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Spouse visa rejection scenario - Applying again VS Appealing

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jimmurray
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Joined: Sun Jun 19, 2011 2:18 am

Spouse visa rejection scenario - Applying again VS Appealing

Post by jimmurray » Wed Jan 18, 2012 10:38 pm

From what I can gather on this forum, a lot of people seem to prefer applying again after rejection, as there is no time limit. However I assume this leaves you open for making a mistake again and wasting even more money (if the reason was vague)

And correct me if I am wrong, appealing a decision doesn't involve paying another ton. And if you appeal it goes to the European Human Rights Court?

I ask because a friend of mine had a spouse visa rejected, and she said she basically took them to court. I'm not sure if she meant to say appealed..But if not, is it possible to take them to court? If they give no reason for example surely it is a breach of human rights.

batleykhan
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Location: West Yorkshire

Re: Spouse visa rejection scenario - Applying again VS Appea

Post by batleykhan » Thu Jan 19, 2012 8:09 am

jimmurray wrote:From what I can gather on this forum, a lot of people seem to prefer applying again after rejection, as there is no time limit. However I assume this leaves you open for making a mistake again and wasting even more money (if the reason was vague)

And correct me if I am wrong, appealing a decision doesn't involve paying another ton. And if you appeal it goes to the European Human Rights Court?

I ask because a friend of mine had a spouse visa rejected, and she said she basically took them to court. I'm not sure if she meant to say appealed..But if not, is it possible to take them to court? If they give no reason for example surely it is a breach of human rights.
Depending on what you were refused, will depend whether one appeals or reapplys.

I am of opinion that if you have made a genuine mistake in your application, and you can prove your point, then its best to appeal the decision even though it may take longer, because of you don't the authorities will be rubbing their hand in glee if everyone reapplies and pays the full fee again ( you can imagine the income coming in there for them !!).

If it is a case where you cant prove your point or meet the regulations like some people who have not taken the appropriate English test with the correct organisations and have been refused and will have to take it again, then I would recommend they reapply if that is what they have been refused on.

However if you look at this from a different aspect, you will now have to pay a fee to appeal, and if you appoint a solicitor to act on your behalf that will cost you between £500-1000, so in end it balances itself out.

Your best bet is to pray you don't get refused in the first place.If you put a good application together with all the necessary docs to show one meets regulations, then you don't have to worry about it

shaz111
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Joined: Wed Nov 02, 2011 9:05 pm

Post by shaz111 » Thu Jan 19, 2012 3:35 pm

we got refused because the english test centre my hubby did english test at is no longer on UKBA list, we could appeal and supply new certificate but it takes 3 months to get new certificate, also our solicitor wants £2000 to get everything together for appeal, and be at the hearing. So yeah for us its cheaper and prob faster to apply again, we were told its 19 weeks for UKBA to respond to appeal!

I think alot of people are in a similar position
Submitted application - Cairo 10th oct 2011
Refused - 12th jan 2012
resubmitted - 26th jun 2012
refused again - 14th oct 2012
appeal lodged - 28th oct 2012
date given - 3rd april 2013
court 15th july
UKBA withdrawn 12th july
still waiting for visa

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