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UK Spouse Visa Appeal - which date to follow for the 28 days

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ssetho
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UK Spouse Visa Appeal - which date to follow for the 28 days

Post by ssetho » Mon Aug 30, 2010 12:05 am

My wife just got her UK settlement visa application refused and the date of refusal stated on the ECO's decision letter is 17 August 2010. As the UK embassy has to send back all the documents to the Visa Application Center, my wife could only pick up the documents from the center on the 27 August 2010.

I understand according to the IAF2 Form, the 28 days start to count down from the date she receives the ECO's decision letter which, in this case is 27 August 2010. However, I found out some immigration consultants' websites are saying the count down begins from the date of refusal on ECO's decision letter which, in this case is 17 August 2010. Now, I am totally confused as to which date I should follow.

Any help will be greatly appreciated.

alikhan28
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Re: UK Spouse Visa Appeal - which date to follow for the 28

Post by alikhan28 » Mon Aug 30, 2010 12:45 am

ssetho wrote:My wife just got her UK settlement visa application refused and the date of refusal stated on the ECO's decision letter is 17 August 2010. As the UK embassy has to send back all the documents to the Visa Application Center, my wife could only pick up the documents from the center on the 27 August 2010.

I understand according to the IAF2 Form, the 28 days start to count down from the date she receives the ECO's decision letter which, in this case is 27 August 2010. However, I found out some immigration consultants' websites are saying the count down begins from the date of refusal on ECO's decision letter which, in this case is 17 August 2010. Now, I am totally confused as to which date I should follow.

Any help will be greatly appreciated.
Check do you have any date stamp when you received your documents.

Logically 28 days start from receiving date but I have noticed there are no receiving date stamp.

To be better side posts yours IAF2 Form from the date mention on yours refusal letter.

Dont worry about supporting documents now as you would be given chance to submit yours bundle later.

Ali
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This is simply a general discussion not an immigration advice. I not necessarily correct on everything I would say. I am learning too

alikhan28
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Re: UK Spouse Visa Appeal - which date to follow for the 28

Post by alikhan28 » Mon Aug 30, 2010 12:49 am

Hi

How long do I have to appeal?

The deadline for an appeal is 28 calendar days from when you are served the notice of the decision of the Entry Clearance Officer.

Your appeal must be received at the Visa Section or by the Tribunal by the end of this period. You must decide to which office you want to submit your appeal. Please do not send appeals to both offices.

For example if you were served the notice of decision on 1st April, the office you decide to submit your appeal to must receive it by 29th April.
Check do you have any date stamp when you received your documents.

Logically 28 days start from receiving date but I have noticed there are no receiving date stamp by Gerry.

To be better side posts yours IAF2 Form from the date mention on yours refusal letter.

Dont worry about supporting documents now as you would be given chance to submit yours bundle later.

Ali[/quote]
..................................................................................................
This is simply a general discussion not an immigration advice. I not necessarily correct on everything I would say. I am learning too

ssetho
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Post by ssetho » Mon Aug 30, 2010 12:55 am

I can't find a date stamp on the letter except the date stated for the date of refusal. She didn't even have to sign and date for the ECO's decision letter at the Visa Application Center.

OK. We will post the Appeal Form off asap. Basically, we got only 14 days to do it now.

Many thanks for your advice Ali.

alikhan28
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Post by alikhan28 » Mon Aug 30, 2010 2:40 am

ssetho wrote:I can't find a date stamp on the letter except the date stated for the date of refusal. She didn't even have to sign and date for the ECO's decision letter at the Visa Application Center.

OK. We will post the Appeal Form off asap. Basically, we got only 14 days to do it now.

Many thanks for your advice Ali.
Frist post appeal form(you can fax as well) then latter focus on bundle.

Appeal Time dead line is very important.

Keep proofs of posting.(Send through a good courier).

