Spouse visa appeal

[H4592]

Hi everyone just for some background, my wife is a Canadian citizen. Her settlement application was refused in August 2019 on the basis of the financial criteria as there were some missing documents, even when they actually were in the original application pack. Fast forward, I have submitted for a paper appeal through a solicitor with all the relevant evidence as well as written to my local Mp who has contacted the home office about this as well.
Acknowledgment of appeal was received on the 5th November with the letter stating that the process can take up to 15 weeks.
My question is from people’s experiences, how long realistically would this take as I know paper appeals tend to get processed quicker then oral appeals.
As my wife is a Canadian citizen, she is visa exempt, would it cause problems if she were to visit whilst an appeal is pending?

[Bsumschulen]

In my case. It took about six month to get withdrawal letter after the appeal decision. Mostly if its the case to be overturned it seems to take place (just right) before the hearing date. I visited the UK last summer for two month waiting for this appeal to be sorted out (I dont need a visa either for just a visit) it was ok in the end but...I had to wait for immigration officer on the desk to make some documents and was asked by them so many times if im planning to work or study here...which was not a joyful experience.

[H4592]

In my case. It took about six month to get withdrawal letter after the appeal decision. Mostly if its the case to be overturned it seems to take place (just right) before the hearing date. I visited the UK last summer for two month waiting for this appeal to be sorted out (I dont need a visa either for just a visit) it was ok in the end but...I had to wait for immigration officer on the desk to make some documents and was asked by them so many times if im planning to work or study here...which was not a joyful experience.

did you opt for an oral appeal hearing or a paper appeal? I am hearing a lot of conflicting opinions about whether a visa exempt national can visit with an appeal pending. I have solicitors saying that if my wife were to visit, her entrance into the UK will be dependent upon the ECO at the airport. It would be a genuine visit as she will have a return ticket to fly back. From your experience, when you arrived in the UK at the airport, immigration seemed to have asked alot of questions? i am just worried that due to a pending appeal for settlement, they may not let her enter which may impact her appeal.

[Bsumschulen]

We opt for a oral hearing and HO started actively chasing me to submit more supporting documents since October and they overturned the initial decision in November. I found it was a risky trip only afterwards. I was confident as i have been to UK so many times my (then) boyfriend and now his family without an issue and..I still have a right to travel though appeal is pending. Ppl here dont recommend it but I didn't find any reason to be worried.

Officer asked me some questions and guided me to wait for him to do some paper work for my entry sitting in a glass booth (?) Around the immigration control queue in the airport. The officer asked some questions but was polite enough and told me to ask HO to remove this refusal record once I get visa for future convenience.

[Bsumschulen]

We opt for a oral hearing and HO started actively chasing me to submit more supporting documents since October and they overturned the initial decision in November. I found it was a risky trip only afterwards. I was confident as i have been to UK so many times my (then) boyfriend and now his family without an issue and..I still have a right to travel though appeal is pending. Ppl here dont recommend it but I didn't find any reason to be worried.

Officer asked me some questions and guided me to wait for him to do some paper work for my entry sitting in a glass booth (?) Around the immigration control queue in the airport. The officer asked some questions but was polite enough and told me to ask HO to remove this refusal record once I get visa for future convenience.

Ah I even had no return ticket. Looking back i was so naive.

[THO]

H4592

Your case seems very straight forward and if it is like mine or the others on here, it should not take 15 weeks to sort out. We got our refusal overturn decision within 10 weeks, from start to finish of the process (so from when the appeal was first lodged) and the travel vignette in the passport came back in 10 days. One case on here it took just 9 working days for the overturn decision.

I would ask a lawyer your question about whether it will harm her case if she comes to the UK. It would certainly not help if she got turned away at the UK airport, because the officer might not believe she will be going home. I would wait for the decision to come back, your case is a slam dunk cert, so you should not be apart for that much longer.

[H4592]

We opt for a oral hearing and HO started actively chasing me to submit more supporting documents since October and they overturned the initial decision in November. I found it was a risky trip only afterwards. I was confident as i have been to UK so many times my (then) boyfriend and now his family without an issue and..I still have a right to travel though appeal is pending. Ppl here dont recommend it but I didn't find any reason to be worried.

Officer asked me some questions and guided me to wait for him to do some paper work for my entry sitting in a glass booth (?) Around the immigration control queue in the airport. The officer asked some questions but was polite enough and told me to ask HO to remove this refusal record once I get visa for future convenience.

Wow quite surprised you managed to get in even with just a one way ticket. I think at the end of the day it's just at the discretion of the immigration officer, although it can go both ways.

[H4592]

H4592

Your case seems very straight forward and if it is like mine or the others on here, it should not take 15 weeks to sort out. We got our refusal overturn decision within 10 weeks, from start to finish of the process (so from when the appeal was first lodged) and the travel vignette in the passport came back in 10 days. One case on here it took just 9 working days for the overturn decision.

