Mailing appeal documents need urgent help !!

[vetri81082]

I have decided to appeal and the same time considering to reapply based on the proceedings of appeal process in particular in the ECM review. I did even took a second opinion from lawyer though i am not using her as a representative. The lawyer stated that we have a strong grounds to win the appeal as most of the vital financial documents and language documents submitted were omitted and not processed as per immigration rules and procedure. It is a breach of their own rules itself. my wife who will be representing me in the appeal. Can anyone through some-lights on appeal process in bullet points. I have read through the immigration rules but i am looking for a step by step simplified process from some one who have already appealed awaiting for decision or won appeal. Your experience and guidance would be of a great help ! to me. Thanks for coming forward to help !! God bless you!!

[metanoia]

I'm not an expert on the subject but only stating what i have learnt because of going through same process and struggle after refusal of a spouse visa outside UK. This is only my understanding and other members and moderators may not agree with me :

1. Visa Refusal with IHS refund (this can take 6 weeks or more, ours still not refunded)
2. Appeal right given and has to be submitted in 28 days of receiving the refusal.
Process looks simple and probably is but better to use a solicitor and submit for an oral
hearing (this is useful because you've to submit ground of appeals with similar case
references from tribunal which you only can do if you've better grasp of law or can
spare enough time to research)
3. This is not written anywhere officially and i'm only suggesting based on what i have read on hundreds of refusals so don't ask for an official source. We did think of doing it initially but later on deciding against it and only submitted appeal If you believe ECO made a mistake and overlooked your evidence you should try to complain to UKVI with all the evidence you submitted (related to your visa refusal) earlier and request them to rectify the mistake (Try to get your MP involved).
4. After appeal submission tribunal take money from your account which can take upto
weeks.
5. Tribunal send notice of pending appeal in 6 or more weeks (if you dont get it in 6
weeks, start chasing them)
6. Tribunal gives 15 weeks to HO for ECM review (HO not always stick to given timeline
and tribunal dont chase them for a review, its your prerogative as an appellant if
you chase them (again your MP can help, our's sent an email on 23rd February and
HO answered on 16th March but by that time our refusal was already withdrawn but
we did get an apology though for overlooking our evidence due to technical reason ECO wasn't able to see our relationship evidence at the time of decision)
7. If decision is withdrawn or overturned HO notify tribunal for this and tribunal send
a letter notifying you of appeal withdrawal unless you argue with reasoning within
28 days (we received our letter on 7th March)
8. If decision is overturned you are requested to submit passport and pay IHS. If
decision withdrawn they reconsider your application and if decide to issue visa they
request to submit passport with IHS payment reference.
9. If ECW review fails or deadline has passed Tribunal list your case of hearing which
can take months (I believe you're not planning to wait if ECM review fails and will
reapply. As we were planning to do)

This whole process takes months to over a year. Our appeal was submitted 1st November and refusal was withdrawn 1st March and now awaiting further update.

If you choose to reapply, i believe you should wait until your wife have 6 months of payslips (as CR001 suggested initially) as this will make financial part less complicated.You have better understanding of your evidence and judge better what you'll choose to do.

You can send any additional evidence which was not submitted with application up-to the date of decision but nothing after that for financial and English Language. So if you're deciding to take IELTS Life Skills A1 it can be submitted when you reapply and not with Appeal grounds.

Good luck.

[vetri81082]

Thank you so much !! for taking time and effort to send this post metanoia. Well i am a libran and my personality is fight for justice. Thats what i am doing now while a lot of people suggest me to go for reapply i am not leaving this xxxxxxxx just like that.

[vetri81082]

I'm not an expert on the subject but only stating what i have learnt because of going through same process and struggle after refusal of a spouse visa outside UK. This is only my understanding and other members and moderators may not agree with me :

1. Visa Refusal with IHS refund (this can take 6 weeks or more, ours still not refunded)
2. Appeal right given and has to be submitted in 28 days of receiving the refusal.
Process looks simple and probably is but better to use a solicitor and submit for an oral
hearing (this is useful because you've to submit ground of appeals with similar case
references from tribunal which you only can do if you've better grasp of law or can
spare enough time to research)

i submitted my appeal today. I have involved solicitor and MP as well. Awaiting response from them through home office. Also i have mailed HO raise a complaint. Our case is straightforward they just failed to consider/ignored all financial and language evidence we submitted.

