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EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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KrSuma
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by KrSuma » Thu May 22, 2014 4:34 pm

teetee4Z wrote:
KrSuma wrote:Guys,

After waiting for a grueling year, I am finally getting good news.

EEA2 civil partnership application 4/5/2013
Residency refused 3/2014
Appeal and reconsideration sent 3/2014
Reconsideration refused from HO, Appeal hearing 22/4/2014
Appeal allowed 20/5/2014

So If my appeal was allowed, how long does it usually take to hear back from HO / issue my residency?

I wish everyone good luck, its been a hard fight but we say it was worth.
Congrats, based on the others that got their rc after appeal it could be anything from a month to 3 months, hope u get urs sooner.
pls wat was ur appeal based on and how was d experience, I have my appeal coming up soon, hope I can get some help from ur experience.
Thank you :)

My residency was refused because the HO tried to contact the manager of my sponsor's workplace but couldn't confirm my partner's exercise of treaty rights because the manager was simply 'not available'. I appealed against HO's incompetency and that there were significant amount of evidences handed in to the HO during my application. The tribunal saw this and was satisfied with the evidences and thus confirmed my partner's treaty rights basically. Hope this helps, I tried applying for the reconsideration but the HO refused.

teetee4Z
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by teetee4Z » Thu May 22, 2014 5:45 pm

Thanks krsuma, yes ur response helps.

KrSuma
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Posts: 34
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by KrSuma » Thu May 22, 2014 6:22 pm

teetee4Z wrote:Thanks krsuma, yes ur response helps.
speaking of their incompetency, ive also addressed to the tribunal that they took unreasonably long to process my application (11 months), and the statememt on my refusal letter that the 'letter of employment was not on a proper letter-headed format' (which i find it ridiculous to be honest. Had all the contact and the address detail of my sponsor's workplace + manager details). I've said that this was unfair, explained the tribunal about what the letter-headed format is, and after all that time it took for the HO to process my application, their refusal reason to simply say 'they couldn't verify my sponsor's treaty of right' is downright harassment.

On my appeal result these reasons were taken into account, and since the only problem they had was the authenticity of my sponsor's evidence of working, which the tribunal found my sponsor to be qualified (after tons of payslips and additional letter from my sponsor's workplace), the judge was satisfied.

Hope these details helps. I have contacted my local MP of the appeal result (she has been very helpful to speed up my HO's response), and requested her to help me contact the HO to speed up my residency since I want to get my life back on track as soon as possible (I couldnt work or do anything literally for a whole year..).

teetee4Z
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by teetee4Z » Thu May 22, 2014 7:17 pm

KrSuma wrote:
teetee4Z wrote:Thanks krsuma, yes ur response helps.
speaking of their incompetency, ive also addressed to the tribunal that they took unreasonably long to process my application (11 months), and the statememt on my refusal letter that the 'letter of employment was not on a proper letter-headed format' (which i find it ridiculous to be honest. Had all the contact and the address detail of my sponsor's workplace + manager details). I've said that this was unfair, explained the tribunal about what the letter-headed format is, and after all that time it took for the HO to process my application, their refusal reason to simply say 'they couldn't verify my sponsor's treaty of right' is downright harassment.

On my appeal result these reasons were taken into account, and since the only problem they had was the authenticity of my sponsor's evidence of working, which the tribunal found my sponsor to be qualified (after tons of payslips and additional letter from my sponsor's workplace), the judge was satisfied.

Hope these details helps. I have contacted my local MP of the appeal result (she has been very helpful to speed up my HO's response), and requested her to help me contact the HO to speed up my residency since I want to get my life back on track as soon as possible (I couldnt work or do anything literally for a whole year..).
i understand ur frustration all too well, I pray my appeal goes successful as urs and that you get ur RC soon, we all deserve sigh of relief after this long ordeal with HO.

KrSuma
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by KrSuma » Thu May 22, 2014 7:36 pm

teetee4Z wrote:
KrSuma wrote:
teetee4Z wrote:Thanks krsuma, yes ur response helps.
speaking of their incompetency, ive also addressed to the tribunal that they took unreasonably long to process my application (11 months), and the statememt on my refusal letter that the 'letter of employment was not on a proper letter-headed format' (which i find it ridiculous to be honest. Had all the contact and the address detail of my sponsor's workplace + manager details). I've said that this was unfair, explained the tribunal about what the letter-headed format is, and after all that time it took for the HO to process my application, their refusal reason to simply say 'they couldn't verify my sponsor's treaty of right' is downright harassment.

