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Appeal submitted - no bundle provided by home office

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BordersDivide
Junior Member
Posts: 54
Joined: Fri May 24, 2019 9:10 am
Egypt

Appeal submitted - no bundle provided by home office

Post by BordersDivide » Sat Nov 23, 2019 9:46 am

Hi

My Spouce visa case was refused in summer this year.

Submitted appeal via lawyer.

Got letter from court about procedure and copy of letter they sent to home office requesting bundle

22 November 2019 -deadline for home office to submit bundle. I rang the court and they confirmed no response provided by home office and I will be given date for court....some day.

Question: is it normal for home office to not respond? I mean we all know how they lack professionalism and not meet any deadlines give to them. But how does this reflect on home offices practice in court on hearing day?

Anyone else had similar issue?

Question: how long till court provide me with hearing date? I asked them they refused to comment

My first refusal for Spouce visa for my husband is based on human rights. We have a child who is 3 now and I work part time.

uk7592
Newbie
Posts: 36
Joined: Sun Feb 10, 2019 12:13 pm

Re: Appeal submitted - no bundle provided by home office

Post by uk7592 » Sat Nov 23, 2019 10:18 am

BordersDivide wrote:
Sat Nov 23, 2019 9:46 am
Hi

My Spouce visa case was refused in summer this year.

Submitted appeal via lawyer.

Got letter from court about procedure and copy of letter they sent to home office requesting bundle

22 November 2019 -deadline for home office to submit bundle. I rang the court and they confirmed no response provided by home office and I will be given date for court....some day.

Question: is it normal for home office to not respond? I mean we all know how they lack professionalism and not meet any deadlines give to them. But how does this reflect on home offices practice in court on hearing day?

Anyone else had similar issue?

Question: how long till court provide me with hearing date? I asked them they refused to comment

My first refusal for Spouce visa for my husband is based on human rights. We have a child who is 3 now and I work part time.

Home office is very busy and this is a normal practice to not providing a bundle on a requested date.. but home office will definitely provide a bundle at least 7 days before of your hearing if they do not withdraw their refusal decision

BordersDivide
Junior Member
Posts: 54
Joined: Fri May 24, 2019 9:10 am
Egypt

Re: Appeal submitted - no bundle provided by home office

Post by BordersDivide » Sat Nov 23, 2019 10:28 am

Thanks for your reply
I didn’t realize that was still possible.

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Re: Appeal submitted - no bundle provided by home office

Post by ANKST » Thu Nov 28, 2019 4:49 pm

BordersDivide wrote:
Sat Nov 23, 2019 9:46 am
Hi

My Spouce visa case was refused in summer this year.

Submitted appeal via lawyer.

Got letter from court about procedure and copy of letter they sent to home office requesting bundle

22 November 2019 -deadline for home office to submit bundle. I rang the court and they confirmed no response provided by home office and I will be given date for court....some day.

Question: is it normal for home office to not respond? I mean we all know how they lack professionalism and not meet any deadlines give to them. But how does this reflect on home offices practice in court on hearing day?

Anyone else had similar issue?

Question: how long till court provide me with hearing date? I asked them they refused to comment

My first refusal for Spouce visa for my husband is based on human rights. We have a child who is 3 now and I work part time.
Hi,

I'm in a similar situation. My fiancee visa was refused in June. The last date for the Home Office to submit bundle was 20th November and they haven't yet.

I rang the tribunal yesterday and was told that the hearing will proceed with the documents that I've submitted. It seems unfair in case the Home Office is given more time than 15 weeks to submit a bundle of papers no matter how busy they are.

I don't know if it is usual for the HO to do this regularly or not.

BordersDivide
Junior Member
Posts: 54
Joined: Fri May 24, 2019 9:10 am
Egypt

Re: Appeal submitted - no bundle provided by home office

Post by BordersDivide » Sat Nov 30, 2019 11:34 pm

Here’s another issue regarding home office dropping in a ‘surprise’ bundle - what about the costs I would have paid to a lawyer.

