Dependant visa requirment-- PLS ADVICE

DAR1 · Post by **DAR1** » Thu Mar 24, 2011 10:32 pm

i have receieved my docs back from HO without refusal letter. then
i have sent emailtoday to caseworker then he replied that i have sent refusal letter with your passport & then he sent me refusal letter through email & he said i will also send dublicate refusal letter.....
But here is a problem, he refused my visa & did not grant mr right of appeal .... he awarded 95 points but he did not awarded 10 points for english certificate that i have not submited original english certificate...only objection for this certificate. but i have succesfuly passed the test & sent them online result + college letter. but awarding body did not sent me original certificate due to my wronge registeration, my college fault or awarding body , i don't know.
my visa was expired on 12 march but he considered that i have valid visa & did not grant me apeal of right.

Please advice me how i can get Apeal right.....

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REFUSAL REASON
You are not entitled to appeal this decision. Nationality Immigration and Asylum Act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the United Kingdom and so is entitled to stay here.
You still have leave to remain where your current conditions continue to apply until 12 march 2011. Please ensure that you understand the conditions of your stay.
You are not required to leave the United Kingdom as a result of this decision.
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Post by **vinny** » Fri Mar 25, 2011 12:02 am

What was the date of the refusal?

Ask a judge to grant you a right of appeal as outlined:

Frequently Asked Questions wrote:My appeal will be late. What should I do?

If your appeal will not be received by the required date, you must explain why you were not able to submit it in time. You can do this in section 2 of the IAFT-1 application form. An Immigration Judge will then consider the documents and decide whether there are special circumstances that will allow your appeal to proceed. The Judge will not make a decision on your appeal at that stage. The Judge will only consider if your appeal can proceed.

DAR1 · Post by **DAR1** » Fri Mar 25, 2011 9:10 am

vinny wrote:What was the date of the refusal?

Ask a judge to grant you a right of appeal as outlined:
Frequently Asked Questions wrote:My appeal will be late. What should I do?

If your appeal will not be received by the required date, you must explain why you were not able to submit it in time. You can do this in section 2 of the IAFT-1 application form. An Immigration Judge will then consider the documents and decide whether there are special circumstances that will allow your appeal to proceed. The Judge will not make a decision on your appeal at that stage. The Judge will only consider if your appeal can proceed.

Thanks....
I did not recieve resusal letter till now, he sent me attached email. but there is no date mentioned. i have requested him send me hard copy. I have recieved my passport & docs on 16 march through speciel delivery without refusal letter. but he confirmed decision date on email 13 march after 1 day my visa expired.
How i can apply for right of appeal & where.

Post by **vinny** » Fri Mar 25, 2011 9:30 am

Actually, you should have a right of appeal under 82(2)(d).
Write as advised above or lodge an appeal within the time limit.
Click on links for more info.

Post by **Greenie** » Fri Mar 25, 2011 9:51 am

If you have the refusal letter by email you don't need to wait for the original.

However I think you should ask the caseworker to grant you a right of appeal since he did not serve the decision on you before your leave expired.

Give him a couple of days to reply and then if appeal to the FTT as Vinny has advised and provide evidence of when you received the refusal letter (i.e. that it was after your leave expired).

It's not that your appeal is late so the link Vinny has posted is not really relevent in my view but you should still explain why you want the judge you grant you an appeal by providing evidence of when you recieved the refusal by email.

Post by **vinny** » Fri Mar 25, 2011 10:00 am

Given the refusal and visa expiry dates, I don't believe that the caseworker has the power to deny you the rights of appeal under 82(2)(d).

Post by **Greenie** » Fri Mar 25, 2011 10:19 am

i agree with Vinny regarding appeal right.

Just want to slightly amend my earlier advice -appeal now but also email caseworker to ask him to grant you a right of appeal for the reasons already explained/

There should be a date on the refusal letter he email you - what is it?

When did you recieve the letter by email?

in addition 13th March was a Sunday!? Is he really saying this is the date of decision??

DAR1 · Post by **DAR1** » Fri Mar 25, 2011 10:34 am

Greenie wrote:i agree with Vinny regarding appeal right.

Just want to slightly amend my earlier advice -appeal now but also email caseworker to ask him to grant you a right of appeal for the reasons already explained/

There should be a date on the refusal letter he email you - what is it?

When did you recieve the letter by email?

in addition 13th March was a Sunday!? Is he really saying this is the date of decision??

Date is not mentioned on attached email refusal letter. i have checked it step by step.
Sory he wrote decision made on 14 march, confirmed me on email.

Post by **Greenie** » Fri Mar 25, 2011 10:48 am

well then you should definitely have a right of appeal if your leave expired on 12 march. Caseworker is talking rubbish. Judge should grant you a right of appeal.

