Post
by RiFF » Thu Nov 13, 2008 8:22 am
Its a long process and the information is available on many websites, but I shall try to put it in a concise form for you as I have a personal experience of appeal as well(which, by the grace of God, I have won).
1. You are better off applying directly from the UK to the AIT, for example, if your husband is there, he should have faxed the papers to the AIT from there rather than from here, as it is going to take at least 2 weeks or may be more for the application to reach the AIT from Pakistan.
2. The AIT is very busy and it will be a further 2-4 weeks till they get your application into their computer system and yes, they will send your husband a written letter acknowledging the application as well as issue you with
a. A Reference Number
b. An FCO number
3. The documents of your appeal will be sent to the EC?O who originally declined your application, for review. If he thinks you should be issued with a visa in light of the new evidence folder, he will inform the AIT and call you. This process usually takes a further 4-6 weeks.
4. In the case, the ECO is still not satisfied, he will send his supporting evidence back to the AIT.
5. The AIT will then arrange for a hearing in the Court of Appeal, which again takes a further 4 weeks as they have a huge backlog.
6. Your representative will have to attend the court hearing on your behalf, and i seriously advise you that he is accompanied by a solicitor as it greatly increases chances of success.
7. The court will either allow or reject the appeal. In the case, God forbid, that the court rejects the appeal, the best way is to reapply, with proper planning.
8. In the case that the court allows the appeal, the court will send documents to the applicable POU of the UK Border Agency, where a Specialist Appeals Team (SAT) will confirm if your appeal allowance merits a visa. They will then inform the BHC in Pakistan.
9. The BHC will then call you for a visa stamp, which can take anywhere from 8-20 weeks depending on the back log.
You are right. You need not send the passport anywhere. Now your passport is stuck for the better part of 6 months or more. If it is any help, here are the time lines for my appeal case:
Appeal papers faxed to the AIT - 17th April, 2008
Letter received from the AIT - 22nd May, 2008
Papers received by the ECO for review - 2nd June, 2008
ECO sends papers back for court hearing - 28th June, 2008
AIT letter received for a court hearing date - 19th July, 2008
Court hearing - 26th September, 2008
Decision received via court letter for appeal allowed - 30th September, 2008
SAT decision for no objection - 13th October, 2008
BHC changes status of application to appeal successful - no objection - 24th October, 2008
Waiting still for the visa to be stamped - 13th November, 2008
Although i have gone through the entire appeal process successfully, it is my belief that one is always better off by reapplying instead of appealing. But, since you have already lodged the appeal, i suggest you do not withdraw the appeal and reapply, but to go through the entire appeal process as above. Good Luck and keep us posted.
If there is anything you need to ask, please do.
Skeptic