On my appeal result these reasons were taken into account, and since the only problem they had was the authenticity of my sponsor's evidence of working, which the tribunal found my sponsor to be qualified (after tons of payslips and additional letter from my sponsor's workplace), the judge was satisfied.

Hope these details helps. I have contacted my local MP of the appeal result (she has been very helpful to speed up my HO's response), and requested her to help me contact the HO to speed up my residency since I want to get my life back on track as soon as possible (I couldnt work or do anything literally for a whole year..).
i understand ur frustration all too well, I pray my appeal goes successful as urs and that you get ur RC soon, we all deserve sigh of relief after this long ordeal with HO.
good luck to you too, and thanks for your blessings :)

happy1989
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by happy1989 » Thu May 22, 2014 11:34 pm

i had applied for E E A 2 in decambar.. ma partner is eea national. but home office refused ma application, bec they contacted with her empolyer before she stoped working through that agency where they made call. we sent payslips council letters bank letters address.. joint account .. still they refused to grant us RC. aftr that we got right to appeal.. its on 19th may... sometime i think they refused ma case bec i got finishd ma student visa.. i still have valid visa on ma passport .. but it was canceled from home office bec college loosed licence.. immigration came to home before marriage on 2 octuber n detained me. i came out aftr month n got married in 15 nov. now i need more n more suggestion from u friends n i can make best efforts to get RC on hearing... heres ma timeline...........
application sent :- 13 dec
H.O recieved:- 15 dec
C.O.A recieved with right to work :- 13 jan
application refused :-25th march ( with right to appeal )
. what should i do. so they grant me rc........ thanks friendDs


hello ma forum friends.... well i wanna share it with u all that was my hearing in tribunal court... i didnt get any chance to speak in front of judge bec immigration lawyer withdrew the case before any hearing in court... n juss said to send all original documents back again ,, soon will b new decision will b given....... i want to knw what would b now... will they issue me RC or they will reconsider the case again.........or they wil make any other drama .........

john121
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by john121 » Fri May 23, 2014 10:08 am

KrSuma wrote:Guys,

After waiting for a grueling year, I am finally getting good news.

EEA2 civil partnership application 4/5/2013
Residency refused 3/2014
Appeal and reconsideration sent 3/2014
Reconsideration refused from HO, Appeal hearing 22/4/2014
Appeal allowed 20/5/2014

So If my appeal was allowed, how long does it usually take to hear back from HO / issue my residency?

I wish everyone good luck, its been a hard fight but we say it was worth.

Hi all,

Hope you all are fine.

My question is if anybody knows about what's the difference between "reconsideration" and "new application"? Or both are same? If different what is the procedure and how to forward reconsideration? What is better reconsideration or appeal?

KrSuma
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by KrSuma » Fri May 23, 2014 10:15 am

john121 wrote:
KrSuma wrote:Guys,

After waiting for a grueling year, I am finally getting good news.

EEA2 civil partnership application 4/5/2013
Residency refused 3/2014
Appeal and reconsideration sent 3/2014
Reconsideration refused from HO, Appeal hearing 22/4/2014
Appeal allowed 20/5/2014

So If my appeal was allowed, how long does it usually take to hear back from HO / issue my residency?

I wish everyone good luck, its been a hard fight but we say it was worth.

Hi all,

Hope you all are fine.

My question is if anybody knows about what's the difference between "reconsideration" and "new application"? Or both are same? If different what is the procedure and how to forward reconsideration? What is better reconsideration or appeal?
Reconsideration request is when you request the HO directly about reviewing your application.
This link explains how and when you can apply for reconsideration:

https://www.gov.uk/visa-and-immigration ... n-requests

You can make a request if your application was refused and you have any of the following:

-new evidence about the date of the application
-new evidence to prove that your documents were authentic
-evidence that information received by UK Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision

You can also make a request if your application was successful but you believe the type of leave granted or the expiry date of the leave is wrong.
New application is when you make a fresh application for the RC. The relevant EEA forms with documents handed in.

On appeal vs reconsideration, I did both. You can apply for both at the same time. If the reconsideration is accepted, the HO will be asking you to send them certain documents they will need to reconsider, etc.

