EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

[teetee4Z]

Hello People, first I must say that this forum is great. It has educated me. I have an oral hearing soon but my husband won't be available as he has gone back to Portugal for a couple of weeks to take care of his sick mum. Can I go alone or with my lawyer? I mean for the oral hearing without my sponsor(husband)

Hi, it all depends on your case, you need to give more details about your case , like why you were refused and the circumstances surrounding the case, that way we can best advice you. NB: when did u lodge ur appeal and wen is your hearing date?

[Lulu120]

I was refused for reasons such as the marriage certificate they thought was fake as it was proxy type. They said there was no evidence of us meeting before the wedding and we hadn't travelled to each other's home countries either. Hearing date is mid December. Thanks

[teetee4Z]

I was refused for reasons such as the marriage certificate they thought was bad quality as it was proxy type. They said there was no evidence of us meeting before the wedding and we hadn't travelled to each other's home countries either. Hearing date is mid December. Thanks

from ur case which you just relayed, I strongly advice you to go with your spouse, but if is absolutely impossible for him to attend then get strong and water tight proof of your relationship and go with a very good barrister. All the best. Actually wanted to know how long was it between the time you appealed and your hearing date?

[Lulu120]

5months exactly. Appeal in August, hearing in December. Pls what other strong proof is needed? Pls give me ideas.

[Obie]

Perhaps you should seek an adjournment. At the heart of your appeal, is the genuiness of your relationship. If your spouse is not there, how exactly do you wish to convince the judge that your relationship is genuine. You could get a medical certificate showing your spouse mother is ill, and seek an adjounment. If the judge refused, that will be another thing.

I think the prospect of success if very slim if he does not attend.

[teetee4Z]

5months exactly. Appeal in August, hearing in December. Pls what other strong proof is needed? Pls give me ideas.

i agree with obie, either you seek an adjournment or your hubby should try and come back for 2 or 3 days so that things could go smoothly.

[wb00]

Hey guys!
I hope you can help me on this one, as I am trying to figure it out.
I have appealled my visa refusal (refused due to insufficient proof of self-employment of my wife) and received a document from court saying that "The tribunal has decided that this appeal will proceed to a hearing", even though applying for paper appeal. Does it mean that by stating "hearing" it is going to be an actual hearing (oral) or that the decision will be based on the documents provided? In case "hearing" is just an expression for my appeal being allowed to proceed, do I and my wife have to be present at the day of the hearing?

[Davmck70]

Hey guys!
I hope you can help me on this one, as I am trying to figure it out.
I have appealed my visa refusal (refused due to insufficient proof of self-employment of my wife) and received a document from court saying that "The tribunal has decided that this appeal will proceed to a hearing", even though applying for paper appeal. Does it mean that by stating "hearing" it is going to be an actual hearing (oral) or that the decision will be based on the documents provided? In case "hearing" is just an expression for my appeal being allowed to proceed, do I and my wife have to be present at the day of the hearing?

I believe if you give more information with regards to this, we can help. I would think it is a paper hearing unless stated otherwise

[wb00]

Hey guys!
I hope you can help me on this one, as I am trying to figure it out.
I have appealed my visa refusal (refused due to insufficient proof of self-employment of my wife) and received a document from court saying that "The tribunal has decided that this appeal will proceed to a hearing", even though applying for paper appeal. Does it mean that by stating "hearing" it is going to be an actual hearing (oral) or that the decision will be based on the documents provided? In case "hearing" is just an expression for my appeal being allowed to proceed, do I and my wife have to be present at the day of the hearing?

I believe if you give more information with regards to this, we can help. I would think it is a paper hearing unless stated otherwise

Alright. I received a letter with three documents enclosed. The first one is "the immigration act", stating the deadline I have for sending the court any further documents. The second one is called "notes for appellants", saying that my appeal is in process, that metals or sharp items are not allowed in court, etc, and the third one is a questionnaire.
I am appealing the refusal of an EEA2 visa refusal.