I would ask a lawyer your question about whether it will harm her case if she comes to the UK. It would certainly not help if she got turned away at the UK airport, because the officer might not believe she will be going home. I would wait for the decision to come back, your case is a slam dunk cert, so you should not be apart for that much longer.

Many thanks for your reply THO, its good to know that other people have gone through a similar experience. Did you receive an email or a letter for your appeal decision? After contacting my MP, HO have informed that my wife's appeal is in an "appeal queue" in Sheffield waiting to get looked at. In terms of expediting the decision, they have certain requirements in place and that our case didn't meet them.
From what I have read on this forum and from other people. the appeal is reviewed by an ECO team where if straight forward, avoids the need for the appeal to be submitted to the first tier tribunal court to be looked at by a judge.

I have asked my solicitor this very question in terms of travelling. His response was very guarded, as discretion is with the immigration officer at the airport, yet at the same time on the basis of a visit for a period of 2 weeks with a valid return ticket, id assume there wouldn't be an issue. I would agree that maybe it would be better to wait for a decision

[THO]

Quote "From what I have read on this forum and from other people. the appeal is reviewed by an ECO team where if straight forward, avoids the need for the appeal to be submitted to the first tier tribunal court to be looked at by a judge". This is exactly what I have said on here a few times to a few people.

I also had my MP write, but they really can't do much. I don't know if it it got my case looked at more quickly or not, but it did not hurt.

Lawyers rarely stick their necks out and say they are certain, no one does because they don't want to be accountable. But I think that since you have had recognition on 5th Nov, of your appeal and an appeal number, that you will hear by 17th Dec or sooner. I doubt she will be here for Xmas, but consider if you book a ticket now, a couple of weeks later she arrives here and then you get the overturn decision a few days later (it could happen anytime), she will need to go back super quick, so she can send her passport away for the vignette to travel. Is it worth the expense and time for a few days?

Having a return ticket is not a reason the ECO will grant entry into the UK at all. Often what would seem obvious to the rest of us, is not the case regarding visas and so I would just wait if I was in your shoes.

[TODMATT]

Paper appeal are generally quicker than oral. Generally when FTT has received your appeal, they will forward it to the HO for review and it is usually reviewed by another senior ECO or ECM if however the decision is overturned then no need to attend the court otherwise if decision is upheld then you will be sent a date for hearing with the FTT. I do hope your appeal will be overturned without needing to attend the tribunal as it's such a long process from my experience and as long as you have addressed all the refusal points in your grounds of appeal then let's hope your refusal will be overturned.

[moses2019]

Visa granted

[moses2019]

So after 6months got my visa approved. This passport has been with them since on the 12 nov 2019 I was not called either emailed to just decided to go there and check why it been awhile and the it goes the envelope laying there . Got just some few days to check out. Thanks to everyone.

[AmazonianX]

Visa granted

Congratulations to you and yours.

[H4592]

Quote "From what I have read on this forum and from other people. the appeal is reviewed by an ECO team where if straight forward, avoids the need for the appeal to be submitted to the first tier tribunal court to be looked at by a judge". This is exactly what I have said on here a few times to a few people.

I also had my MP write, but they really can't do much. I don't know if it it got my case looked at more quickly or not, but it did not hurt.

Lawyers rarely stick their necks out and say they are certain, no one does because they don't want to be accountable. But I think that since you have had recognition on 5th Nov, of your appeal and an appeal number, that you will hear by 17th Dec or sooner. I doubt she will be here for Xmas, but consider if you book a ticket now, a couple of weeks later she arrives here and then you get the overturn decision a few days later (it could happen anytime), she will need to go back super quick, so she can send her passport away for the vignette to travel. Is it worth the expense and time for a few days?

Having a return ticket is not a reason the ECO will grant entry into the UK at all. Often what would seem obvious to the rest of us, is not the case regarding visas and so I would just wait if I was in your shoes.

Thankyou THO. So I recieved an official letter from my MP a couple days ago once they contacted the specific Mp lead account manager for the home office. They stated that 28 working days from receipt of notice of appeal (5th November) they will review and consider the appeal. The deadline for that lies next Friday on the 13th December. If I don’t hear anything by then would you reckon it be worth giving the tribunal a call for an update ?

[H4592]

Paper appeal are generally quicker than oral. Generally when FTT has received your appeal, they will forward it to the HO for review and it is usually reviewed by another senior ECO or ECM if however the decision is overturned then no need to attend the court otherwise if decision is upheld then you will be sent a date for hearing with the FTT. I do hope your appeal will be overturned without needing to attend the tribunal as it's such a long process from my experience and as long as you have addressed all the refusal points in your grounds of appeal then let's hope your refusal will be overturned.