3. This is not written anywhere officially and i'm only suggesting based on what i have read on hundreds of refusals so don't ask for an official source. We did think of doing it initially but later on deciding against it and only submitted appeal If you believe ECO made a mistake and overlooked your evidence you should try to complain to UKVI with all the evidence you submitted (related to your visa refusal) earlier and request them to rectify the mistake (Try to get your MP involved).

Have made a complain and as well as involved MP as well.

4. After appeal submission tribunal take money from your account which can take upto
weeks.
5. Tribunal send notice of pending appeal in 6 or more weeks (if you dont get it in 6
weeks, start chasing them)
6. Tribunal gives 15 weeks to HO for ECM review (HO not always stick to given timeline
and tribunal dont chase them for a review, its your prerogative as an appellant if
you chase them (again your MP can help, our's sent an email on 23rd February and
HO answered on 16th March but by that time our refusal was already withdrawn but
we did get an apology though for overlooking our evidence due to technical reason ECO wasn't able to see our relationship evidence at the time of decision)
7. If decision is withdrawn or overturned HO notify tribunal for this and tribunal send
a letter notifying you of appeal withdrawal unless you argue with reasoning within
28 days (we received our letter on 7th March)
8. If decision is overturned you are requested to submit passport and pay IHS. If
decision withdrawn they reconsider your application and if decide to issue visa they
request to submit passport with IHS payment reference.
9. If ECW review fails or deadline has passed Tribunal list your case of hearing which
can take months (I believe you're not planning to wait if ECM review fails and will
reapply. As we were planning to do)

This whole process takes months to over a year. Our appeal was submitted 1st November and refusal was withdrawn 1st March and now awaiting further update.

If you choose to reapply, i believe you should wait until your wife have 6 months of payslips (as CR001 suggested initially) as this will make financial part less complicated.You have better understanding of your evidence and judge better what you'll choose to do.

You can send any additional evidence which was not submitted with application up-to the date of decision but nothing after that for financial and English Language. So if you're deciding to take IELTS Life Skills A1 it can be submitted when you reapply and not with Appeal grounds.

Good luck.

[vetri81082]

i am planning to email appeal documents. The problem i have is the file size is huge.
1) Can i split the files and send email ? or should it be sent as one email with all attachments?
2) Is there a format in which the email should be sent ?

Thanks for help !!

[vetri81082]

can somebody help !! thanks

[vetri81082]

Its little urgent !! seeking help !!

[vetri81082]

I have won the battle even without appeal though I filed for appeal. I didn't give up fought for justice as I was 100% sure and perfect about my documentation. I made home office accept their mistakes...it wasnt a easy one though.

Bombardment of complaint mails from our side. Challenging their decisions. We even involved MP. The response to MP was standard one and home office were still in denial about their mistakes. We also went on appeal. The thing worked here is our complaint mail with clear questions to them seeking answers. At one point I even mailed to sajid javid.


On 30th May I received the below mail....


Dear xxxxxx

Regarding Visa Application: GWFxxxxxxx
For: VETRxxxxxxx xxx

The decision to refuse your visa application has been overturned and our office is now ready to issue you a UK Visa. To complete this process we require you to undertake the following steps:

1. Please submit your passport to the Visa Application Centre (VAC) where you made your original visa application .

2. Please also submit a copy of this e-mail so that the Visa Application Centre will accept your passport.

3. If you require a TB certificate for travel, please ensure you have this with your carry-on luggage, in order for you to present to the Immigration authorities on arrival.

You will then be contacted when your passport and UK visa is ready to collect.

Kind regards,

UK Decision Making Centre

[vetri81082]

any idea as how long would it take to get the passport normally in this case ? i submitted it on 31st of may. thanks