Appeal or start over?

[Girly]

Hi - I have friends who were rejected almost immediately for the fiance visa, apparently because the UKBA could not find evidence of their relationship. They of course have a right of appeal, but were thinking starting over with a whole new application is the way to go. I told them about this forum but I don't think they registered, so thought I would ask. Any thoughts on:

1. whether to appeal or start over - costs, irritating the UKBA with another file rather than sticking with same reference/file, etc?

2. how long it takes to get through appeals process?

3. possibility of success if they provide evidence?

4. What evidence should they provide?


Thanks for any help!

[batleykhan]

Before anyone can answer your friends questions, I think they need to give the exact word for word reasons for their refusal.From the refusal notice people would be in a position to give you their opinions as whether it would be best to appeal or reapply

[Girly]

Thanks and yes agreed, but they haven't told me what exactly the letter said. I asked, but no info. So... More of a general question about appeals process then, assuming it's because of lack of evidence of their relationship.

[vinny]

See also Appeals (APL).

[Girly]

Yes, thanks Vinny - I've been on the UKBA site too. I'm hoping to get some practical experience sort of feedback if at all possible.

My main question is if you've been given the right of appeal, which is better/required - start all over again with a new application, or go with the appeal route? I haven't seen that in the UKBA information so far, maybe I'm missing it.

[Casa]

It depends on the application, documents originally submitted and reasons for refusal. In order for anyone to give an opinion as to the best option, you would need to give more detailed information, which at present you're unable to do.

[vinny]

My main question is if you've been given the right of appeal, which is better/required - start all over again with a new application, or go with the appeal route? I haven't seen that in the UKBA information so far, maybe I'm missing it.

Possible to do both, keeping the options open.

Appeal. Produce additional evidence (85(5)). Wait and see if ECM overturns the refusal.

[flyguy]

New evidence will be considered post decision evidence, so most likely not acceptable for appeal process

[vinny]

This is not a PBS appeal. Hence, 85A is not applicable.

[Greenie]

New evidence will be considered post decision evidence, so most likely not acceptable for appeal process

not necessarily. New evidence that relates to the circumstances as the date of decision should be considered in an appeal.