briseis

Appeals Process

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Hi all,

Can anyone shed some light as to the approximate time-scales involved with making a settlement Visa Appeal?

I know that the UKBA have 19 weeks to produce their evidence against you but what happens next? and how long does it usually take these days?

My husband had his visa refused because of his English score, (he was fluent at the time but obviously had an 'off' day), however he passed with a very good score recently and now we are trying to gauge whether or not it is worth waiting for the appeal outcome or to make a fresh application. The deadline date is 17th May and the Appeals court said that as soon as he gets his certificate he's to send them and the UKBA a copy of it right away. BUT everything includes months of waiting doesn't it!

Does anyone know?Posted Image

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Hi Briseis, Although I'm no expert on appeals I would think that as you are already involved with the appeals court that there would be no point in putting in another visa application. From what you have written, though I don't want to raise your hopes. it does sound promising that the Appeals courts have asked for the certificate to be sent to them and the UKBA right away. I don't know what other members think but to me it sounds like things could be sorted out fairly quickly.

I hope others will have some knowledge of appeals. The only other thing I can suggest is that you post on the Immigration Boards Forum and ask their opinion. Here is a link Click here

Good luck and let us know how it goes and to have up to date information on appeals is wanted and appreciated. :)

I hope the stress isn't too unbearable.Posted Image

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Thank-you!

When all is made clear I will certainly post it on here. I know how in this kind of situation- you end up clinging to any little bit of information that you can get hold of lol.

(Going through this has certainly opened up my eyes to the suffering that so many couples are going through. I think we've gone past the point of unbearableness lol- because of the contact arrangements in place for my children and the time it would take to travel to where hubby is at the mo- I haven't been able to go across even for a visit since August Posted Image )

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For anyone reading this the general gist I have got especially after speaking to Appeals court customer services is: 'How long is a piece of string...'.I was informed that it varies- some people can get a sudden phone-call from the Border Agency to say 'come and collect your visa' once you've submitted your evidence to them- others have to wait the 19 weeks then however many weeks it takes to get a date (note: it depends on the cue), then the decision could take a wide variety of time-scales to be decided.I understand now why so many people just opt for a fresh application. My husband and me have submitted his English results to the Border Agency and are waiting for some kind of reply. If we don't hear anything within a reasonable amount of time, I think we'll opt for a new application because even though it's so expensive, waiting indefinitely is horrible.Sorry for the useless news!

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Hi Briseis, the appeal process takes about six months. 19 weeks to process then about an other 6 weeks for the hearing date and the Immigration Judge takes 2 weeks to issue a decision. Sometimes the Judge may give an indication that the appeal will be allowed, but not often.

All appeals must be reviewed by the Entry Clearance Manager at the Embassy long before they get to a hearing and this is when some refusal decisions are overturned.

APL7.1 What is the purpose of an ECM Appeal Review

The ECM Appeal Review statement replaces the Annex D and ECO Explanatory Statement. The purpose of the ECM Appeal Review is to consider the grounds of appeal and supporting documents. An ECM Review is required for all decisions refused with a full right of appeal (FRA). The ECM must assess whether the appellant has satisfactorily addressed the reasons for refusal. If the appellant has successfully addressed all the points of refusal the decision should be overturned and a visa issued. If the ECM concludes the appellant has failed to address the reasons for refusal a written statement detailing why the decision is being upheld must be provided.

I have tried answered some of your questions, this is a really horrid time, anyone who has been through waiting for the appeal will tell you. You have come this far don't give up see what happens with the appeal. Chin up!

I did think that people were aware of their English test scores before they made their settlement application as the results were sent to them by the Test Centre

Last year I actually went to the British Council in Tunis Tunisia with a friend of mine. she sat the test in July 2011 and received her results in September 2011. she passed and then applied for her settlement visa, which was granted two months later. She was told clearly by the British Embassy that they did not accept applications without the English language certificate.

