that it works out for after all this effort. If you don't mind, please can you tell me which solicitor have you consulted?

Anand Reddy
Newly Registered
Posts: 12
Joined: Wed Jan 06, 2010 11:50 pm

Post by Anand Reddy » Fri Jan 08, 2010 3:38 pm

ABDUR wrote:hi djzack,
my appeals last date is 18/01
Not really going well. If i appeal the chances are very low and its gonna cost a lot..so solicitor advised me to make a out of time application which has more chance than appeal. If i get refusal from the out of time than has to go home and make a new entry clearance application.
Not sure what should i do.
Hi abdur,
Could you please write when u have applied for the visa.
Last edited by Anand Reddy on Fri Jan 08, 2010 5:20 pm, edited 2 times in total.

Anand Reddy
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Posts: 12
Joined: Wed Jan 06, 2010 11:50 pm

Post by Anand Reddy » Fri Jan 08, 2010 3:42 pm

ABDUR wrote:hi,
Congrats for the winnig the appeal. I have the same situation like you . I have got refusal for the lower salary.and i have been to many solicitors they still couldnt come up with the idea of appeal ground. please advise what have you wrote on the appeal. my appeal time is getting closue.
It would be very kind of you if you could help.

many thanks.
Abdur.
Hi Abdur,
Did u claimed previous earning points as salaried employed? If yes how much you showed them. Did they gave you any points on previous earnings?
If you would like to share please write details about your rejection?
Inshallah we will sort it out something.

ABDUR
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Posts: 10
Joined: Mon Jan 04, 2010 10:53 am

Post by ABDUR » Fri Jan 08, 2010 8:33 pm

Hi Anand,
Yes i have got all the points i have claimed for excet the 30 points for valid sponsorship license because of the per hour pay does not match with national code of practice.
I have decided to go home and make a entry clearance application.
My occupation is in shortage list and my employer will issue a new certificate.
Hopefully i will get a visa.

Please advise your opinion.

djzack
Junior Member
Posts: 81
Joined: Thu Nov 26, 2009 3:15 pm

Post by djzack » Fri Jan 08, 2010 8:43 pm

ABDUR wrote:Hi Anand,
Yes i have got all the points i have claimed for excet the 30 points for valid sponsorship license because of the per hour pay does not match with national code of practice.
I have decided to go home and make a entry clearance application.
My occupation is in shortage list and my employer will issue a new certificate.
Hopefully i will get a visa.

Please advise your opinion.
All the best Abdur, I hope it works out for you. Do you know how many days you are allowed to stay back in the UK, once you're visa's expired?

Do you leave before your appeals deadline? or do you just go back when it's possible?

Anand Reddy
Newly Registered
Posts: 12
Joined: Wed Jan 06, 2010 11:50 pm

Post by Anand Reddy » Fri Jan 08, 2010 9:12 pm

ABDUR wrote:Hi Anand,
Yes i have got all the points i have claimed for excet the 30 points for valid sponsorship license because of the per hour pay does not match with national code of practice.
I have decided to go home and make a entry clearance application.
My occupation is in shortage list and my employer will issue a new certificate.
Hopefully i will get a visa.

Please advise your opinion.
Hi Abdur,
Good if your employer helps you then its nice. And of course its better option to go back and apply entry clearance.

but in my opinion if your employer is giving you new certificate then speak to a lawyer and I think definitely they have some thing for you.
I know somebody with whom you can speak a professional OISC person.
give me your email address i will send his details.
Lets see if he can help you out.

djzack
Junior Member
Posts: 81
Joined: Thu Nov 26, 2009 3:15 pm

Post by djzack » Fri Jan 08, 2010 10:25 pm

Anand Reddy wrote:
ABDUR wrote:Hi Anand,
Yes i have got all the points i have claimed for excet the 30 points for valid sponsorship license because of the per hour pay does not match with national code of practice.
I have decided to go home and make a entry clearance application.
My occupation is in shortage list and my employer will issue a new certificate.
Hopefully i will get a visa.

Please advise your opinion.
Hi Abdur,
Good if your employer helps you then its nice. And of course its better option to go back and apply entry clearance.

but in my opinion if your employer is giving you new certificate then speak to a lawyer and I think definitely they have some thing for you.
I know somebody with whom you can speak a professional OISC person.
give me your email address i will send his details.
Lets see if he can help you out.
Dear Anand,

Please if you could post the suggested OISC person on the forum so that everyone can benefit from it.

djzack

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