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Posted

Hi,

My wife has been refused settlement visa for uk and has submitted the appeal since 9th October. We have received the letter from the UK embassy in Thailand to wait for 16 weeks for local review. We have been waiting for 8 weeks already. If you guys have been through appeal process before kindly share your story at lease we have some idea what action we should take next.

Is there any chance that visa will be overturned?

Thanks.

Posted

It can take six months for your appeal . If you have addressed your appeal and answered the refusal questions there is no reason why you cannot overturn a refusal , A lot of people have , there are Some good posters on here with more knowledge than me so keep your head up mate.

Posted
Is there any chance that visa will be overturned?

If any new evidence submitted satisfies the ECM that the refusal should be overturned, then it will be. Otherwise I'm afraid that you'll have to wait for an appeal hearing at the AIT.

Posted
Or re submit a fresh application.

Thai Visa Express, I assume you help some clients to appeal against refusal from British embassy. I hope you would be able to shed some light on the average time your clients get respond from the British embassy base on how many cases you dealt in recent year?

I have been in touch with two persons who fell into same situation as mine. One of them phoned the embassy after 16 weeks and learnt that the embassy sent the bundle of documents back to AIT without reviewing it. The officer said that they will look into his case and ask him to phone back in few weeks time. This make me feel like they don't take our appeal seriously. They keep our document for the whole 16 weeks then just sent them back to AIT in UK to deal with it.

The embassy spend 12 weeks to investigate application which require them to look into several aspects of applicant (e.g relationships, saving and work of sponsor, background of applicant, accommodations and etc). But they require 16 weeks to investigate appeal notice where only one or few aspects needed to be investigated. Logically, investigate Appeal Notice should take shorter time than investigate new application. The whole process is designed to frustrate applicant and force them to re-apply than appeal when get refuse. The more times each applicant apply for visa, the more visa fee they get or the more frustrate the applicant feel and might give up so less people migrate to UK.

Posted
Or re submit a fresh application.

Thai Visa Express, I assume you help some clients to appeal against refusal from British embassy.

You should assure yourself of the standard of OISC qualification before asking assistance in relation to appeals.

It's all on the UK Visas website, but if you submit an appeal to AIT they initially send it to the embassy which refused it for reconsideration by the Entry Clearance Manager (ECM). If the ECM decides that there is no reason to overturn the original decision, then you have to wait until AIT list the case for a hearing.

So if an applicant is refused, they can either wait for the appeal hearing or re-apply. There is no built-in system to force people to pay for further applications rather than appeal.

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