Marc, how long did it take for you to get your appeal hearing from the point of the refusal?
Marc, how long did it take for you to get your appeal hearing from the point of the refusal?
Hi Yellowcloud. We were refused in March and received the appeal date this week for a hearing in September.Originally Posted by yellowcloud
However there was a delay of at least a month as we originally submitted our appeal to the Embassy in error. By the time we submitted our documents to HMCTS in Leicester we were late so our papers had to go before a Judge to confirm it was ok for our appeal to go ahead which caused a further delay of at least 2 weeks.
Good call Ded I was wondering if there was anyway to get compensation?
Thanks Marc, so the reason your appeal is being heard in Feltham Middx is because its your local court? Would that be the same for anyone who appeals? ie it would be heard at their local court?
I'm assuming thats the case. Although Feltham is not really local to me it's a hell of a lot closer than Leicester.
Does anyone know how the appeal process works in simple terms as its very confusing to me?
I think I have figured it out, but please correct me
- The ECO refuses the application and sends a notice to the applicant along with their supporting documents.
- If the applicant has the right to an appeal, the ECO will include a form with the notification of refusal.
- The applicant must fill in the form, write the new statement in defense of their protest, and along with the original supporting documents, sends everything to the court at Leicester.
- At Leicester an ECM (entry clearance manager) reviews the form, application, supporting documents, statement of refusal from the original ECO, and the statement from the appealing applicant. If the ECM reverses the ECOs decision, the applicant is notified. This can take up to three months after the initial refusal.
- If the ECM continues the refusal, the paperwork is sent onto the Tribunal, a hearing date is set, the judge looks it over, makes a decision, and notifies the applicant of the outcome. This can take up to a year.
The ECM who reviews the case is based at the Embassy in Manila. If he upholds the refusal he then returns a photo copied bundle to Leicester who then forward this on to you together with the date of your hearing.
Its then upto you if you decide to seek professional advice.
Our appeal was submitted late which caused about 6 weeks of delays. The refusal was in March and our appeal date is september so it takes less than a year. I would say slightly less than 6 months if you do everything properly.
yellowcloud, you're almost there, but please take a look here
Hopefully it will help.
Thanks Terpe!!!
Very helpful! What I dont understand is this
I didnt think that was allowed? For instance someone did not have 3rd party support but then adds 3rd party support with the appeal?If you have any supporting documents that you did not include in your original application but wish to include now, include these with the completed form IAIT-2.
i don't think you can do that any longer, that's the reason so many appeals were won, because people submitted evidence they should have submitted in the first place, and if they did they probably would have been granted the visa and not been refused
This is what our rep informed us of; so the application we submitted contained everything that we would need if we had to go to appeal.i don't think you can do that any longer, that's the reason so many appeals were won, because people submitted evidence they should have submitted in the first place, and if they did they probably would have been granted the visa and not been refused
Marc, thanks. I notice you sayThe ECM who reviews the case is based at the Embassy in Manila. If he upholds the refusal he then returns a photo copied bundle to Leicester who then forward this on to you together with the date of your hearing.
Its then upto you if you decide to seek professional advice.
However would it not be better to get legal advice and help with filling in the appeal form before the 28 days are up first?Its then upto you if you decide to seek professional advice
Marc, when you submitted your appeal form did you accompany it with all of the original documents you submitted with the Visa application? or photocopies of all the original documents? Did you also send in additional evidence other than what was in you original application?
Did you apply for Anonymity? if so do you think its a good idea?
If you have a representative acting on your behalf does your fiancée/spouse need to sign the appeal form or anything like that?
Yes of course you can do that.
Lets hope you dont have to cross that bridge. Stay positive
Marco, I hope not but after the way her interview went I think I will be in the same boat as you but not as far ahead of course. I expect the decision tomorrow or any day now.
Sorry Marc I edited my past post and you didn't see my other questions, when you submitted your appeal form did you accompany it with all of the original documents you submitted with the Visa application? or photocopies of all the original documents? Did you also send in additional evidence other than what was in your original application?
Did you apply for Anonymity? if so do you think its a good idea?
If you have a representative acting on your behalf does your fiancée/spouse need to sign the appeal form or anything like that?
Hi Yellowcloud
Our appeal contained very few documents because in our view the refusal was down to the fact that our original application had not been studied properly. We simply contested their reasons for refusal and submitted one or two photocopies of documents they already had (ie Photocopy My Passport). No additional documents were sent because we felt we had sent everything necessary with the application.
Anonymity wasn't requested and to be honest I didn't know you could.
The appeal form was completed in the Philippines and as far as I'm aware this can also be done online.
Marco, thanks for that. Very helpful. I know you will be fine with your appeal and prayers are going your way!! Did you find out if you can be reimbursed due to the extra cost of what you have due to the ECOs error?
Does anyone know what this witness statement thing for an appeal is all about? What is it? Does it need to be submitted with the appeal letter?
For anyone who needs to appeal I have simplied the whole thing for what you need to do.
How to appeal in laymans terms;
OK you want to appeal this is what you do.
1a)The applicant fills out the appeal form which is included in the package and post it to the appeals tribuneral in Leicester.
OR
b) Leave the appeal form blank and post it to a UK based Lawyer to fill it in and sign it on your behalf (you do not need to sign it if you choose this option, the lawyer/solicitor can do this on your behalf).