[Davmck70]

Hey guys!
I hope you can help me on this one, as I am trying to figure it out.
I have appealed my visa refusal (refused due to insufficient proof of self-employment of my wife) and received a document from court saying that "The tribunal has decided that this appeal will proceed to a hearing", even though applying for paper appeal. Does it mean that by stating "hearing" it is going to be an actual hearing (oral) or that the decision will be based on the documents provided? In case "hearing" is just an expression for my appeal being allowed to proceed, do I and my wife have to be present at the day of the hearing?

I believe if you give more information with regards to this, we can help. I would think it is a paper hearing unless stated otherwise

Alright. I received a letter with three documents enclosed. The first one is "the immigration act", stating the deadline I have for sending the court any further documents. The second one is called "notes for appellants", saying that my appeal is in process, that metals or sharp items are not allowed in court, etc, and the third one is a questionnaire.
I am appealing the refusal of an EEA2 visa refusal.

This is an oral hearing "sharp metals are not allowed in court". You need to be there physically with your spouse if you wish but NOTE it is not compulsory and case can be decided if jury decides to proceed in your absence but may be difficult to appeal against their decision if not favourable. All the best

[wb00]

Hey guys!
I hope you can help me on this one, as I am trying to figure it out.
I have appealed my visa refusal (refused due to insufficient proof of self-employment of my wife) and received a document from court saying that "The tribunal has decided that this appeal will proceed to a hearing", even though applying for paper appeal. Does it mean that by stating "hearing" it is going to be an actual hearing (oral) or that the decision will be based on the documents provided? In case "hearing" is just an expression for my appeal being allowed to proceed, do I and my wife have to be present at the day of the hearing?

I believe if you give more information with regards to this, we can help. I would think it is a paper hearing unless stated otherwise

Alright. I received a letter with three documents enclosed. The first one is "the immigration act", stating the deadline I have for sending the court any further documents. The second one is called "notes for appellants", saying that my appeal is in process, that metals or sharp items are not allowed in court, etc, and the third one is a questionnaire.
I am appealing the refusal of an EEA2 visa refusal.

This is an oral hearing "sharp metals are not allowed in court". You need to be there physically with your spouse if you wish but NOTE it is not compulsory and case can be decided if jury decides to proceed in your absence but may be difficult to appeal against their decision if not favourable. All the best

Is it common to have oral hearing even if I filed a paper appeal?

[anisatam]

Dear All,
Just wanted to updated everybody that I have now recieved my RC endorsed on my passport. Its been exatcly one years since I first applied for the visa in Nov 2012. That took really long

I wait 4 weeks after my oral hearing date and tried to contact the UKBA and got a response that my application was approved on the 7th of Nov and I received the RC on the 12th of Nov 2013.

So hope that helps people get a sense of the time it takes. I am sure some people have waited more than that after oral hearings allowed. .

best of luck to everyone waiting and hope your RC's come soon
Regards
Ani

[OlaDPounds]

Hi it is not common as I think it depends on cases and if the court finds it won't be alright to decide your case on paper then they will order for an oral hearing but you won't be charged more than the 80quid. Same thing happened to me as I filed in a paper hearing but the court changed it to oral and my solicitor queried the court for reason but the allocated judge replied such case need to be heard orally which I did and all Glory be to God my case was allowed after 4days to hearing.

[OlaDPounds]

@Ani congratulations we are also counting down to 4weeks by God's grace we will receive ours and share the news as well.

[Davmck70]

Dear All,
Just wanted to updated everybody that I have now recieved my RC endorsed on my passport. Its been exatcly one years since I first applied for the visa in Nov 2012. That took really long

I wait 4 weeks after my oral hearing date and tried to contact the UKBA and got a response that my application was approved on the 7th of Nov and I received the RC on the 12th of Nov 2013.

So hope that helps people get a sense of the time it takes. I am sure some people have waited more than that after oral hearings allowed. .

best of luck to everyone waiting and hope your RC's come soon
Regards
Ani

Congratulations!!!

[OlaDPounds]

@Ani can you tell us when you got refused was your passport kept by the HO or returned to you with the refusal letter?