DAR1 · Post by **DAR1** » Fri Mar 25, 2011 11:31 am

Greenie wrote:well then you should definitely have a right of appeal if your leave expired on 12 march. Caseworker is talking rubbish. Judge should grant you a right of appeal.

thanks....

2nd thing, i have recieved docs on date 19 march & they have despatched 17 march.i got tracking royl mail reciept.
Do you know website where can i download form for right of appeal & postal address.

Post by **Greenie** » Fri Mar 25, 2011 11:38 am

click on link provided by Vinny.

DAR1 · Post by **DAR1** » Sat Mar 26, 2011 1:08 pm

Greenie wrote:click on link provided by Vinny.

Thanks ...

Good News, i have recieved refusal letter today & he gave me appeal right now. but he did not send me appeal form.
Could you please tell me link where i can download appeal form,

Post by **vinny** » Sat Mar 26, 2011 1:25 pm

vinny wrote:Actually, you should have a right of appeal under 82(2)(d).
Write as advised above or lodge an appeal within the time limit.
Click on links for more info.

IAFT-1 Form â€“ Notice of Appeal to the First-tier Tribunal

DAR1 · Post by **DAR1** » Mon Mar 28, 2011 10:21 am

vinny wrote:
vinny wrote:Actually, you should have a right of appeal under 82(2)(d).
Write as advised above or lodge an appeal within the time limit.
Click on links for more info.
IAFT-1 Form â€“ Notice of Appeal to the First-tier Tribunal

DAR1 · Post by **DAR1** » Fri Apr 08, 2011 10:58 am

DAR1 wrote:
vinny wrote:
vinny wrote:Actually, you should have a right of appeal under 82(2)(d).
Write as advised above or lodge an appeal within the time limit.
Click on links for more info.
IAFT-1 Form â€“ Notice of Appeal to the First-tier Tribunal

i have sent appeal form with all relevent docs photo copies.

my question is that how long it take the time on appeal. i have sent photo copies they will ask original. 2nd court call to everyone to attend hearing in court or court can make the decision on the base of papers.

thanks in advance.

Lor · Post by **Lor** » Fri Apr 08, 2011 5:01 pm

Please does any one know the time duration an appeal process takes once filed?

Post by **geriatrix** » Sat May 14, 2011 4:51 pm

DAR1 wrote:Hi,
i was refused & now 5th may heared my appeal & appeal allowed.
how long home office take time to send me call letter & they give time frame to submitt passport to home office. becasue i have 1/2 months valid passport & i want to renew passport but for renewal they take 6-8 weeks time.

2nd, after stamped my passport i want apply for my wife & child . they live out side uk. what requirements for this.
please note i am self employee.

Thanks

1. Assuming UKBA does not intend to challenge the appeal decision, no one can tell you how long UKBA will take to ask to submit your passport. It can be weeks or months.
2. See Guidance - Tier 1 (General) Dependent application.

DAR1 · Post by **DAR1** » Mon Jun 06, 2011 2:34 pm

sushdmehta wrote:
DAR1 wrote:Hi,
i was refused & now 5th may heared my appeal & appeal allowed.
how long home office take time to send me call letter & they give time frame to submitt passport to home office. becasue i have 1/2 months valid passport & i want to renew passport but for renewal they take 6-8 weeks time.

2nd, after stamped my passport i want apply for my wife & child . they live out side uk. what requirements for this.
please note i am self employee.

Thanks
1. Assuming UKBA does not intend to challenge the appeal decision, no one can tell you how long UKBA will take to ask to submit your passport. It can be weeks or months.
2. See Guidance - Tier 1 (General) Dependent application.

Hi again,
I got tier 1 general visa, i want to apply dependant visa for my wife & two childs who are out of uk at the moment. I am self employee.
what documents i have to submit with application.
Please advise. Many thanks for your help.

innocentdevil · Post by **innocentdevil** » Mon Jun 06, 2011 2:51 pm

congrats for the visa.

click on this link to find out about dependent application

http://www.immigrationboards.com/viewtopic.php?t=62853

DAR1 · Post by **DAR1** » Thu Jun 09, 2011 11:44 am

innocentdevil wrote:congrats for the visa.

click on this link to find out about dependent application

http://www.immigrationboards.com/viewtopic.php?t=62853

Dear All,

I want to say thanks to all forum members who gave me guidance.
Your direction and advice have been extremely beneficial to me. You have helped me step by step.
This forum is very very helpful & with full information\guidance & support.
Thanks again, for all of your guidance & support. I am truly grateful for your support.
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Dependant visa requirment-- PLS ADVICE

Dependant visa requirment-- PLS ADVICE

Appeal process time

Dependant visa requirement