Appeal Follow Questions

[JonnyP]

I Posted on this forum around december last year when my fiancee was refused a visa due to reasons we could prove otherwise.

i applied for an appeal against the descision and attended court on the 27th of July this year in the UK.

We won the appeal and are now waiting (more ) for the follow up.

my appeal representitive told me the process now is as follows:

the home office have 28 days to appeal against our sucess,

after that a letter is sent to the embassy in bangkok and then they will do the rest.

it could take 1 - 3 months.

can anybody please shed a little more light on exactly what happens and if possible state rough times for the steps.

i ask this because my fiancee is a little worried that it will never happen.

i am not but the more i know the better i can make her feel about waiting

Many thanks in advance.

Jonny

[jhj2000]

I think it will depend on how much you push it. I would send an E. mail to the emassy stating that you want the visa urgently. Get your girl friend to take or post her passport to the embassy and they should return it stamped within a few days. Your visa has already been granted by the tribunual and just needs a stamp in the passport. They might try to fob you off by saying the paper work is still in London but just push them and even E mail your M.P. if things are starting to drag.

[the scouser]

Hi Jonny,

Your representative is correct, the Home Office has 28 days in which to seek leave to appeal (LTA) to the Tribunal. On the 29th day contact the Independent Appellate Authority (IAA) and establish whether the HO has sought LTA. If not then your fiancée can go to the embassy and ask that they endorse the visa in her passport. She should show a copy of the letter, called the determination, setting out the reasons why the adjudicator found in her favour which you should have received when the appeal was allowed. They can only refuse to give your fiancée the visa if her circumstances have materially changed since the original application.

LTA to the Tribunal will only be granted if the adjudicator erred in law in making his/her decision. This is most unlikely and the chances are that the HO will not seek it. If you don't want to wait the 28 days then you can phone the HO presenting officer who dealt with the case and enquire whether he/she is to go for the LTA. If not then get a fax/e-mail off him/her confirming this and your fiancée can immediately go to the embassy and get her visa.

Hope that helps,

Scouse.

PS - A pedantic legal aside. The previous poster said that your case has already been considered by the Tribunal. This is not so. The Tribunal is the next step up the ladder, followed by the Court of Appeal and, ultimately, the House of Lords.

[JonnyP]

thanks for you feedback guys.

i am going to ask my fiancee to telephone the immigration officer and ask when he can stamp her passport.

things are finally starting to look up.

we have waited soo long for this.

"Good things come to those who wait".

Thank You