Uk Fiance Visa Refused Appeal Hearing Given

[norrona]

so my fiance and I are waiting for 26th July for the ECO's to decide whether my appeal against their refusal decision is worthy of being overturned for a couple of reasons that to me are quite trivial and can be explained but to them was enough to warrant a refusal

Since the refusal I have submitted further evidence of the relationship in the way of phone bills, more pictures of us together skype history etc along with covering letters:ermm: in 6 months I have travelled to Thailand 3 times and would beout there again but my work will start to lose patience with me if I take anymore time off

Just wanted to see if anyone else out there has been through this and if the date stipulated on the letter from Tribunals Service is just a rough guide to when they will get round to it or did they actually get an answer on or before the specified date, the letter reads like this

NOTICE OF PENDING APPEAL

The Tribunal has recieved your notice of appeal against the refusal of your application. We have notified the place to which you made your application and asked them to prepare the relevant documents for your appeal. This process is expected to take around 11 weeks:o

The Tribunal will write to you after 26 July 2010 with further details on how and when your appeal will proceed.

You do not need to take any action at this stage

Thanks in advance

[7by7]

See Timescales (out of country appeals)

[seaneee]

I got refused a tourist visa for my wife in March. I appealed what i consider a very weak refusal and i addressed the issues even more fully. The tribunal gave the ECM two months to file their case or approve the appeal. Much to my surprise the specified date passed and the ECM failed to file any papers or approve the visa. The tribunal wrote to me and stated that the papers were not filed on time and asked if i had copies of everything so they could hear the appeal. My appeal is going to be decided next month in the UK and i am keeping my fingers crossed.

Im appalled that the visa section of the embassy had 2 months to review my appeal and didnt even have the common courtesy to submit anything to the tribunal as directed. I called the tribunal and was told that failiure to submit anything is quite common.

It seems to me that the ECO's dont consider the suffering that people endure after refusals. Im dam_n sure that the times allowed for appeals to be heard could be cut in half easily.

Good luck with your appeal, but dont hold your breath.

[rushdentillidie]

Good evening,

As you may be aware from my other post, my wife and i are an the same situation. We where refused a settlement visa on very weak grounds. We have submitted our appeal at the start of this month to the embassy we received a email and my wife got a phone call from them saying that they had received the documents, and would get back in due course.

It is my understating that the visa is first reviewed by the embassy and if it can be overturned it will be done there. I am told this can take up to 16 weeks, i am not sure on the current waiting times. If anybody know this i would be interested to hear. If the visa is not then overturned it will be sent to the UK for a hearing, which i think in total can take 9 months. So either way i think we are in for a long wait. Like you we have sent more evidence to back up our appeal, wherever it works or not is yet to be seen. I am not holding my breath at this time, but we will see.

In the mean time i would suggest that you write to as many people as possible i.e local MP and the embassy, hopefully they will get back to you in time. In our case we have taken legal advise for in the UK and will see how that works. But lucky for me i maybe be able to get a transfer with my work to Thailand, so will be attending interview for this in a few week. So hopefully we will not need the visa anyway.

But i completely understand where you are coming form, about travelling to and from Thailand and the extra costs that are involved. I have found this whole situation most stressful and it my option is down to the way that they UK system is set up. The response from the UK embassy is shocking at best. I really don't know why we have one, when ever there is trouble in Thailand they are nowhere to be found. In the case of my wife I feel we would have been better of on a tourist visa then just not travel back afterwards. It seem to work for many of the hundreds of illegal immigrants already here. If you do things right you seem to get shafted in this country. But that is just my view as my wife and I a stuck in limbo where they is no way we can be together in the UK, but hey that's not against my human rights

But i hope that you get some good news, and let me know how you get on. Hopefully we give us some insight into our appeal as-well.

Regards

[7by7]

I do not know enough about Norrona or Seanee's cases to comment on their refusals.

But, Rushdentillidie, everyone who is familiar with yours knows that the reasons for your wife's refusal were hardly weak!

You have posted the refusal notice (here) and it is obvious that your wife was refused for two reasons.

1) The Thai entry and exit stamps in your passport show that you were not in Thailand on the dates that your wife said that you were with her in Thailand. This may be explained by a confusion over dates.

2) More importantly, there were previous dealings with the UKBA which were not mentioned in her application. You admit in this topic that this was you and another girlfriend who you sponsored for a visit. For this to be relevant to your wife's application it must have been recent; possibly even after you said that the relationship with your wife began. Had you dealt with this other relationship in your wife's application she would probably now be in the UK with her settlement visa!

To be frank, by continuously trying to make yourself out to be a victim of ECO incompetence when this is not the case, you are doing yourself no favours.

Nevertheless, I wish you and anyone else involved in an appeal the best of luck.

I feel we would have been better of on a tourist visa then just not travel back afterwards

Not able to work; no access to the NHS or any other government service, not even a driving licence; no leaving the UK to visit her family in Thailand or for holidays as she wouldn't get back in, continuously worrying that she might be caught, removed and banned from the UK for life; etc. Much better; not!

[norrona]

Very concerned after reading your post Seanee, the main reason is we have already experienced a 10 day delay from when they refused the visa to sending my fiance's passport and explanation back to her which to me I find pretty disgusting!

So because it was delayed by that time it meant I only had 18 days to appeal and get myself straight over to Thailand.....it's all one way traffic!

not very confident at all

will let you know of the outcome should we hopefully get one!

as for rushden and getting her over and claiming assylum, I think that was tongue in cheek to be fair 7by7