In my case, the reconsideration was rejected by the HO but my appeal was accepted by the tribunal.

happy1989
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by happy1989 » Sat May 24, 2014 12:05 am

N Whats its mean if immigration respondent(lawyer) withdraw the hearing on same day n says to send original documents............ :?:

john121
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by john121 » Sat May 24, 2014 2:07 am

Hi

Thanks krsuma for your reply. I pray for your ultimate success soon.

Just a few more questions:-

1. Should I have to submit fresh evidences (like new job letter, new bank statement on new address, fresh pay slips etc) in original with my reconsideration letter or I can just mention in letter with brackets that original can be provided to HO on demand. Or can I send photocopies of my fresh evidences to HO with reconsideration letter. Actually may be I need all these to show with my appeal in court if I am thinking to go for appeal as well.

2. What would you suggest should I focus on reconsideration or reapply or appeal. As HO in refusal letter accused me of missing proofs of current residence and "marriage of convenience"?

Thanks

KrSuma
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by KrSuma » Sat May 24, 2014 7:06 am

happy1989 wrote:N Whats its mean if immigration respondent(lawyer) withdraw the hearing on same day n says to send original documents............ :?:
I remember reading somewhere on this thread similar like your case, and usually it means the HO has made a reconsideration and will likely be giving you your RC. Do hand in all the documents that they ask you to send. Contact your solicitor (if there is one) and the HO and try to be patient, it seems like its a good news that the HO withdrew from the court.

KrSuma
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by KrSuma » Sat May 24, 2014 8:05 am

john121 wrote:Hi

Thanks krsuma for your reply. I pray for your ultimate success soon.

Just a few more questions:-

1. Should I have to submit fresh evidences (like new job letter, new bank statement on new address, fresh pay slips etc) in original with my reconsideration letter or I can just mention in letter with brackets that original can be provided to HO on demand. Or can I send photocopies of my fresh evidences to HO with reconsideration letter. Actually may be I need all these to show with my appeal in court if I am thinking to go for appeal as well.

2. What would you suggest should I focus on reconsideration or reapply or appeal. As HO in refusal letter accused me of missing proofs of current residence and "marriage of convenience"?

Thanks
1. If you are thinking of making a fresh application, If the HO still has those previous documents with them (and did not return the documents along with your refusal) then you may mention that in your cover letter with your fresh application. Give them a photocopy and mention that to HO just in case. Besides that, yes you need to hand them everything from the start with updated details - its a fresh application. If you only give them the previous documents from before, it is most likely to be rejected again.

You can only send a written letter for your reconsideration letter and not the evidences just yet - only do so when they respond to your reconsideration and ask you to do so (everything is there on the link I've given you earlier about the reconsideration!). Yes keep as much documents as possible, you will need it for your appeal. Always have copies just in case. I had copies of everything including refusal letters, letters from HO, MP, etc. You never know.

In my case, anything after my application was not accepted from the reconsideration letter, unfortunately. If the HO didnt receive certain documents or evidences before the decision date, they won't accept it most likely.

2. I've read others post similar to your situation - I think you need to explain a bit more in detail about the refusal reasons.

In general, get a good solicitor and go for an appeal. If you have solid evidences of genuine marriage the case is on your side. Even if you reapply in this case, they will most likely be refusing again, unless you provide them with sufficient evidences.

john121
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by john121 » Sat May 24, 2014 2:39 pm

Hi

Thanks for your reply krsuma and others.

Here is a bit detail of my case:-

1. Applied for eea1 and eea2 on 5 feb 14.
2. Changed my address with information to HO.
3. Acknowledgment and coa received.
4. HO team surprise visit my home on 14 may 14.
5. Checked all things including clothes, shoes, cosmetics, posts, photos and chat messages etc.
6. Asked about my wife (she was on work) I said I can
call her she will be here in 10 minutes as she works
nearby. They said no need to call her.
7. They asked me about her job. I said she works on 2
places. They asked in documents it's only one
place. I said she recently started working part time on
an other place as well.

They went back.

After 5 days I received refusal letters for both eea1 and eea2 applications with all complete documents including passport and IDs, with right to appeal or reapply, stating:-

a. They do not live there.
b. Nobody knows them in that house.
c. A mr. claimed to be applicant was not he
actually.
d. They both do not know that much about each other. So
it's a 'marriage of convenience'.

Please advise me what to do next???


