Preparing Appeal against spouse visa refusal.

[Dedworth]

Attached is a copy Email we received from the British Embassy this morning. I'm starting to pull my hair out now as the appeal documents quite clearly state the appeal can either be submitted to the Tribunal service in the UK or To the Embassy. I decided to submit to the Embassy in the belief that it would assist the ECM in reviewing the case. Quite why they should send this is beyond me. My wife has today forwarded a prepaid courier envelope to the Embassy to get our appeal documents back so they can be submitted to the UK. Cant help but think we've done something to upset these people as although they have acknowledged our letter of reconsideration as yet we have no response to the points raised in it.........

Dear Mrs. O’Donnell,



You have submitted appeal papers to this office, however your appeal must be lodged directly with HM Courts and Tribunals Service (HMCTS) in the UK.



Your appeal is also subject to a fee payable to HM Courts & Tribunals Service (HMCTS).



Details of how to pay the fee and lodge your appeal are available from the link below.



http://www.justice.gov.uk/



Your papers will be returned to you and have not been forwarded to the Tribunal Service. Please send a pre-paid courier envelope to the following address to enable us send your appeal documents back to you:



Appeals/AR Team (xxxxxxxxx)

Visa Services

British Embassy Manila

120 Upper McKinley Road

McKinley Hill

Taguig City 1634





Sincerely yours,

Madness - time to appraise your MP of the situation with these idiots

[joebloggs]

Sometimes we thought to ask help from the human rights on why these people keeps me away from my son (who is now 20)

how old was your son when you applied for the visa , over 18 ?

[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]

how old was your son when you applied for the visa , over 18 ?

hi joebloggs...
he was 17 when we lodged the settlement visa...he just turned 18 after he got the appointment for his biometric. A week after he was then invited to the UK embassy in Taguig City for appearance with some questions & answers. My Dad was there with him as his guidance/moral support but they throw questions at him. Of course he's nervous.

[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.

[joebloggs]

hi joebloggs...
he was 17 when we lodged the settlement visa...he just turned 18 after he got the appointment for his biometric. A week after he was then invited to the UK embassy in Taguig City for appearance with some questions & answers. My Dad was there with him as his guidance/moral support but they throw questions at him. Of course he's nervous.

you've said in a previous post your son is now 20 ?

[Maria B]

you've said in a previous post your son is now 20 ?

Yes at the mo my son is 20 yrs of age. At the time of lodging his settlement visa he was 17. When he was called for the biotmetrics he just turned 18. My husband explained to me & let me understand more about the appeal procedure. First of all:
*we lodge the appeal here in the UK, it tell us on the refusal paper what office to appeal.
*once an appeal is lodged in the UK the embassy in the Phils will have to send all infos to the appeal courts. That papers are called 'bundle' we make sure that we clearly state all the grievances when we send the appeal form.
*the appeal judge is completely independent.

When it is time for the appeal hearing make sure that you have all your grievances & questions wrote down so that u do not miss to mentioned anything.

We are now appealing against the first appeal. Also my husband is seeking legal advise where we stand within the human rights judgement on this matters because they are keeping a family apart. My husband does know of a case recently where the human rights told the British govt that they cannot keep a husband away from his british wife.

[Stevi]

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

[joebloggs]

Yes at the mo my son is 20 yrs of age. At the time of lodging his settlement visa he was 17. When he was called for the biotmetrics he just turned 18. My husband explained to me & let me understand more about the appeal procedure. First of all:
*we lodge the appeal here in the UK, it tell us on the refusal paper what office to appeal.
*once an appeal is lodged in the UK the embassy in the Phils will have to send all infos to the appeal courts. That papers are called 'bundle' we make sure that we clearly state all the grievances when we send the appeal form.
*the appeal judge is completely independent.

When it is time for the appeal hearing make sure that you have all your grievances & questions wrote down so that u do not miss to mentioned anything.

We are now appealing against the first appeal. Also my husband is seeking legal advise where we stand within the human rights judgement on this matters because they are keeping a family apart. My husband does know of a case recently where the human rights told the British govt that they cannot keep a husband away from his british wife.

you been appealing for more than 2 years ?

[bigmarco]

you been appealing for more than 2 years ?

I was thinking that aswell. I really hope our one doesn't drag on for that long.

[joebloggs]

I was thinking that aswell. I really hope our one doesn't drag on for that long.

i cant see it taking that long, lets hope your refusal will be over turned before it goes to appeal, how can the HO try and justify the refusal and look like at a tribunal

[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