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Appeal timeline for dependent married visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Linchou
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Posts: 33
Joined: Mon Apr 28, 2014 8:24 pm

Appeal timeline for dependent married visa

Post by Linchou » Wed Nov 27, 2019 11:28 am

Hello All,

In case of a married wife dependent visa rejection, what is time period between which an appeal can be submitted?

Can you please also share the general appeal process timeline - how much time it takes for the decision once appeal is been submitted?

Thanks
Lin

THO
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Vietnam

Re: Appeal timeline for dependent married visa

Post by THO » Wed Nov 27, 2019 1:36 pm

I believe it is 30 days to appeal the decision. If it is like my case, you register and pay for your appeal, and then wait about 4 weeks until you will receive a case ref number. Then you can submit your appeal evidence and make your case. Then it about another 4 weeks until you will hear whether the ECO has reversed their decision, or if it will need to go in front of a judge.

If you have decided to lodge a paper appeal (i.e you don't want a court hearing) and the ECO decided they want to stick with their decision, it will go in front of a judge when one is available. From the sounds of things, that could be a while, and even longer if you want to present your case.

Please give more info about your rejection, why and when etc?

Linchou
Newbie
Posts: 33
Joined: Mon Apr 28, 2014 8:24 pm

Re: Appeal timeline for dependent married visa

Post by Linchou » Wed Nov 27, 2019 2:51 pm

Thanks Tho for sharing the detail timeline. I am in process to understand the appeal process as preparation for any issue with the visa application.

As per my understanding there is also an option for administrative review. Is the appeal and administrative review both the same ? If they are different then if you can please help me understand the key differences?

As I understand from your reply, we can file for appeal online and no need for lawyer to represent the case ? My spouse has applied for dependent visa outside the UK. Will the appeal processing needs to be done by me or she has to do it in India ?

Cheers
KC

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CR001
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Re: Appeal timeline for dependent married visa

Post by CR001 » Wed Nov 27, 2019 2:57 pm

As per my understanding there is also an option for administrative review. Is the appeal and administrative review both the same ? If they are different then if you can please help me understand the key differences?
No they are not the same. Admin Review is when the original decision is reviewed by HO when you believe the ECO made an error and note that you cannot submit additional documents for Admin Review, only the original application and supporting documents are considered.. Appeal is through the Appeals tribunal.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

THO
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Re: Appeal timeline for dependent married visa

Post by THO » Wed Nov 27, 2019 3:00 pm

Get a lawyer and get it done right. Make a mistake now and you will be back at the start again, and it is so much longer process and more costly from there. My lawyer was £765, and took the frustration of all the process away from me.

Linchou
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Posts: 33
Joined: Mon Apr 28, 2014 8:24 pm

Re: Appeal timeline for dependent married visa

Post by Linchou » Wed Nov 27, 2019 3:45 pm

CR001 wrote:
Wed Nov 27, 2019 2:57 pm
No they are not the same. Admin Review is when the original decision is reviewed by HO when you believe the ECO made an error and note that you cannot submit additional documents for Admin Review, only the original application and supporting documents are considered.. Appeal is through the Appeals tribunal.
Thanks CR001 for sharing the information. During the administrative review can we mention the point in which we feel that HO case worker may have made a mistake to make sure we communicate the reason we are requesting for the review.

Cheers
Lin

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CR001
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Re: Appeal timeline for dependent married visa

Post by CR001 » Wed Nov 27, 2019 3:51 pm

Are you asking a 'what if' questions or have you actually been refused for a reason???

You appear to only recently have applied for a spouse visa!

immigration-for-family-members/dependen ... l#p1842785

What exactly is your concern??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

AmazonianX
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Re: Appeal timeline for dependent married visa

Post by AmazonianX » Thu Nov 28, 2019 1:49 am

Linchou wrote:
Wed Nov 27, 2019 2:51 pm
Thanks Tho for sharing the detail timeline. I am in process to understand the appeal process as preparation for any issue with the visa application.

As per my understanding there is also an option for administrative review. Is the appeal and administrative review both the same ? If they are different then if you can please help me understand the key differences?

As I understand from your reply, we can file for appeal online and no need for lawyer to represent the case ? My spouse has applied for dependent visa outside the UK. Will the appeal processing needs to be done by me or she has to do it in India ?

Cheers
KC
[/qpuote]
Linchou wrote:
Wed Nov 27, 2019 2:51 pm

You are expecting a refusal?

Linchou
Newbie
Posts: 33
Joined: Mon Apr 28, 2014 8:24 pm

Re: Appeal timeline for dependent married visa

Post by Linchou » Thu Nov 28, 2019 1:42 pm

CR001 wrote:
Wed Nov 27, 2019 3:51 pm
Are you asking a 'what if' questions or have you actually been refused for a reason???

You appear to only recently have applied for a spouse visa!

immigration-for-family-members/dependen ... l#p1842785

What exactly is your concern??
Yes, you are absolutely right that I have recently applied for the visa. I am trying to understand the follow-on process in case of any unforeseen outcome. Like, whether during administrative review I can mention information which I feel HO caseworker may have overlooked? In which circumstances one should opt for appeal and not adminstrative review? Timeline etc.

I am understanding the process and information to avoid eleventh hour haste in case of issue with the application.

Apologies, for taking all of your time for it.

Cheers
Lin

Linchou
Newbie
Posts: 33
Joined: Mon Apr 28, 2014 8:24 pm

Re: Appeal timeline for dependent married visa

Post by Linchou » Tue Dec 24, 2019 10:10 am

CR001 wrote:
Wed Nov 27, 2019 2:57 pm
As per my understanding there is also an option for administrative review. Is the appeal and administrative review both the same ? If they are different then if you can please help me understand the key differences?
No they are not the same. Admin Review is when the original decision is reviewed by HO when you believe the ECO made an error and note that you cannot submit additional documents for Admin Review, only the original application and supporting documents are considered.. Appeal is through the Appeals tribunal.
My spouse got the visa approved. I would like to take this opportunity to thank you @CR001 for your expert advice and moral support.

Wish you happy holidays

Cheers
Lin

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