Thanks

KrSuma
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by KrSuma » Wed May 28, 2014 1:34 pm

Hey Guys,

Since the decision from the tribunal, I was doing some research online and came across this on the Justice.gov website:

http://www.justice.gov.uk/tribunals/imm ... ppeals-faq

It is helpful and points out on what you can expect after an appeal has been decided + estimated duration on the RC shortly after.

happy1989
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by happy1989 » Fri May 30, 2014 11:41 pm

HI KRSUMA....
yeah reallly thas veryy interesting n informative search u shared...... i read all abt the process aftr hearing is allowed.... ma friend today i got letter from home office that they wil reconsider ma application......so now next see what theyy give result. how long it can take with ur sence to give back result again... ........how abt u......whe u expecting ur rc

teetee4Z
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by teetee4Z » Sat May 31, 2014 3:43 am

Hi guys

please while preparing a bundle, do I arrange all my documents before giving the lawyer or I give the lawyer all my supporting documents for him to arrange and sort out as appropriate?

Thanks in advance.

happy1989
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by happy1989 » Sat May 31, 2014 10:46 pm

teetee4Z wrote:Hi guys

please while preparing a bundle, do I arrange all my documents before giving the lawyer or I give the lawyer all my supporting documents for him to arrange and sort out as appropriate?

Thanks in advance.
Hello friend .... wellll if ur giving money to lawyer thennn he wwill tell u everything that what supporting documents give all those documments to lawyer .. like all new avidence those prove ur eea partner exercising treaty rights in uk..... evn every single prroof that can showthat ur living togather.. .. .ur eea partner new exercising treaty right.. give those all new letthers .. hope this will help u .. good luck....

teetee4Z
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by teetee4Z » Sun Jun 01, 2014 12:03 am

happy1989 wrote:
teetee4Z wrote:Hi guys

please while preparing a bundle, do I arrange all my documents before giving the lawyer or I give the lawyer all my supporting documents for him to arrange and sort out as appropriate?

Thanks in advance.
Hello friend .... wellll if ur giving money to lawyer thennn he wwill tell u everything that what supporting documents give all those documments to lawyer .. like all new avidence those prove ur eea partner exercising treaty rights in uk..... evn every single prroof that can showthat ur living togather.. .. .ur eea partner new exercising treaty right.. give those all new letthers .. hope this will help u .. good luck....
Thanks for your input, I appreciate.

katarina
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by katarina » Mon Jun 02, 2014 7:29 pm

Hello everyone,

. I am a French national and my husband is Cameroonian. We submitted the application on 23 April and just received the refusal with right to appeal on 28 May. Because of 2 reasons:

They said:
" You have not provided evidence that your EEA family member hold comprehensive sickness insurance in the UK."
--> I am a student here and I provided as an evidence of CSI my French European Health Insurance Card. Wasn't aware that it is necessary to have a fully CSI from a UK health insurance covering both my partner and I.

"You have not provided evidence by means of declaration or such equivalent means, that your EEA family member has sufficient resources not to become a burden on the social assistance of the UK during period of residence"
--> The account I provided showed that I have £2000 going into my accounts and £2000 going out. So it is considered as insufficient resources not to become a burden on the social assistance in the UK.


Do you know any insurance who doesn't ask for GP ? Anyway I'm going to get one ASAP.

Concerning the resources, I have a french saving account, that I did not provide on the first application, showing that I always have around £500 in. I am receiving some money in 2 days and planned to put it in. It would have around £1000 then. What do you think? Would it be sufficient to prove that I have enough resources not to become a burden on the UK benefit system?
They also said "evidence by means of declaration or such equivalent means". Would it mean that a simple letter declaring that I have sufficient resources would have been enough? Should I add that as a supporting document along with my french saving account?

My husband have no longer the right to stay in the UK as his visa ended on 9 April. They kept his passeport.

I am really concerned what we should do now:

As I have additionnal supporting documents, should we appeal ? On which grounds? Should we do a brand new application or ask for reconsideration? They have his passport, can we do it?

"The appeal must be made on one or more of the following grounds:
- that the decision is not in accordance with the immigration rules
- that the decision is unlawful because it racially discriminates against you
- that the decision breacheds rights which you have as a member of an EEA National's family under Community Treaties relating to entry to or residence in the UK
- that a discretion under the immigration rules should have been exercised differently
- that the decision is otherwise not in accordance with the law"

We are planning to speak to a free advisor (hopefully) because the finances are very tight. Have people doing the appeal without any representative has win? On average, how much are the fees for this kind of service? Which organisation can we contact?

