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Posted

Need some advice regarding time frame after refusal of entry clearance to the UK.

What is quicker to make the appeal by paper or oral hearing, any adivice on how long this is going to take.

Thanks,

NFS

Posted

^ Is it not clear from the Notice of Appeal that you/the applicant were given? The grounds for refusal should be on there as well as your/their right of appeal and the address to send the appeal to. There is a ten-day time limit for putting in the appeal assuming they weren't asked to leave the country immediately. The appeal can be to the independent adjudicator first, a full appeal hearing can take months. Get legal advice on the appeal if possible. Good luck.

Posted

I am currently going through this at the moment, due to my step daughter being refused a family visit visa on Monday. I was going to appeal until I spoke to the first tier tribunal service in Leicester. They say a basic appeal can take a minimum of 4 months. 11 days for them to say they got your appeal, they then have to send it back to the clearance office that you applied at, they have eleven days from then to tell you that they have received it, then another 11 days to reply back to first tier tribunal. All your paperwork then has to be sent back to uk first tier tribunal with the clearance officers first decision on refusal. First tier can then take upto 3 months to arrange date and time of your hearing dependant on if you want paper or oral hearing. They did mention that paper hearing is quicker, but depends on any additional paperwork required from you.

After talking to one of my work collugues who is a Nigerian now resident in uk for 6 years, who in the past has tried to get his mother and sister over for uk family visit. Both refused. He appealed for mothers case, took 8 months to finalise outcome, with his sister he re-applied with additional letter discussing the points for refusal, the original refusal was overturned in 10 days and his sister was given visit visa.

I my case I have decided to re-apply for step daughters visa.

Good luck with whatever course you take

  • 2 weeks later...
Posted

Well done. A good result. I think this reinforces much of the advice, given in earlier posts, that it is always worth appealing in cases where there is a full right of appeal. This application obviously did not go to appeal, and the decision was overturned at the ECM Review stage. Presumably the grounds of appeal and any further documents were sufficient to persuade the ECM that the visa should be issued. My advice in a previous post stands:

http://www.thaivisa.com/forum/topic/447215-step-daughter-uk-visit-visa-refusal/

ECOs are under pressure to make a decision on the documents provided with the application, a so-called " evidence based " decision. This means that, if the documents are not good enough, or are incomplete, then the application will be refused. It is then necessary to provide good grounds of appeal, and further documentatiion, for the ECM Review and/or any subsequent appeal. I'm not entirely persuaded that this process is a good use of resources by the visa section as it it involves a lot of work at the review stage when a simple phone call for further documentation, or for clarification, at the application stage may well have prsuauded the ECO to issue. However, this is the way UKBA want their visa application process to be operated. They want immediate decisions by the ECOs, not applications deferred for further enquiries.

Posted

Well done. A good result. I think this reinforces much of the advice, given in earlier posts, that it is always worth appealing in cases where there is a full right of appeal. This application obviously did not go to appeal, and the decision was overturned at the ECM Review stage. Presumably the grounds of appeal and any further documents were sufficient to persuade the ECM that the visa should be issued. My advice in a previous post stands:

http://www.thaivisa....t-visa-refusal/

ECOs are under pressure to make a decision on the documents provided with the application, a so-called " evidence based " decision. This means that, if the documents are not good enough, or are incomplete, then the application will be refused. It is then necessary to provide good grounds of appeal, and further documentatiion, for the ECM Review and/or any subsequent appeal. I'm not entirely persuaded that this process is a good use of resources by the visa section as it it involves a lot of work at the review stage when a simple phone call for further documentation, or for clarification, at the application stage may well have prsuauded the ECO to issue. However, this is the way UKBA want their visa application process to be operated. They want immediate decisions by the ECOs, not applications deferred for further enquiries.

Thanks for the advice given.

NFS

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