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Appeal for refusal under settlement as a parent

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nevilleturel
Newbie
Posts: 48
Joined: Sat Aug 08, 2020 11:00 am
India

Re: Appeal for refusal under settlement as a parent

Post by nevilleturel » Mon Nov 16, 2020 4:11 am

@secret.simon
you are right by the way about the fee

"If you win your appeal
The Home Office will change (‘revise’) its decision if you win your appeal. The Home Office may reconsider your entire application if your circumstances have changed since you first made your appeal.

The judge may order the Home Office to pay you a ‘fee award’ if you win your appeal, up to the amount you paid for your tribunal fee.

Email the Home Office if you do not get your fee award after 60 days."

nevilleturel
Newbie
Posts: 48
Joined: Sat Aug 08, 2020 11:00 am
India

Re: Appeal for refusal under settlement as a parent

Post by nevilleturel » Tue Nov 17, 2020 8:51 am

Hi, this is a bit urgent. If there are any lawyers here or are confident about this;

I need to know the 28 day period of making an appeal starts from the date the decision is made or the date the applicant comes to know of the decisions.
In my case, they are 2 very different dates.

2nd Nov decision made
9th November I got the email and letter.

I know the online link so please do not point me int hat direction.
it says from the day "I get the decision"

Please let me know any thoughts that are sure. Thanks
I am getting different answers from advocates in India.

AmazonianX
Diamond Member
Posts: 1984
Joined: Tue Jun 11, 2019 1:09 pm

Re: Appeal for refusal under settlement as a parent

Post by AmazonianX » Tue Nov 17, 2020 9:21 am

nevilleturel wrote:
Tue Nov 17, 2020 8:51 am
Hi, this is a bit urgent. If there are any lawyers here or are confident about this;

I need to know the 28 day period of making an appeal starts from the date the decision is made or the date the applicant comes to know of the decisions.
In my case, they are 2 very different dates.

2nd Nov decision made
9th November I got the email and letter.

I know the online link so please do not point me int hat direction.
it says from the day "I get the decision"

Please let me know any thoughts that are sure. Thanks
I am getting different answers from advocates in India.
No one will cone forward to tout their services. If it is to engage services of, the forum does not allow this so you may have to get yourself.

https://www.gov.uk/find-an-immigration- ... an-adviser

nevilleturel
Newbie
Posts: 48
Joined: Sat Aug 08, 2020 11:00 am
India

Re: Appeal for refusal under settlement as a parent

Post by nevilleturel » Tue Nov 17, 2020 2:02 pm

AmazonianX wrote:
Tue Nov 17, 2020 9:21 am
nevilleturel wrote:
Tue Nov 17, 2020 8:51 am
Hi, this is a bit urgent. If there are any lawyers here or are confident about this;

I need to know the 28 day period of making an appeal starts from the date the decision is made or the date the applicant comes to know of the decisions.
In my case, they are 2 very different dates.

2nd Nov decision made
9th November I got the email and letter.

I know the online link so please do not point me int hat direction.
it says from the day "I get the decision"

Please let me know any thoughts that are sure. Thanks
I am getting different answers from advocates in India.
No one will cone forward to tout their services. If it is to engage services of, the forum does not allow this so you may have to get yourself.

https://www.gov.uk/find-an-immigration- ... an-adviser
I am not sure if I have been misunderstood here.
Anyway, if anyone knows for sure about the dates please clarify.

I can look for UK solicitors online no problem if they do quick or one-time consultations.
but if anyone is sure on the dates please let me know.

Fififadi
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Posts: 136
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Appeal for refusal under settlement as a parent

Post by Fififadi » Tue Nov 17, 2020 2:24 pm

28 days from receiving refusal. Not the date on the letter of refusal.

nevilleturel
Newbie
Posts: 48
Joined: Sat Aug 08, 2020 11:00 am
India

Re: Appeal for refusal under settlement as a parent

Post by nevilleturel » Tue Nov 17, 2020 5:24 pm

Fififadi wrote:
Tue Nov 17, 2020 2:24 pm
28 days from receiving refusal. Not the date on the letter of refusal.
Thank you.

nevilleturel
Newbie
Posts: 48
Joined: Sat Aug 08, 2020 11:00 am
India

Re: Appeal for refusal under settlement as a parent

Post by nevilleturel » Thu Nov 19, 2020 1:58 pm

Hi, just thought would update on the situation.