Ali
..................................................................................................
This is simply a general discussion not an immigration advice. I not necessarily correct on everything I would say. I am learning too

moocifer
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Post by moocifer » Mon Aug 30, 2010 9:35 pm

Out of curiousity .. what nationality is your wife ?? (ie: where did you submit her visa application) I'm also assuming you're a British national.

batleykhan
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Post by batleykhan » Tue Aug 31, 2010 9:42 am

The 28 days start from the day YOU RECIEVED the refusal notice (either in person or by post), not from the day it was refused :wink:

ssetho
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Post by ssetho » Mon Nov 01, 2010 1:35 am

moocifer wrote:Out of curiousity .. what nationality is your wife ?? (ie: where did you submit her visa application) I'm also assuming you're a British national.
My wife is Chinese. She submitted her application in Wuhan, China. I am a British Permanent Resident.

ssetho
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Post by ssetho » Mon Nov 01, 2010 1:47 am

batleykhan wrote:The 28 days start from the day YOU RECIEVED the refusal notice (either in person or by post), not from the day it was refused :wink:
Thanks for the info batleykhan

Mk2010
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Post by Mk2010 » Fri Dec 24, 2010 3:20 am

Hi ssetho,

I am in similar situation here.
May I know have you use any professional help to submit the appeal?

ssetho
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Post by ssetho » Fri Dec 24, 2010 1:43 pm

Mk2010 wrote:Hi ssetho,

I am in similar situation here.
May I know have you use any professional help to submit the appeal?
Yes, I did engaged professional help and the appeal was successful so, it was money well spent. In fact, my wife got her visa 3 weeks after her appeal was submitted. Hope it helps. Good luck.

madeeha
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need a help !

Post by madeeha » Sat Aug 06, 2011 10:40 am

hello every one ! my husband is british national n i am pakistani i have submitted for my spouse vsa on 18-4-2011 n i got my reply on 4 -8-2011 n they refused it now we have 28 days to go for an appeal i have sent all my documents to my husband n he was inquiring n heighring a lwyer to make an appeal over there can u please tell me now how much time will be required all this is turning now into a nightmare =(
regards
do reply please
6-8-2010

batleykhan
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Post by batleykhan » Sat Aug 06, 2011 11:53 am

In Pakistan's case, an Appeal can take a minimum 6 months and then a further 3 months or so to get visa stamped in Pakistan if appeal is won. :(

madeeha
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thank u for ur help batley khan !

Post by madeeha » Sun Aug 07, 2011 8:53 pm

well =( thats really sad such a long time period but my husband is applying the appeal papers in uk .... so the same time period will be obtained even than =( ......... MAY GOD HELP US ameen !

batleykhan
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Post by batleykhan » Mon Aug 08, 2011 1:16 am

Yes

nana555
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hi

Post by nana555 » Tue Mar 20, 2012 11:24 am

hello i m from morocco i got my refusal decision in 6/1/2012 i faxed my appeal in 26/1/2012 till now i did not receive any answer can any one plz tell me how much time take to get an answer and how to submit my appeal

batleykhan
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Re: hi

Post by batleykhan » Tue Mar 20, 2012 12:34 pm

nana555 wrote:hello i m from morocco i got my refusal decision in 6/1/2012 i faxed my appeal in 26/1/2012 till now i did not receive any answer can any one plz tell me how much time take to get an answer and how to submit my appeal
It is quite common not to receive acknowledgement from IAT or the BHC post where you applied. It may be worthwhile contacting them to confirm they have received your appeal. If they have , then it is takes on average around 6 months for the appeal to be heard. You will only get something in writing when IAT have fixed a date for your hearing/

nana555
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thankx alot for answering me

Post by nana555 » Tue Mar 20, 2012 4:18 pm

thank you for answer me i don t have any idea about hearing this will be in court in uk or by phone i goted my tribunal appeal number by email today soo this mean they received my appeal . explain me more if you can plz thankx for your time .

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