zeezee28 wrote:Hi,
I wanted to know the procedures for an appeal if refused a tier 1 general visa?
How long it takes to process a decision?
DO they overturn the decison straightaway if succesful?
If decision is succesful how long does it take for the passport to be stamped?
If dependant refused also do we have to fill out two appeal forms or one form is enough?
Do we have to go for a hearing?
DO hearings take place in london?
If I have missed put anything, please feel free to add in anything relevant.
Thanks and regards,
Appeal times vary, depending on the queue. I imagine with the UKBA budget cuts and job losses planned, things may get backlogged and hectic for a little while.
Once you have your appeal, you can expect a determination in roughly 1 week. A copy of the determination will be sent to both yourself and the Treasury Solicitor to pass on to the UKBA.
The determination is binding from the date it is given; e.g. if the determination is dated 12th October and you receive it on 15th October, the determination has still been valid since the 12th.
The passport stamping works in two ways - if your passport is already with the UKBA, they will process it at their own speed - it could take a week or two till you receive it. If they require you to send your passport in, the same timeline applies once you have sent the requested travel document in.
In some cases they will send the stamp to your legal representative and you can apply it yourself. This is more common with ILR applications though, or paper applications made without original documentation.
A dependants application rides on the main applicant. If theirs is successful, the dependents will be successful. If the main applicant fails, the dependents will fail. When it comes to appeals, procedure generally stipulates that each appealing member fill in their own form while quoting the reference number of their main applicants/dependants. In this way your appeal hearings are together. Some solicitors tend to submit all of the references together though on a single form.
You should always attempt to attend your hearings. It will still be decided, with or without your presence. Your presence shows a degree of responsibility and only plays in your favour - unless ofcourse you behave in such a way that would damage it.