Many thanks for your reply TODMATT. i am praying that this gets sorted without the need to go to tribunal. Reading posts on this forum, from what I have seen, the new eco team have been quite efficient at dealing with paper cases within a reasonable time frame compared to an oral appeal . It ofcourse does make being away from your partner that much difficult whilst this is being processed.

[H4592]

Just to let you guys know, we received an Email from ICQAT stating that they have withdrawn the appeal due to fresh evidence provided which meets the financial requirements. This was a paper appeal we had undertaken. we received this close to last week of the 15 week review period. Just for anyone that is thinking of going towards the appeal route, if you have the chance to appeal, providing new or fresh evidence is allowed. I have read a lot of posts on here from users saying that you cannot provide new evidence and that you should reapply again. It’s always best to get proper legal advice in these situations. What is generally the timeline to receive the visa ? I understand that an email requesting to pay the IHS charge then another to submit the passport ?

[bijay2019]

Just to let you guys know, we received an Email from ICQAT stating that they have withdrawn the appeal due to fresh evidence provided which meets the financial requirements. This was a paper appeal we had undertaken. we received this close to last week of the 15 week review period. Just for anyone that is thinking of going towards the appeal route, if you have the chance to appeal, providing new or fresh evidence is allowed. I have read a lot of posts on here from users saying that you cannot provide new evidence and that you should reapply again. It’s always best to get proper legal advice in these situations. What is generally the timeline to receive the visa ? I understand that an email requesting to pay the IHS charge then another to submit the passport ?

Congratulation!

Thank you for your update and advice on spouse visa appeal.

In my case, My wife visa was refused last week because my employer didn't pay tax to HMRC, which has been sorted now. So I am planning to do an appeal next week. If you could please let me know how much was the cost for the solicitor?

Many thanks

[THO]

My solicitor was £700, plus £65 for printing and other stuff.

[N_a]

Just to let you guys know, we received an Email from ICQAT stating that they have withdrawn the appeal due to fresh evidence provided which meets the financial requirements. This was a paper appeal we had undertaken. we received this close to last week of the 15 week review period. Just for anyone that is thinking of going towards the appeal route, if you have the chance to appeal, providing new or fresh evidence is allowed. I have read a lot of posts on here from users saying that you cannot provide new evidence and that you should reapply again. It’s always best to get proper legal advice in these situations. What is generally the timeline to receive the visa ? I understand that an email requesting to pay the IHS charge then another to submit the passport ?

Hi, can i ask the date of when your 15 weeks were to end? and what date you received your appeal letter? And how did they contact you? Iv only got 3 weeks till 15 weeks are over

[H4592]

Just to let you guys know, we received an Email from ICQAT stating that they have withdrawn the appeal due to fresh evidence provided which meets the financial requirements. This was a paper appeal we had undertaken. we received this close to last week of the 15 week review period. Just for anyone that is thinking of going towards the appeal route, if you have the chance to appeal, providing new or fresh evidence is allowed. I have read a lot of posts on here from users saying that you cannot provide new evidence and that you should reapply again. It’s always best to get proper legal advice in these situations. What is generally the timeline to receive the visa ? I understand that an email requesting to pay the IHS charge then another to submit the passport ?

Congratulation!

Thank you for your update and advice on spouse visa appeal.

In my case, My wife visa was refused last week because my employer didn't pay tax to HMRC, which has been sorted now. So I am planning to do an appeal next week. If you could please let me know how much was the cost for the solicitor?

Many thanks

I used a barrister, and his fees were about £900 to Do the whole paper appeal preparation. as long as you have your evidence and an explanation clearly laid out, you should haven’t a problem. I wish you luck in your appeal!

[H4592]

Just to let you guys know, we received an Email from ICQAT stating that they have withdrawn the appeal due to fresh evidence provided which meets the financial requirements. This was a paper appeal we had undertaken. we received this close to last week of the 15 week review period. Just for anyone that is thinking of going towards the appeal route, if you have the chance to appeal, providing new or fresh evidence is allowed. I have read a lot of posts on here from users saying that you cannot provide new evidence and that you should reapply again. It’s always best to get proper legal advice in these situations. What is generally the timeline to receive the visa ? I understand that an email requesting to pay the IHS charge then another to submit the passport ?

Hi, can i ask the date of when your 15 weeks were to end? and what date you received your appeal letter? And how did they contact you? Iv only got 3 weeks till 15 weeks are over

The date for the 15 weeks to end was the 18th of February. My wife had received a email from ICQAT on the 13th indicating the appeal as withdrawn. Yesterday we also received an official confirmation letter from the home office indicating this. It might be worth contacting your MP, as they have a direct line to the home office, they can give you much more Information about your application.

[N_a]

Oh okay, my 15 weeks end next week on 28th feb inshallah so just going to wait and hope they get back. Have they emailed to submit passport?