2) Write a defending statement, defending your application; in the letter you should write that you don’t understand how the ECO refused because you meet the requirements as evidenced by XYZ documents (here is where you take the ECO reasons and points out the documents that refutes the ECO decision and reasons). You sign it and post it to the appeals tribuneral in Leicester along with the filled in appeals form or your blank appeals form to your lawyer/solicitor acting on your behalf.
3) Alongside the Appeal letter and defending statement post everything the ECO sent back to you and the original letter from the ECO stating the refusal and why the application was refused straight to the court at Leicester or your UK BASED lawyer.
4) You send all the originals bundle (ie everything you gave to the ECO IN THE INITIAL APPLICATION + photocopies of the original bundle). But you do not send 'new' supporting documents or they will throw the appeal out saying you are submitting new documents and that constitutes a new application.
So check list of everything you send before your 28 days to appeal have run out to either your UK Based Lawyer/solicitor or directly to Leicester.
TO UK BASED LAWYER ALL IN SAME PACKAGE
- BLANK UNSIGNED APPEALS FORM
- DEFENDING STATEMENT
- ORIGINALS BUNDLE
- PHOTOCOPY OF ORIGINALS BUNDLE
- ANYTHING THE ECO GAVE BACK TO YOU INCLUDING REFUSAL LETTER
TO LEICESTER ALL IN SAME PACKAGE
- SIGNED AND FILLED IN APPEALS FORM
- DEFENDING STATEMENT
- ORGINALS BUNDLE
- PHOTOCOPY OF ORGINALS BUNDLE
- ANYTHING THE ECO GAVE BACK TO YOU INCLUDING REFUSAL LETTER
Now this is something I am not totally sure of, I have heard that New evidence to prove a fact in the original application is allowed. The evidence must have existed at the time the application was submitted and not have been submitted for one way or the other. In this regard, it is not interpreted as new. However, I would like clarification on if this is OK?
I don't recommend that on point 2, you say on appeal you don't understand why the ECO refused. If you do this - they, as 'professionals', can countervene you by claiming that they have made full appraisal and if you need help understanding it, a lawyer or CAB advisor should talk you through it.
If you argue you DO understand how the ECO refused you, you can argue you understand why the ECO is wrong - and you are starting from a stronger argument and can build a better case with your lawyer.
hi yellowcloud
NEW EVIDENCE which postdates the decision cannot be considered by the ECM but an ADDITIONAL DOCUMENTS relating to the initial application it should be taken into an account by the ECM. http://www.ukba.homeoffice.gov.uk/po.../ecg/apl/apl7/
Hmm hope this turns out well for you and your family Marco; I'm sure it will with the right representation.
It doesn't hope you but some advise to others.
For my fiancée's application, her rep (my UK lawyer) produced an index of all the evidence we submitted. The evidence was bound in a folder because the rep told us they often lose evidence and this minimises the risk of that. Then the rep's letter called out all of the evidence that we submitted and how it showed that we met each piece of the legislation requirements. The rep's letter was very compelling and walked the officer through the thought process they should be using and to the successful conclusion we had.
This is what our Immigration agent did. Itemised everything that was included in the submission on a covering page. A sort of Index but grouped according to the order used on the website. And also related it directly to the legislation. Our submission papers remained loose though, as evidently even submitted in bound form VFS want the sheets separated.
- Does anyone know when you submit your appeal form do you accompany it with all of the original documents you submitted with the Visa application? or photocopies of all the original documents? Do you also send in additional evidence other than what was in your original application?
- Do you think Anonymity is a good idea as it is offered in an appeal? If so why?
- If you have a representative acting on your behalf does your fiancée/spouse need to sign the appeal form or anything like that?
Do you need to go to appeal having had an application turned down Yellowcloud ? If not I can't really see any point in asking all these questions, however never having submitted a visa application I'm probably not qualified to comment
Just a question for you guys.
1. You submit your application in Manila
2. If refused all the documents must be sent back to the uk for the appeal? Is that right?
You submit your partners application in Manila if its refused they return original documents to her but they keep copies.
When you submit your appeal to leicester they send this to ECM in Manila if he upholds refusal he notifies Leicester and sends them a copy of the bundle which they forward on to you with the date of the hearing.
Thanks everybody for your kind words. Really appreciated.
No we dont, but as our application is marginal I dont want to just wait until we get a refusal and then spend days trying to understand the appeal process when we have a strict deadline and I know my head will not be thinking straight if we are rejected so would rather learn about it now while I can actually take it in. Plus, I think this information is helpful to others and for me I love to help others and by learning these things I will use what I know to reply to other people who are seeking or may need to know this if theres a real possibility they will need to know and understand these things.Do you need to go to appeal having had an application turned down Yellowcloud ? If not I can't really see any point in asking all these questions, however never having submitted a visa application I'm probably not qualified to comment
Thanks for the answer but tbh I think with a bit of searching all the info is to be found on this forum
If I was in your shoes Yellowcloud I'd rather not tempt fate.
Thats what I do, unless there is something I can not find then I ask the question.Thanks for the answer but tbh I think with a bit of searching all the info is to be found on this forum
Dedworth, funny as I have found the opposite to be true in my life haha. Most times when I expect something it doesn't happen but most times when I don't expect something it does :PIf I was in your shoes Yellowcloud I'd rather not tempt fate
Do you know that thought did cross my mind - good luck with the application !
Always expect the unexpected. No one expected the Spanish Inquisition.
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