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appeal or re-apply for visa ???

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gturner22
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Posts: 3
Joined: Wed Dec 28, 2011 1:01 pm
Location: manchester

appeal or re-apply for visa ???

Post by gturner22 » Wed Jan 04, 2012 9:09 pm

we have been advised to submit a new application rather than appeal for a spousal visa.
We supplied hardly any proof in our original application , and although we now have plenty of evidence of the points that we were refused on we have been advised that the appeal judge would say that on the original proof provided it was a correct decision to refuse the application.
Is this true ??
A fresh application is £800 compared to the £120 appeal, we think we could do it ourselves again as any of the legal firms want to charge about £1500.
Any advice would be greatly appreciated

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Wed Jan 04, 2012 11:18 pm

The main difference between to the two routes to consider is timing. It will probably take you around 6 months to get an appeal hearing. Then, if you are successful, you may need to wait a further 3 months to get the visa.

What were the actual reasons for the refusal? In particular, an appeal (and legal representation) may be advisable if there were any allegations that affect your credibility.

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Re: appeal or re-apply for visa ???

Post by vinny » Wed Jan 04, 2012 11:24 pm

gturner22 wrote:we have been advised to submit a new application rather than appeal for a spousal visa.
We supplied hardly any proof in our original application , and although we now have plenty of evidence of the points that we were refused on we have been advised that the appeal judge would say that on the original proof provided it was a correct decision to refuse the application.
Is this true ??
Not necessarily.
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flyguy
Junior Member
Posts: 83
Joined: Fri Jul 08, 2011 10:28 am

Post by flyguy » Tue Jan 10, 2012 1:47 pm

Tricky one, but post decision evidence is not acceptable as such. But since you did not provide them, but had the evidence it a tricky one.

If anything is new after the application was made, ie you have something now, and back then when you made the application you didnt, then its best to make a new application. if you do make sure you provide everything and not miss anything out.

Appeals can have a lenghy waiting time approx 6 months.

mohanchhapadia
Newly Registered
Posts: 17
Joined: Wed Apr 01, 2009 11:19 am

Re: appeal or re-apply for visa ???

Post by mohanchhapadia » Mon Feb 11, 2013 10:26 am

gturner22 wrote:we have been advised to submit a new application rather than appeal for a spousal visa.
We supplied hardly any proof in our original application , and although we now have plenty of evidence of the points that we were refused on we have been advised that the appeal judge would say that on the original proof provided it was a correct decision to refuse the application.
Is this true ??
A fresh application is £800 compared to the £120 appeal, we think we could do it ourselves again as any of the legal firms want to charge about £1500.
Any advice would be greatly appreciated
Hello,

which one did you go with?

Could you share please, as I am in the same situation as my wife's visa refused and we are advised to put a new application.

johnj1
Member
Posts: 108
Joined: Tue Feb 12, 2013 9:16 pm

Post by johnj1 » Tue Feb 12, 2013 9:27 pm

Hi,
I was in the same shoes with you, my wife visa was refused due to English Language requirements, we submited the degree certificate from her university but did not accompany it with NARC verification, what we decided to do is to re-apply ( though quite expensive). In you own case, if you feel you have submitted all the required all required evidences, you can go ahead with the appeal process, but if not, the best option for you is to re-appy. I wish you good luck

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