There is a clause and scope for the ECO to consider potential earnings on a fundamental level within the visa rules. but because my application had mistakes and gaps and I never anticipated all this so never declared potential income possibility or cost of living. And show comparatively how I meet them. tragic thing is, by the end of Dec all my funds will qualify for consideration. The decision seems very dismissive, and I understand that the ECO is well within his rights and discretion to make this decision. so close, but not there. after 7 years.
I also get I am to be blamed here.

In light of a few factors in my refusal and disqualification, I have decided not to go ahead with the appeal, as there is judge discretion involved here and I can't bank on that anymore. If I wait I will financially fully qualify for my application.

My relationship was not even questioned in the refusal. which is positive and other factors were not an issue.

I hope that someone reads this post in time in future and learns from all this what needs to be done if they are in a similar situation.

One of my last questions - is there any restriction or timeline bound for me making a fresh application? is there a waiting period or any other condition before I can re apply.

nevilleturel
Newbie
Posts: 48
Joined: Sat Aug 08, 2020 11:00 am
India

Re: Appeal for refusal under settlement as a parent

Post by nevilleturel » Thu Nov 19, 2020 2:17 pm

I would also like to add

My disagreement, voice and subversion is towards a system which is harsh, dismissive, not just, and excessively scrutinising genuine application like mine. It does not mean that these are my sentiments or feeling towards the people or people in general that are related to it.

All individuals on this forum have been respectful, refrain from personal judgement and helpful.

So Thank you.

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:

Re: Appeal for refusal under settlement as a parent

Post by seagul » Thu Nov 19, 2020 2:36 pm

nevilleturel wrote:
Thu Nov 19, 2020 1:58 pm


My relationship was not even questioned in the refusal. which is positive and other factors were not an issue.
Not necessarily be implied as it to be the case because several times not all refusal reasons are pronounced in entirety especially where one gigantic reason alone is sufficient to refuse the application. Anecdotally, myriad of cases do exist when were reapplied then were refused for other reasons which weren't pointed out earlier.
nevilleturel wrote:
Thu Nov 19, 2020 1:58 pm
One of my last questions - is there any restriction or timeline bound for me making a fresh application? is there a waiting period or any other condition before I can re apply.
There is no restriction over reapplying but owlishly unless making a complete overhaul, one shouldn't venture out such perilous manoeuvre. Good luck
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

AmazonianX
Diamond Member
Posts: 1984
Joined: Tue Jun 11, 2019 1:09 pm

Re: Appeal for refusal under settlement as a parent

Post by AmazonianX » Thu Nov 19, 2020 2:45 pm

nevilleturel wrote:
Thu Nov 19, 2020 1:58 pm
Hi, just thought would update on the situation.

There is a clause and scope for the ECO to consider potential earnings on a fundamental level within the visa rules. but because my application had mistakes and gaps and I never anticipated all this so never declared potential income possibility or cost of living. And show comparatively how I meet them. tragic thing is, by the end of Dec all my funds will qualify for consideration. The decision seems very dismissive, and I understand that the ECO is well within his rights and discretion to make this decision. so close, but not there. after 7 years.
I also get I am to be blamed here.

In light of a few factors in my refusal and disqualification, I have decided not to go ahead with the appeal, as there is judge discretion involved here and I can't bank on that anymore. If I wait I will financially fully qualify for my application.

My relationship was not even questioned in the refusal. which is positive and other factors were not an issue.

I hope that someone reads this post in time in future and learns from all this what needs to be done if they are in a similar situation.

One of my last questions - is there any restriction or timeline bound for me making a fresh application? is there a waiting period or any other condition before I can re apply.
IMHO, the above message essentially may be a favorable way to go as per making a fresh application when funds qualify for consideration. While going on appeal is good to seek redress, it appears the system is lopsided and in some ways particularly the time taken from start to finish of appeal punishes applicants who got refused - talk about the wheel of justice grinding slowly.
Going forward, in the fresh application do also seek to ensure a robust address is given to the relationship aspect with your ex and child.
Goodluck.

nevilleturel
Newbie
Posts: 48
Joined: Sat Aug 08, 2020 11:00 am
India

Re: Appeal for refusal under settlement as a parent

Post by nevilleturel » Thu Nov 19, 2020 4:00 pm

nevilleturel wrote:
Thu Nov 19, 2020 1:58 pm

Not necessarily be implied as it to be the case because several times not all refusal reasons are pronounced in entirety especially where one gigantic reason alone is sufficient to refuse the application. Anecdotally, a myriad of cases do exist when were reapplied then were refused for other reasons which weren't pointed out earlier.
nevilleturel wrote:
Thu Nov 19, 2020 1:58 pm


thanks, I will keep this in mind

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