Needs advice for visa appeal

[Julie0904]

Hello everyone!

I'm new to this forum and very thankful that I've encountered this through my search on the internet. My case is a little bit different from most of you here. I applied for a Tier 2 visa sponsored by my current employer last May 30, 2012 and received my refusal letter on June 15, 2012. I asked help from a solicitor to process my appeal to the AIT. He was the one who prepared my appeal papers and lodged it to the tribunal last July 10, 2012. I just want to know how long does it usually take to know the hearing date and is there anyway that I can contact the ECM at the British Embassy Manila so that I will know if they've already received my papers? It seems to me that I am kept in the dark about the progress of my appeal as I have no way of calling the AIT for update enquiries as I am here in the Philippines and my solicitor always tells me to be patient and just wait. I am hoping that my appeal will not go into hearing and that the ECM will just overturn the decision.

Any advice will be greatly appreciated.

[Terpe]

Appeals can take a long time.
In principle the waiting is measured in months rather than weeks.
I would have thought that your solicitor is experienced enough to give a bit more informative feedback than be patient and wait.

May I ask the reason given for the refusal?
and the basis of your appeal ?

[Julie0904]

Thanks for replying...

Basically I first went to the UK as a student. Whilst I was there I transferred from one school to another as they keep closing down because of not following UKBA rules. Then my visa expired went back here to Philippines and applied for tier 2 visa sponsored by my employer. It turned out that the UKBA's record was not updated about my activities as a student because it did not appear on their record that I transferred to several schools. Hence in my refusal letter it stated there that I overstayed. Because student must go home if their school closed down and could not find another school to transfer to.

So this will be the basis of my appeal that I did not overstay and I have proof that I attended school the whole time that I was there.

Another basis of my appeal is that my right to private and family life base on Article 8 because I've been living with my boyfriend for almost 10 months and my relationship is affected because of this issue.

How long does it usually take for out of country appeal?

[joebloggs]

Thanks for replying...


Another basis of my appeal is that my right to private and family life base on Article 8 because I've been living with my boyfriend for almost 10 months and my relationship is affected because of this issue.

i dont think you will get anywhere with this, as there are no children involved the judge or UKBA could say there is nothing stopping your b/f living in the Phils or another country with you.

appeal can take upto 6 months.

[Julie0904]

thank you for your reply...at least now i have a clear idea how long i have to wait...hopefully i'll have a hearing date soon...