Appeals

[binnsy]

If as in our case my wife was refused a settlement visa to which she she has appealed against the decision of the British Embassy.

How long does it take to have an appeal result?If any readers have been down this road and have any information on how long we are looking at we would be grateful.

[atlastaname]

Binnsy,

i remember you saying you got refused a while back and then it went quiet , but i think we were all surprised.

Regarding time scales , once the appeal is lodged it can take anything up to a year although this dreadfully slow process has been speeded up somewhat since last year and i understand now takes about 6 months ...a lot better but still awfully inefficient. Much of the delay is down to how fast the BE Bangkok despatch the papers to the UK . They have 133 days (19 weeks) from receiving the notice from London to write up , review and reply . If ,like me , you upset them , they can vindictivally put them on the bottom of the pile and manoevre it so they arrive on day 133 (yes they really did that to me !!) but if you haven't upset them then they can be sent within a week (which is what they promised they would do for me but of course it was just a lie).

So that is the answer to your question as most of the waiting time is just that .. waiting for the Embassy to send the papers. When they have sent them the process is quite quick . You will be scheduled a hearing in a few weeks time . Can't see how it can be much less than 6 months from start to finish though , and very very expensive if you use a lawyer.

Remember you can always re-apply if you think you have solved all the refusal points , whilst still keeping the appeal going. If she then gets the visa (which is what happened to me ) then you can cancel the appeal or you can still let it run , although in my case they actually asked to see proof that the appeal had been cancelled before they issued the visa.

[GU22]

Binnsy,

from the AIT's website FAQs

My appeal is not against asylum. How long will it take for my appeal to be heard?

Where should I lodge my appeal?

You can either lodge your appeal at the Entry Clearance Office where the original decision on your application was made, or you can lodge your appeal directly with us at the AIT.

In most cases, an appeal lodged at post will be heard three weeks earlier than appeals lodged with the AIT. This is because the Entry Clearance Office can begin work on reconsideration and preparation of documents as soon as they receive the appeal. They do not have to wait until we notify them.

Appeals lodged with Entry Clearance Offices

For visit visa appeals lodged at post the earliest time an appeal would be heard is, 12 weeks after the appeal was lodged.

For non-settlement appeals lodged at post the earliest time an appeal would be heard is, 16 weeks after the appeal was lodged.

For settlement appeals lodged at post the earliest time an appeal would be heard is 24 weeks after the appeal was lodged.

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Appeals lodged with AIT

Because of the additional time posts have to be given to prepare for an appeal lodged with us, the timescale for appeals lodged with the AIT are slightly longer.

For visit visa appeals lodged directly with AIT, the earliest time an appeal would be heard is 15 weeks after the appeal was lodged.

For non-settlement appeals lodged directly with AIT, the earliest time an appeal would be heard is 19 weeks after the appeal was lodged.

For settlement cases lodged directly with AIT, the earliest time an appeal would be heard is 27 weeks after the appeal was lodged.

[binnsy]

Binnsy,

i remember you saying you got refused a while back and then it went quiet , but i think we were all surprised.

Regarding time scales , once the appeal is lodged it can take anything up to a year although this dreadfully slow process has been speeded up somewhat since last year and i understand now takes about 6 months ...a lot better but still awfully inefficient. Much of the delay is down to how fast the BE Bangkok despatch the papers to the UK . They have 133 days (19 weeks) from receiving the notice from London to write up , review and reply . If ,like me , you upset them , they can vindictivally put them on the bottom of the pile and manoevre it so they arrive on day 133 (yes they really did that to me !!) but if you haven't upset them then they can be sent within a week (which is what they promised they would do for me but of course it was just a lie).

So that is the answer to your question as most of the waiting time is just that .. waiting for the Embassy to send the papers. When they have sent them the process is quite quick . You will be scheduled a hearing in a few weeks time . Can't see how it can be much less than 6 months from start to finish though , and very very expensive if you use a lawyer.

Remember you can always re-apply if you think you have solved all the refusal points , whilst still keeping the appeal going. If she then gets the visa (which is what happened to me ) then you can cancel the appeal or you can still let it run , although in my case they actually asked to see proof that the appeal had been cancelled before they issued the visa.

I think that i was advised wrong by the place next door in Regent House they advised us to go for the Settlement Visa when we intially wanted a visa so wife could visit my family and England for 3 or 4 months.

As i am coming back in December from what you are saying we could apply for a tourist visa which will cover all our intial amount of time for wife to visit.Would this have any adverse affect on the appeal?

And a site cheaper

[GU22]

I think, in all honesty, that Scouse is best placed to answer this.

My opinion, for what it's worth, is that there is nothing stopping her from applying for a visit visa, to meet your family and so she can attend the appeal. However, given she has said that she wishes to reside in the UK and is appealing the refusal of a settlement visa, such an application would be likely to fail on reason to return grounds. Unless you could present a very strong case.

As I said, most of us here are just amateurs and this is outside the range of our experience; Scouse is a professional. Hopefully he can advise.

[binnsy]

As the appeal is going to be heard here is it possible that i could attend?

[atlastaname]

Yes of course you can attend , that is part of the point of the appeal . You can attend and can give evidence if you want to although sometimes your barrister (if you have one ) may advise you to keep quiet and leave it to them. You can present as much new evidence as you wish , this is your chance to put your case as strongly as you can .

The other side will also be represented by the Home Office

Apparently a lot more informal than a courthouse , although probably not a bundle of laughs either. From my understanding , and just to prolong the agony a bit longer , you don't get the judgement on the day but have to wait a week or two. Amazing system isn't it ??

[GU22]

From my understanding , and just to prolong the agony a bit longer , you don't get the judgement on the day but have to wait a week or two. Amazing system isn't it ??

I doubt very much that this has anything to do with prolonging any agony, more likely it is to enable the tribunal to weigh the evidence and make a considered judgement.

[atlastaname]

I don't suppose it is intentionally done to prolong the agony , it just does anyway. And unless your lawyer (if you have one ) tells you that you won't get the answer on the day , i am sure most people roll along expecting their ordeal to be over one way or the other , only to find out right at the end that they have to wait another 2 weeks (roughly) for a decision. That must come as a shock , i know it would to me .

That is the reason i pointed it out , because you can be sure no-one else would have.!!

I could of course furthur say that it doesn't take anything like 2 weeks to make a decision , its just the legal system grinding as slowly as it can . Must be very frustrating for anyone going down this route.

[binnsy]

Atlas

Cheers for all you posts.Yeah i am pissed off but will have to wait for the appeal.Have contacted my local MP and he has written to me a couple of times but i think i won't apply again until the appeal result hopefully i wont need to but aint counting my chickens.

ATB