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  1. #1
    Respected Member hawk's Avatar
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    visa

    reaplyed for visa they said would'nt get appeal but will get pi? not sure what pi means anyone a idiea thanks


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    Quote Originally Posted by hawk View Post
    reaplyed for visa they said would'nt get appeal but will get pi? not sure what pi means anyone a idiea thanks
    pi = 3.14159265

    Sorry, bad joke.
    Seriously though hawk, this makes no sense to me at all.
    To illicit some help, you'll need to put into context what has happened and what UKBA stated to you and why?
    It could be anything from Professional Indemnity to Private Investment.


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    Respected Member GraceAdam's Avatar
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    Quote Originally Posted by hawk View Post
    reaplyed for visa they said would'nt get appeal but will get pi? not sure what pi means anyone a idiea thanks
    Hi hawk,

    sorry my question is not related to the question you asked above..

    you mentioned that you re-apply, so that means, you paid another visa fee? the 58,320? O_o

    thank you so much x
    ADAMGRACE


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    Respected Member Bluebirdjones's Avatar
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    pi ...... private interview ??????
    No man is an island, but Barry is


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    Respected Member hawk's Avatar
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    visa

    This is an acknowledgment of your appeal documents, which we received today via courier.



    However, the visa category you have applied under does not attract a full right of appeal. Your right of appeal is only limited under Race Relations Act and Human Rights Act grounds. As the reasons you have set out on your appeal forms does not cover these, your appeal is therefore considered as Preliminary Issue – Validity (PI).



    A separate email will be sent to you regarding the outcome of the PI.


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    Respected Member hawk's Avatar
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    no fee on re/apply we put in for appeal but dont pay again only pay if we apply for another visa we only went for a speaceal visit visa that allowes to marry but she cant work more same as fiancee visa but she would have to leave at end of stay


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    Preliminary Issue?


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    Quote Originally Posted by hawk View Post
    no fee on re/apply we put in for appeal but dont pay again only pay if we apply for another visa we only went for a speaceal visit visa that allowes to marry but she cant work more same as fiancee visa but she would have to leave at end of stay
    Hawk,

    I did some research on this for you, and found the details on UKBA site.
    It looks pretty self-explanatory really, but if you have any questions just fire away and all your fellow forumers will try to do our best to support you.

    To be honest I have not personally come across this before.

    In principle it seems that you tried to make a formal appeal on a refusal of visa category that has no appeal mechanism. (marriage visa)

    It appears that your appeal request will now be presented to an Immigration Judge to decide if an appeal is acceptable or not.

    Anyways here is what UKBA state:-

    APL1.15 Preliminary Issues - invalid and out of time appeals
    Only an Immigration Judge can decide whether an appeal:-

    is valid (for example if the appellant submits a full right of appeal but only has a limited right of appeal); or
    can be accepted when lodged out of time (more than 28 days after the refusal decision notice has been served on the appellant).

    APL1.16 Processing invalid and out of time appeals
    Post must:-

    inform the IAC within 10 days that either an appeal is out of time or not valid;
    email the Out of Time / Validity proforma (available on the Toolkit), refusal notice and IAFT-2 form to the IAC at: eco.contact@dca.gsi.gov.uk. The subject line must include 'Preliminary Issue OOT / Validity'. You need to track the email exchange and keep a record on file. If you are not able to scan and email, you may fax a copy of the Out of Time / Validity of Appeal proforma, notice of decision and IAFT–2 form plus a fax cover sheet to +44 (0) 116 2494251. You need to keep a record of the fax transmission report indicating it has been received;send a chaser and keep a record of the fax / email if no reply has been received within 10 working days;
    keep a record of all correspondence on preliminary issues so that, if we are not advised of the outcome of the preliminary issue and a determination on the substantive application is made, we can challenge the decision despite having missed the deadline.
    A Duty Immigration Judge will decide whether to accept the appeal and the IAC will notify all parties of the outcome. If the appeal is determined to be 'in time' or 'valid' by the duty judge, the IAC will email Post's dedicated appeals enquiries mailbox by return or fax Post.

    Post need to process the appeal and prepare the bundle within set timelines (4 weeks for non-settlement cases and 12 weeks for settlement cases) from the date IAFT-2 for was received at Post.

    If the Immigration Judge determines that the appeal is 'out of time' or 'invalid', the IAC will email Post's dedicated appeals enquiries mailbox or fax Post this decision on form IAFT-20. Post do not need to take any further action.

    APL1.17 New evidence produced after despatch of an appeal but before an appeal hearing
    An appellant can submit evidence, which pre-dates the original refusal and was not disclosed to the ECO at the time of refusal, at any time before the hearing date even after Post has sent the appeal bundle to the IAC. The ECO must:

    review the evidence as quickly as possible; and
    if appropriate, issue entry clearance or maintain the refusal; and inform IAC of the new evidence and the outcome of your review by emailing the IAC at: eco.contact@dca.gsi.gov.uk.

    Sourced from UKBA APL01 - Appeal procedures

    Hawk, I feel that on balance, and without a further trip to Phils, you would be better advised to go for fiancee visa.
    No offence intended, just trying to help.


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    Respected Member hawk's Avatar
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    thx terpe looks like that maybe the best way fiancee wont be 2 happy waiting many thanks to everyone who gave advice too


  10. #10
    Moderator joebloggs's Avatar
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    Quote Originally Posted by Terpe View Post
    Hawk, I feel that on balance, and without a further trip to Phils, you would be better advised to go for fiancee visa.
    No offence intended, just trying to help.
    terpe.
    she has virtually no grounds for appeal, i think you would be wasting your time and money, move on and get wed in the phils or apply for a fiancee visa
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


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    Quote Originally Posted by joebloggs View Post
    terpe.
    she has virtually no grounds for appeal, i think you would be wasting your time and money, move on and get wed in the phils or apply for a fiancee visa
    Bearing in mind this visa rejection has to be by law, disclosed on the new visa application.

    No getting away from it....there is a question about failed applications.


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    Quote Originally Posted by gWaPito View Post
    Bearing in mind this visa rejection has to be by law, disclosed on the new visa application.

    No getting away from it....there is a question about failed applications.
    What you say is true, but I don't think hawk or anyone else needs to be overly concerned about a refusal of visit visa.
    Plenty of people get refused on visit visa before applying for settlement visa.
    It should have no impact as each application is judged on it's own merits.


  13. #13
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    Quote Originally Posted by Terpe View Post
    What you say is true, but I don't think hawk or anyone else needs to be overly concerned about a refusal of visit visa.
    Plenty of people get refused on visit visa before applying for settlement visa.
    It should have no impact as each application is judged on it's own merits.
    I agree, to a point ' Each application is judged on its own merits'. If that's the case why do they want to know about past refusals

    I only mention it because I remember him saying about making another application in a previous thread.

    I accept that what seems obvious to many isn't so for a few...im just trying, like most of us to save them shelling out even more money unnecessary.


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