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Just as an update- My husband and I made a new application because the appeals court customer service told us we could do this whilst keeping the appeal running. It is now into week six of waiting for a reply regarding his Visa application. I rang a few solicitors to see if there was anything we could do to enquire about our application because my husband (due to the way TV contracts work) had been out of work since August (he couldn't accept any contracts because they're long-term) AND for those of you who don't know, we have not seen each other since last August either due to circumstances. Anyway, I spoke to one company and when they heard that we had an appeal going they said 'noooooo'. They said it was a bad idea and could hinder our application. So, in flat panic, we've now had to withdraw our appeal (two weeks before the deadline). Does anyone know about this? Running an appeal at the same time as an application?They refused my husband because of two measly marks on a Toefl test. (My husband missed out on thousands of pounds worth of work during all this). He sat a KET just after the refusal and got an A2, he just did another English test last week and they said he was a C1. I feel like I'm going insane with all the run around we've had. I just want my husband here so we can get on with our lives and now I'm in a stupid position where I've been offered a place on a teacher training course but also need to decide if I'm doing that or I need to apply for a new job because my contract runs out at the end of the school term. If I need to get a new job to please the UKBA because we need to re-apply again, then I need to find it now. If he gets his visa I can just get on with my training. Do the Border Agency have any idea how much they are screwing up some peoples' lives?!!!!I Just want my husband!!!!!!!

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Am really sorry to hear you have withdrawn your appeal. I hope you hear back with regard to the new application soon....waiting is terrible......I know how awful you must be feeling.It's a horrible and frustrating process and I agree that it screws up people's lives. If you need to rant.....please feel free to pm me x

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Bresis, if I understand correctly your husband failed the language test when he made the first application. Passing the language test is mandatory, so I don;t understand why your husband made a settlement application when you both ,knew he did not have the language requirement.Posted Image I did mention this in a previous post.

If that was the only reason he was refused you maybe should have carried on with the appeal as he has since passed the test and the judge would have considered this.The staff at the tribunal service are not qualified to give immigration advice and it is certainly not advisable to make a fresh application whilst an appeal is being processed.

You will need to work to sponsor your husband and you should go to see him as it could be construed that your marriage is not subsisting, which is a legal requirement, para 281 (iii) If you have already made a new application then I can;t see why you cannot take the teacher training as the evidence you have provided in support of the application has already been submitted.

The UKBA don;t care in the slightest as far as they are concerned the rules have to be met. Lets hope that this new application is ok and the visa will be granted, be patient though as it can take up to 12 weeks, Good luck

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I rather confused as to why you withdraw your appeal and agree with Aston. In your opening post you said that whilst he failed his original language test he later passed it with an A2 score but then went on to take a further language test where he again passed. Not sure why he did that having finally passed the original test?

Anyway you went on to say "The deadline date is 17th May and the Appeals court said that as soon as he gets his certificate he's to send them and the UKBA a copy of it right away". Why didn't you post the certificate and a copy as requested. Is it because he hasn't received it yet?.

If you do go on the teachers training course would you have 105 GBP left over after paying all the bills per week? If not, Aston is right you will have to find a job, Also if you haven't seen each other since August last year you should try to do so very soon or provide a very good reason why you haven't/can't.

In an ideal world you should be able to marry who you want, and if they want to settle in your country it shouldn't be a problem. Sadly those days are long gone. I like you and countless others decided to marry a foreigner, and yes it's hard going through the process, but we were aware that we had a mountain to climb getting them into the UK when we married them. The UKBA can't be sentimental, they have to abide by the rules and regulations laid down in law, same as they have to in other countries.

I do feel sorry for you as I'm sure you are totally stressed out at the moment,Posted Image but keep going as I'm sure it will work out in the end. Posted Image

Good luck

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Hi, my husband submitted his first application with the slightly inadequate score because A.) The Turkish English schools were telling him it would be ok (I was there when this was happening) B.) No less than seven Turkish Visa Advisors told him it would be fine and C.) He also had a health thing going on so we thought they'd understand. I also guess it was because we both knew his abilities were much higher than an A1 at the time too.

