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?