Preparing Appeal against spouse visa refusal.

[Maria B]

Hi Everyone
Just to let you know we have submitted a letter of reconsideration to the ECM and are waiting to see if this has any luck.
In the meantime my wifes papers will be arriving by FEDEX tommorrow together with her completed appeal form for me to send on to the appeal tribunal togerher with the fee.
I am intending to request an Oral appeal as I feel it would be more beneficial if I actually turn up and was wondering if any of our experts agree that this is the best course.
Secondly is there any benefit to be gained in getting some professional help for the appeal and if so can anybody recommend somebody suitable.
Lastly has any of our members had any experience of an Oral appeal and if so is there any information on what actually happens.
Many thanks

Hello bigmarco,

I agree with you that it's best to have the oral appeal in where u can talk to the judges/members of the board straigthforward with your papers on hand to defend & find answers on the reason about your wife's spouse visa refusal.

If u want to gain help from the professional, you may find the MP in your area (mostly u can check it online) & check their office schedules for a free consultation. They will give u suggestions.

My husband did an Oral appeal (but different story...it's about my son's appeal).

Wish you all the luck & hope to hear good news about your appeal in the future.

[joebloggs]

bigmarco you can no longer send appeal papers to the embassy, they only changed it recently, nov last year i think.

you sent your letter to the ECM at the embassy ??

hopefully they will over rule the refusal..

[bigmarco]

bigmarco you can no longer send appeal papers to the embassy, they only changed it recently, nov last year i think.

you sent your letter to the ECM at the embassy ??

hopefully they will over rule the refusal..

Hi Joe it would be handy if they changed this information on the appeal papers as they quite clearly stated we could submit to either UK tribunal or British Embassy Manila. We will wait for their return and then send them on to the tribunal. Just a little bit annoyed at the time wasted.
Yes the letter of reconsideration was sent to the Embassy aswell which they acknowledged but have not responded to as yet other than to mention the appeal process in their E mail. I'm hoping that they take some notice of this otherwise I fear this could drag on for sometime.

[Maria B]

thank u for the kind words bigmarco....

[joebloggs]

i think it was always quick to appeal in the country you were refused in, because the ECM would look at your grounds for appeal and they could withdraw the refusal, if they didnt then they would send the appeals forms to the UK.

but if you appealled in the UK, they would send your appeal form to the ECM in Manila to reconisder your grounds for appealling, then the ECM would either withdraw the refusal or not and the appeal would go ahead, so taking longer

so it was in most cases quicker to appeal in the country you were refused (becuase the Tribuneral didnt have to send the papers to manila).

[Maria B]

i think it was always quick to appeal in the country you were refused in, because the ECM would look at your grounds for appeal and they could withdraw the refusal, if they didnt then they would send the appeals forms to the UK.

but if you appealled in the UK, they would send your appeal form to the ECM in Manila to reconisder your grounds for appealling, then the ECM would either withdraw the refusal or not and the appeal would go ahead, so taking longer

so it was in most cases quicker to appeal in the country you were refused (becuase the Tribuneral didnt have to send the papers to manila).

This was also my Dad's suggestion to myself & hubby before. But hubby wanted to do it here...I was wondering 'what if' we listen to Dad

[Arthur Little]

... what a palaver! Change for the sake of change! Just like Royal Mail.

[Stevi]

Best of Luck,,,,!!!!!!

[bruce]

Mate.. just remember that even if they ignore your reconsideration letter it still does not mean it will go all the way to an appeal hearing ....they can ignore a reconsideration letter but they can NOT ignore an appeal ..

It will be submitted in the UK then it will be sent to the Philippines for reconsideration. Once it arrives back in the Philippines they of course have two choices ..either over turn there original decision and grant your wife a visa or they can decide to fight it and stick to the refusal...should they do this the appeal will then head back to England and you will be informed of an appeal date ..always take the oral option @ the hearing eh ..should it ever get that far ....

Time wise is very hard to predict ..it has been know for the ECO in the Philippines to grant visa 2 days before hearing!!!!(leaving it for as long as they can) on other occasion it has been overturned fairly quickly ..from the advice I have been given it can be anything from 3 weeks up to 6 months depending on ECO ...

Good luck and lets all hope reconsideration letter does the trick ..if not lets hope they overturn there original decision quickly ?? ..

[tiger@tigress]

Hi all

I am confuse of where to send your appeal for Visit visa refusal.
Is it to British Embassy Manila or to
PO Box in Leicester?

[Terpe]

Hi all

I am confuse of where to send your appeal for Visit visa refusal.
Is it to British Embassy Manila or to
PO Box in Leicester?

If this was in connection with a visa for Family Visit you should have received all appeal details with the refusal letter.
If this was a General Visit visa (tourist) then there is no appeal process allowed.
The cheapest and quickest solution would probably be to re-apply, however this would depend on the reasons for refusal and you being able to satisy the ECO on those reasons in the next application.

[tiger@tigress]

It is for family visit and they got the appeal details as well but i dont is there fee to make an appeal and how much?

[Terpe]

I'm really sorry to hear about your Family Visit visa refusal.
Along with all the appeals details you also should have received details of the potential charges/fees.

May I suggest you take a look here at the UKBA webpage on Appeals System

As I mentioned in my earlier reply, it may be much cheaper and quicker to just make a new application. Many appeals are taking quite a long time and with potiential fees of around £100
I have to admit I don't know how the new fees/charges are actually worked out.

An appeal may be a good route for you if you believe the ECO made a mistake.

If you don't mind my asking, what was the key reason given for the refusal?
If the ECO doubted compelling reasons to return, it may be difficult to counter this view in the tribunal