Please let us know if anyone has came before this situation or have any advices. Please help

katarina
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by katarina » Mon Jun 02, 2014 7:50 pm

I just saw on the gov.uk site that "You can’t make a request if it relates to new evidence that wasn’t received by UKVI before the decision date."
What does it means? In my case, I want to add my saving account bank statement and the insurance that I will get this week...
What do you think? Please advice !!!

KrSuma
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by KrSuma » Tue Jun 03, 2014 8:47 pm

katarina wrote:I just saw on the gov.uk site that "You can’t make a request if it relates to new evidence that wasn’t received by UKVI before the decision date."
What does it means? In my case, I want to add my saving account bank statement and the insurance that I will get this week...
What do you think? Please advice !!!
If you are handing in NEW evidences AFTER the decision has been made (letter of refusal) that would go against their decision, the UKBA will unlikely be accepting your reconsideration request. If this is your case, you should make an appeal and/or make a fresh application.

If you are handing in New evidences BEFORE the decision has been made, you can send in additional evidences if you believe it will support your application.

sam0044
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by sam0044 » Wed Jun 04, 2014 2:40 am

Here is my timeline:-

Date Applied:- 09-01-2014
Interview Held:- 23-05-2014
RC Refused:- 29-05-2014

Reason:- They asked us 48 questions In total, 47 questions we gave correct answers. The only reason for their refusal is to the wrong answer to the question "Where you bought wedding rings from"

I said Argos, my spouse said M&S. My wife was right we bought them from M&S. I still can't believe how I forgot that:(

That's the reason of their refusal, just this one question and now they say because of this wrong answer it's a marriage of convenience.

What a load of crap, they refused us based on just this 1 wrong answer, what about those other 47 questions we got right.

Going to appeal in couple of days:-)

Good luck to everyone who are waiting for a decision, wish you success:-)

allenboo
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by allenboo » Wed Jun 04, 2014 6:40 am

Sam can you give us a brief overview of what are some of the 48 questions if possible

KrSuma
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by KrSuma » Wed Jun 04, 2014 10:00 am

sam0044 wrote:Here is my timeline:-

Date Applied:- 09-01-2014
Interview Held:- 23-05-2014
RC Refused:- 29-05-2014

Reason:- They asked us 48 questions In total, 47 questions we gave correct answers. The only reason for their refusal is to the wrong answer to the question "Where you bought wedding rings from"

I said Argos, my spouse said M&S. My wife was right we bought them from M&S. I still can't believe how I forgot that:(

That's the reason of their refusal, just this one question and now they say because of this wrong answer it's a marriage of convenience.

What a load of crap, they refused us based on just this 1 wrong answer, what about those other 47 questions we got right.

Going to appeal in couple of days:-)

Good luck to everyone who are waiting for a decision, wish you success:-)
wow that sucks. although the wedding ring question is quite important, its cruel for them to stamp you with a reject for getting one question wrong. best of luck dude.

Hubba
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by Hubba » Wed Jun 04, 2014 12:06 pm

KrSuma wrote:
sam0044 wrote:Here is my timeline:-

Date Applied:- 09-01-2014
Interview Held:- 23-05-2014
RC Refused:- 29-05-2014

Reason:- They asked us 48 questions In total, 47 questions we gave correct answers. The only reason for their refusal is to the wrong answer to the question "Where you bought wedding rings from"

I said Argos, my spouse said M&S. My wife was right we bought them from M&S. I still can't believe how I forgot that:(

That's the reason of their refusal, just this one question and now they say because of this wrong answer it's a marriage of convenience.

What a load of crap, they refused us based on just this 1 wrong answer, what about those other 47 questions we got right.

Going to appeal in couple of days:-)

Good luck to everyone who are waiting for a decision, wish you success:-)
wow that sucks. although the wedding ring question is quite important, its cruel for them to stamp you with a reject for getting one question wrong. best of luck dude.
I'd say there are many questions which are much more relevant on assessing the authenticity of a relationship then where the wedding ring was bought. There are people who fumbles to answer correctly their wedding date, for crying out loud (yes, that would be me and my wife - we rescheduled our marriage 2 months before getting married, so we always mismatch the date!)

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