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PR APPEAL - Appeal waiting Times

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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oraake
Newbie
Posts: 41
Joined: Sun Feb 17, 2008 5:45 pm

PR APPEAL - Appeal waiting Times

Post by oraake » Wed Jan 06, 2016 11:26 pm

Hello good people. As usual, I require some assistance regarding a matter I am presently faced with.

I applied for my PR in OCT 2014. This was denied as HO claims that the EEA national (wife) did not earn enough, that they do not believe she was in employment for the whole 5 years and they would need proof that she worked till end of 2014.

I had the misfortune of hiring a "money fleece" as a solicitor. The EEA national had also worked as a self employed person throughout the 5 years but we initially only submitted her PAYE records as we know that there are no warning thresholds for EEA applications and didn't have the money to engage an accountant.

Anyway, in filing the appeal, we engaged an accountant and all accounts were filed and I wanted to send it to the HO (before the court appeal date) but my solicitor insisted I wait for the court date (in hindsight, I now know this was for him to charge me extra fees). On the court date, the solicitor failed to appear as I declined to pay a trumped up fictitious charge. The tax receipts for the 5 years were not included in the appeal bundle as HMRC systems had some sort of glitch, for some weird reason only the tax receipts for 2013/2014 appeared. A call was placed to HMRC in court and HMRC confirmed that tax receipts for yr 2013/2014 indeed appeared on their systems. I believe I represented myself well in court but now it's been 3 months waiting for the determination of the courts.

Is this wait time normal?

Am I able to continue in employment whilst waiting (as my HR is breathing down my neck)?

The judge mentioned if the determination is not in my favour, I can reapply. In the unlikely event of this, will I still be able to continue in employment?

Obie
Moderator
Posts: 14845
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: PR APPEAL - Appeal waiting Times

Post by Obie » Wed Jan 06, 2016 11:30 pm

As for a replacement COA and that will cover you until a decision is reached.
Judge not, and you will not be judged.

maganzo
Junior Member
Posts: 70
Joined: Mon Feb 01, 2010 6:56 pm

Re: PR APPEAL - Appeal waiting Times

Post by maganzo » Fri Jan 08, 2016 9:02 am

oraake wrote:Hello good people. As usual, I require some assistance regarding a matter I am presently faced with.

I applied for my PR in OCT 2014. This was denied as HO claims that the EEA national (wife) did not earn enough, that they do not believe she was in employment for the whole 5 years and they would need proof that she worked till end of 2014.

I had the misfortune of hiring a "money fleece" as a solicitor. The EEA national had also worked as a self employed person throughout the 5 years but we initially only submitted her PAYE records as we know that there are no warning thresholds for EEA applications and didn't have the money to engage an accountant.

Anyway, in filing the appeal, we engaged an accountant and all accounts were filed and I wanted to send it to the HO (before the court appeal date) but my solicitor insisted I wait for the court date (in hindsight, I now know this was for him to charge me extra fees). On the court date, the solicitor failed to appear as I declined to pay a trumped up fictitious charge. The tax receipts for the 5 years were not included in the appeal bundle as HMRC systems had some sort of glitch, for some weird reason only the tax receipts for 2013/2014 appeared. A call was placed to HMRC in court and HMRC confirmed that tax receipts for yr 2013/2014 indeed appeared on their systems. I believe I represented myself well in court but now it's been 3 months waiting for the determination of the courts.

Is this wait time normal?

Am I able to continue in employment whilst waiting (as my HR is breathing down my neck)?

The judge mentioned if the determination is not in my favour, I can reapply. In the unlikely event of this, will I still be able to continue in employment?

Hi Ora,
I have applied for oral appeal since 03.12.2015.Havent heard from tribunal when my case will be heard.From your experience how long it took from appeal application to the date of hearing

maganzo
Junior Member
Posts: 70
Joined: Mon Feb 01, 2010 6:56 pm

Re: PR APPEAL - Appeal waiting Times

Post by maganzo » Fri Jan 08, 2016 9:04 am

Obie wrote:As for a replacement COA and that will cover you until a decision is reached.

Hi Obie,
I face the same situation at work,my COA of course is expired ,cause of my PR rejected by h/o.I have made an appeal to tribunal.How can i get a replacement COA?Cause my employer seems to be panic,she demands new a new one!

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