When you contacted te Ho after 4weeks was it by phone, email or post and if phone which department did you ring what's the phone number? Thanks

[samixade]

Hello guys, I am trying to find out roughly how long it takes for HO to send RC after appeal is allowed, its exactly 8 weeks since my appeal was allowed and i contacted HO about 4 weeks ago and was told that it was in motion, should I be expecting it any time soon and how soon. Do I need to chase them again or just wait. Many thanks

[JeanC]

Please, please, please, I need urgently name/phone/email of a good successful Solicitor who dealt with the EEA2 application refusal.
Thank you
PS I heard that one can apply afresh, after a refusal of a EEA2, is that true? applying again? the same one? I have now better grounds/proofs for exercising rights.

Could you please post the wording of your refusal? From the sound of it you were refused as you didn't meet the requirements to be considered exercising treaty rights. If you now meet the requirements, you can send in a new application. If you are self sufficient, both of you need private health insurance (or non UK EHIC).

Hi Jambo,
thank you very much for your kind reply.
You are spot on. The main point they mention is that I (as the EU member) am not showing enough proof of "exercising treaty rights". We have the right to appeal, or to apply afresh. Now, I think I can show that I am "exercising treaty rights": renting a flat (tenancy agreement, survey of the house, council tax) and a comprehensive health insurance (for both) since I am self sufficient.

What is new to me is that we can apply afresh. It is true that they say that we can appeal (the sent even the paper work for it) and they add that we can apply (it doesn't say: afresh). But many persons say it is "afresh".

My questions are: In the case we apply afresh, I guess (while applying) my wife can't leave the UK, otherwise she won't be able to come back?! Is that correct?
Applying afresh means that we have another 6 months maximum procedure?
Can she continue to work?
Thank you very much for your kind help.

[Davmck70]

Hello guys, I am trying to find out roughly how long it takes for HO to send RC after appeal is allowed, its exactly 8 weeks since my appeal was allowed and i contacted HO about 4 weeks ago and was told that it was in motion, should I be expecting it any time soon and how soon. Do I need to chase them again or just wait. Many thanks

I think it all depends on the caseworker. Some tend to work faster and harder than the others. I have heard of people receiving RC between 2-4 weeks after case was allowed. I would also be happy to hear from guys that have been through the same process.

[samixade]

please does anyone know the email address i could send an email to as regards my RC as I won my appeal about 9 weeks ago. I tried Rob.whiteman@homeoffice.gsi.gov.uk and Europeanoperational@homeoffice.gsi.gov.uk. The Rob whiteman came back undelivered and the european one said the mailbox deals with policy enquiries only. Please help is needed urgently. Thanks guys

[askmeplz82]

please does anyone know the email address i could send an email to as regards my RC as I won my appeal about 9 weeks ago. I tried Rob.whiteman@homeoffice.gsi.gov.uk and Europeanoperational@homeoffice.gsi.gov.uk. The Rob whiteman came back undelivered and the european one said the mailbox deals with policy enquiries only. Please help is needed urgently. Thanks guys

Rob doesn't work for UKBA anymore . he left in June 2013 . he is now CEO of Chartered Institute of Public Finance and Accountancy. https://www.gov.uk/government/news/rob- ... utive-role

[askmeplz82]

please does anyone know the email address i could send an email to as regards my RC as I won my appeal about 9 weeks ago. I tried Rob.whiteman@homeoffice.gsi.gov.uk and Europeanoperational@homeoffice.gsi.gov.uk. The Rob whiteman came back undelivered and the european one said the mailbox deals with policy enquiries only. Please help is needed urgently. Thanks guys

Rob doesn't work for UKBA anymore . he left in June 2013 . he is now CEO of Chartered Institute of Public Finance and Accountancy.

[chipmash]

Dear All,
Just wanted to updated everybody that I have now recieved my RC endorsed on my passport. Its been exatcly one years since I first applied for the visa in Nov 2012. That took really long

I wait 4 weeks after my oral hearing date and tried to contact the UKBA and got a response that my application was approved on the 7th of Nov and I received the RC on the 12th of Nov 2013.

So hope that helps people get a sense of the time it takes. I am sure some people have waited more than that after oral hearings allowed. .

best of luck to everyone waiting and hope your RC's come soon
Regards
Ani

Hi, how did you contact the Home office?

[OlaDPounds]

Dear Chipmash,

you can contact the HO on 015 1672 5626.

[chipmash]

Dear Chipmash,

you can contact the HO on 015 1672 5626.

@OlaDPounds

Thanks a lot.