Appeal approved - can I fly without the Visa stamp?

[inna]

My Tier 1 extension was rejected, but the appeal was approved at the end of June. It has now been over eight weeks since the court date, but I am yet to be asked by the Home Office for my passport to get the new Visa stamped in.

The Home Office general enquiries line tell me that they have no contact for the department that handles the appeals and they also said there is no way to know how long it would take for the stamp. All I need is the Visa stamp, as everything has been approved, yet I can't even find out if it will be one week or another eight weeks.

I have flights booked to visit Australia on September 3rd (a week away) and it is urgent that I visit Australia as my father is unwell.

I have been in contact with my solicitor, who represented me at court, and asked about the possibility of flying without the visa - but supposedly this is a 'grey area' of the law, so I may have my Tier 1 visa reneged on return and be deemed a 'visitor'.

Does any one know of a way I can fly without infringing on my Tier 1 Visa conditions. Maybe some kind of letter or provision (from the Australian Embassy? Heathrow Immigration?) that would allow me to fly.

Also, does any one have experience as to how long the actual stamp took after the appeal was approved?

Any help much appreciated!

[n.meadows]

Hi there,

Have you heard from the HO?? I am in the same position. MY appeal was approved and I have been waiting more than 8 weeks for someone to write and request my passport to give me the stamp!! I have already missed my flight to Australia...

I am also wondering what the turnaround is once you send them your passport.

Nick

[inna]

I'm yet to hear anything - I even went to visit the Home Office in person, but that was a complete waste of time.

The security guard said they "were closing at 5pm, but would see everyone in the line".. yet I had to line up for 90mins and just as I was next in line to see someone, they said they weren't seeing any more people (despite it being about 4:05pm).

The security guard said that the one guy at the door could answer any questions - I gave him a quick run-down of the story. He said "there was no way I could leave the country", I asked what about if it was an emergency like a funeral, he said "the only way to leave the country is to give up your current appeal and submit a new application from Australia".

I asked about a temporary visa, like Heathrow Immigration told me, and he said "there is no such thing" - I said it had already been 9 weeks from appeal, but he said "9 weeks is not a long time - it has lots of paperwork and needs to passed to a caseworker" - I said 9 weeks was a long time, especially considering it has already all been appealed in court... and I asked how long it would take - he replied "I don't have time for all these questions as there are other people waiting."

Terrible service. I had to cancel my flight to Australia.. now it seems I just have to wait indefinitely.

[confusedhsmp]

Have you got the decision in writing?

If yes, then send your passport with a copy of the decision to your case worker quoting the ref no and a covering letter explaining everything. Mark the cover letter as EXTREMELY URGENT on top.

[n.meadows]

Thanks for the advice. I think I might have to resort to such an action as I feel 9 weeks is just too long.

Its an incredible let down after receiving some justice with a successful appeal at the tribunal to then wait 2-3 months for a stamp that has already bee approved.

[Pokie]

I am in the same position as well. It has now been 3 weeks since my appeal was allowed and I am needing to travel for work.

Has anyone had any success with sending their passport to the original caseworker? I am very reluctant to send my passport to someone who is not expecting it as I have just forked out £180 to get my passport replaced when it was never returned to me with my rejection letter!

[vinata]

My aapeal was allowed on 7 July, or 10 weeks ago. And i still haven't heard anything from the HO. The waiting time is so long and completely unacceptable. I spoke to my solicitor and a few others, and all of them confirmed there was nothing they could do about it, but adviced me to wait for at leat 12 weeks before taking it any furhter. I also requested my MP to help me out, but received a reply from the HO that my reason for a speedy implementation wasn't strong enough to put my case forward. So, what could I do about it?

[inna]

I'm at about 11 weeks now.. absolutely no word from the Home Office - neither in regards to my visa or my 2 complaint letters.