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Appealing just to buy some time, is it a bad idea?

General UK immigration & work permits; don't post job search or family related topics!

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ataman
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Joined: Sat Jan 12, 2013 1:06 pm

Appealing just to buy some time, is it a bad idea?

Post by ataman » Sat Mar 16, 2013 2:15 pm

Hello everyone,

I got refusal for my switch from Tier 4 to Tier 2. My dependant also got refusal. We didnt know the fact that she cannot switch from tier 4 to tier 2 dependant form UK.

I will appeal. She also has a right to appeal. In my case my solicitor told me i have a small chance to win the appeal. But my dependant does not have any chance.

But I want her to appeal as well just to stay with me until our appeals are resulted.

My question is, does it have any affect for her to appeal for something that is so obvious to get an unsuccessful appeal? Or is it her right to appeal even though we know she will be refused?

Other thing is, does paper appeals' process time is same as oral hearing?

Thanks!

Obie
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Location: UK/Ireland
Ireland

Post by Obie » Sat Mar 16, 2013 2:56 pm

Why do you want to delay it.? Are you close to reaching ten years lawful residence requirement?
Smooth seas do not make skilful sailors

ataman
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Posts: 25
Joined: Sat Jan 12, 2013 1:06 pm

Post by ataman » Sat Mar 16, 2013 3:20 pm

I want to try my appeal because i think i have a chance and i want to keep my girlfriend with me in UK in this process. Thats why I want her to appeal as well. To have a right to stay in UK.

her appeal will be unsuccessful, she will then go to our own country. if mine will be successful she will apply as my dependant over there. if mine will unsuccessful as well, we both going to leave uk.

peppekalle
Senior Member
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Joined: Thu Jul 14, 2011 1:38 pm

Post by peppekalle » Sat Mar 16, 2013 3:36 pm

You haven't got much time left appeal.http://www.immigrationboards.com/viewto ... ht=#802942

It will take some time to to get legal representation and to prepare your bundle.

I recommend please don't try and represent yourself in court and please decide quickly your next step of action.

ataman
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Posts: 25
Joined: Sat Jan 12, 2013 1:06 pm

Post by ataman » Sun Mar 17, 2013 1:46 pm

I talked to a solicitor, i am going to lodge the appeal on Tuesday and send it with next day delivery (10th business day is wednesday).

he told me, my dependant can also make an appeal just to stay here with me. But i also wanted to get an opinion from this forum.

shahmir
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Joined: Mon Aug 01, 2011 9:19 am
Location: North West

Post by shahmir » Sun Mar 17, 2013 11:10 pm

If they gave her right of appeal then there is no harm at all.
lets get together for migrants' rights

ataman
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Posts: 25
Joined: Sat Jan 12, 2013 1:06 pm

Post by ataman » Mon Mar 18, 2013 7:27 pm

shahmir wrote:If they gave her right of appeal then there is no harm at all.
Thank you for your answer Shahmir.

I will apply to the appeal with a solicitor but my girlfriends does not have any chance to win so we want to fill her form by ourself (not to give another amount of money to the solicitor).

Is it possible to fill the form by ourselves without any representative? We will thinking of writing that she is willingly to be able to apply within the UK because we have established a new life in here for 1,5 years..

Is it likely to get an early refusal to the appeal, just because it is obviously an unsuccessful appeal?

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