Appeal Success

[uaelaelil]

Well its been a long journey and almost at the end now

Settlement visa applied for on the 20th May 2009,

Refused on the 14th Aug 2009

Appeal submitted 11th Sep 2009

Appeal date set 23rd April 2010

Appeal Judges determination 10th May 2010 Granted

After just about a year I can finally look forward to picking up my wife and bring her home.

The next process I am informed can take about 8 weeks for all the paperwork to filter through to the embassy etc and she can finally get her settlement visa stamp and can continue with our lifes back in the UK.

Its been a long hard slog but worth it in the end =)

[norrona]

glad you got your visa

because this has gone to court and you won do you get any chance to claim for costs for Lawyer etc?

Edited May 11, 2010 by norrona

[jasonr3255]

Well done to you fella..!

I'm glad you overturned those sh***ters, in all fairness the majority of settlement visas are genuine cases yet they have to turn the odd one or two down. I had a settlement turned down before, for my wife and it was near on perfect yet some smart ECO felt he had the power of god in his hands and chose to refuse on a very weak incompetent matter, hence I considered appealing but I was aware of the drawn out process, so I re-applied submitting the substansive evidence (or ECO Incompetence) and was lucky that I found an ECO that had got out of bed the right side this particular day. Well done crack open the champas...............

[bobrussell]

Congratulations - you were going through your dramas with UKBA at the same time as my wife and daughters applications went through last year. It is a great shame that peoples lives have to be put on hold for such long periods after sometimes random decisions. I am delighted for you - best of luck!

I accept that there are a large number of applicants that try it on - perhaps the UKBA should check this forum. If anyone is motivated enough to post on this forum they must be genuine!!!

(if that got out the bogus applicants would start posting here so perhaps not such a good argument!!!)

[7by7]

Congratulations, uaelaelil. I have to admit that I was concerned that her previous breaches of the rules would make a successful outcome difficult.

When you have the judgment, would you mind posting the reasons for overturning the refusal? I'm sure it will be of interest and help anyone who is in a similar position.

[uaelaelil]

Thanks all for your replies

Will post the Judges judgment/findings once I get the letter through.

Still have a few questions though like.....

My wifes TB cert is now out of date so do we need to get a new once done ?

Also flights I will be flying out to pick her up and a small holiday how is the best method to book her and my tickets at the same time, as have been looking at some one way flights etc ThaiAir looking at 1000 pounds up easy for a oneway flight. I would rather fly direct as a lot easier.

Uael

[uaelaelil]

Thought I would post a update.

Well the saga continues, comming upto 13 = 14 weeks since our determination and we are still waiting on a call letter / phone call from the embassy.

Have been calling around and searching around on the net a this should have been all processed within about 8 weeks so why the delay ?

Have contacted the embassy and they havent recived anything then chased up the AIT they confirmed derermination was sent to all parties.

Have also got my MP helping out and has sent out varoius letters and made a few phone calls to find out whats going on. I eventually mamanged to get in contact with the POU unit that was dealing with our case and talked to a very helpfull gentleman at the unit. And have managed to find out that they havent recived the determination from the AIT, (strange as we did) So he took our details and has chased the AIT for a copy of the determination.

Hopefully things will progress quickly now as my wife is fast approching the 34 weeks pregnant till she carn't fly back home =/ currently 25/26 weeks

Uael

[Mercury]

As someone waiting for the outcome of a settlement visa application, I have looked at the appeal process and the associated costs, largely for legal representation. My gut feeling is that addressing the issues in the refusal letter and making a new application is probably, for some, the best option.

As for flights, I have also been looking at direct options. British Airways is around Bt28,000 inclusive o/w on the cheapest days out as far as the middle of September. Some local agents may be able to better that and on occasion, phoning BA can produce a GBP price which is better than the THB one converted. They have agreed that I could pay and have my partner fly one way without my having to show a credit card etc. www.ba.com

[uaelaelil]

Wife had a call from the embassy this morning, and has made a appointment for her visa/stamp collection next Tuesday.

Finally it looks like this is coming to a end and can continue with a normal life.

Nuts looking at direct flights from Bangkok almost twice the cost of a return flight from the uk atm.

[norrona]

I have read your posts with a wide open mouth and a sick feeling in my stomach as I am currently going through appeal for my fiancee....

why is the wait so long from day of the judge granting the visa, is it incompetence or is that just how it goes?

as much as I like to read a success story well eventual success story I am gobsmacked that you have had to wait all this time and fear that all appeals will take just as long.

I did ask before but obvioulsy you had bigger things on your mind so have to ask again...

because this has gone to court and you won, do you get any chance to claim for costs for Lawyer etc?

[Mercury]

British Airways has one way from about 28k including taxes on certain dates going forward but I agree, many near dates are creeping up in price and some dates only have biz class left !