When he took the A2 certificate I sent a copy and a letter to the Appeal court (I am, was his sponsor and representative) and a copy to the Border Agency but we heard nothing. We ended the withdrawal this week after I was given heads up by some lawyers, I was also told by one lawyer that that the appeal was pointless because the judge has to go by the evidence on the date of application and we couldn't prove his English ability was better on that particular date. She said that even though he took a higher score later they couldn't take that into account. Anyway, because we were too scared that we were messing things up more, we now only have the application going.

I couldn't get out there since August because when I returned to work in September I found my hours had been halved, then I had complications with my children going away for contact with their father so I didn't logistically get the time or money to get out there. Plus we were expecting my husband to be arriving here in the UK imminently. I do worry that the Border Agency will think I haven't been out because I don't care- though I did explain all in my letter. Plus we handed in the ridiculously large telephone bills that have been generated by us talking so much lol.

I started a new job in January but the contract ends in August (though it is likely it will be renewed). I need to look at finances I guess as I've been trying to get back into teacher training for years now and finally it's come around and this is what has happened. I'm also going to have to go into hospital for surgery in June so I'm panicking about that because I want him here. Posted Image

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Oh dear you have certainly been given bad advice by both the English Language School and also the 7 Turkish Visa Advisors plus others.. If you had asked us first we would have told you your application would have been turned down and saved you a lot of money in the process. As you were specifically asked by the Appeals Court to send in his certificate I would have stayed with it and had the appeal as you were so close to the appeal date. Unfortunately you panicked and are now back at square 1 again.

I wish you luck with your new application, please keep in touch and let us know how you get on. Posted Image

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Your absolutely right Abi., If the only reason for the refusal of the application was that Briseis husband failed the language test, once he submitted a pass certificate the Entry Clearance Manger had the power to overturn the decision ( see my earlier post)..

Fingers crossed that this application is allowed Posted Image

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News!! He's getting his Visa!! Yeyyyyyyyyyyyyy!

The British Consulate called my husband today to say that yes he can have his visa after all!!

I'm in absolute shock. I'm off work sick and it's just as well because I would be absolutely useless at work today anyway after this news lol Posted Image Posted Image Posted Image Posted Image

I've just thought- does anyone know if he arrive at any UK airport or does he need to go through a specific one? (Our home is in the North East).

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Very many congratulations I'm very happy for you both and thanks for letting us know. I bet you'll soon be rushing around the house cleaning now haha.

Yes, he can arrive at any UK Airport so won't be a problem.

Just a note about flights, make sure it's a direct flight from Turkey to the UK, also don't book tickets with First Choice or Thomson, Barmy I know but if you look in the Passport & Visa section you will read the following.

Thomson Airways and other charter airlines are not permitted to carry certain nationals to and from their country of origin, due to licensing law restrictions in place with overseas aviation authorities

The current licensing laws, do not allow Thomson Airways to carry nationals of the following countries on their operating routes:

Cuba, Kenya, Maldives, & Morocco.

Egyptian nationals, with official residence in the UK, can travel on round trip Inclusive Package Tour arrangements from the UK only.

Indian, Turkish and Mexican nationals can travel on round trip Inclusive Package Tour arrangements from the UK only.

Link

Once again very happy for you both Posted Image Posted Image

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Congratulations Briseis. I bet you're over the moon.Turkish airlines fly direct from Istanbul to Birmingham, Edinburgh or Manchester, besides the London airports.

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Thank-you!! Abi you're right- I have spent the entire weekend rushing around the house cleaning hee hee!

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Congratulations on your great news, I'm sure you are over the moon now! How exciting after all this time and hassle!

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