If they could still reverse the decision, then I would have hired a lawyer and they would be ready so I would be throwing away money. Also, it’s just the uncertainty... this is simply unjust.

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Re: Appeal submitted - no bundle provided by home office

Post by ANKST » Sun Dec 01, 2019 4:14 pm

BordersDivide wrote:
Sat Nov 30, 2019 11:34 pm
Here’s another issue regarding home office dropping in a ‘surprise’ bundle - what about the costs I would have paid to a lawyer.

If they could still reverse the decision, then I would have hired a lawyer and they would be ready so I would be throwing away money. Also, it’s just the uncertainty... this is simply unjust.
I can fully understand. I've come across cases where the Home Office submit the bundle on the day of the hearing itself or a couple of days before which shouldn't be allowed according to me.

The possibility that they could still reverse the decision is always there. In my case, I requested them to reconsider their decision through my MP because it was ultimately their mistake that my application was refused. They didn't change the refusal and told me that my case will be looked at differently now because I've lodged an appeal.

I submitted more evidence in support of my appeal after that. I don't know if that's what made them not submit the bundle before the last date.

If the hearing gets adjourned because of no bundle, it's more time and possibly more money to the lawyer as well.

Would be grateful if anyone with any information would let us know what are the possible scenarios in such a situation.

BordersDivide
Junior Member
Posts: 54
Joined: Fri May 24, 2019 9:10 am
Egypt

Re: Appeal submitted - no bundle provided by home office

Post by BordersDivide » Sun Dec 01, 2019 9:53 pm

I don’t think i provided any new documents, just a cover letter prepared by lawyer highlighting home offices oversight.

It’s beyond stupid - home office has us all signing and dancing to provide documents dated 28 days rule such as bank statements, wage slips, employer letter, stamped, attested etc etc and when it comes to them following rules and meeting deadline there’s no regulation. Absolutely ridiculous system

Sadly, it seems considerable option to enter the UK on a inflatable dingy than obtaining a rightful justified visa

If any one does have any experience please do share, I hope not but I do believe this must be happening to more people - not the dingy but appeals!

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Re: Appeal submitted - no bundle provided by home office

Post by ANKST » Mon Dec 02, 2019 2:06 pm

In my case, they ignored financial documents.

My refusal was solely based on the fact that I didn't submit a couple of documents but that is because I was specifically told via customer service phone call and email that the ECO would request any missing documents from me when required. We all know that the scamming paid customer service helpline is the only way to contact the HO while you wait for the decision. If they themselves lie to the customers, it's on them, not us. They have to accept responsibility for giving out wrong information whether they like it or not.

I sent the additional documents and the email and phone call records to the tribunal as proof. Hence, extra documents. I also sent a cover letter along with it. I honestly have no idea what's going on right now. I really hope that they are not given the chance to provide the bundle at a later date, it's very unfair. I wonder if that can be requested from the tribunal.

BordersDivide
Junior Member
Posts: 54
Joined: Fri May 24, 2019 9:10 am
Egypt

Re: Appeal submitted - no bundle provided by home office

Post by BordersDivide » Fri Dec 06, 2019 9:36 am

Thought I’d update you.

I got my letter for hearing 2 days ago - which surprised me as I did anticipate it coming much later.

On the letter, it says that the bundle is still outstanding and will need to be provided 5 days before the hearing. - this was just a tick box on the letter indicating what’s pending for both parties. In my case I have to provide witness statements which were overlooked and referred to on my appeal cover letter.

My appeal date is in 4th week of Jan - not far away. Deciding which solicitor to hire as one already used is overpriced without quality.

Keep us posted about your progress and so will
I

Fififadi
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Posts: 112
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Appeal submitted - no bundle provided by home office

Post by Fififadi » Fri Dec 06, 2019 6:40 pm

Hello

Are you ok to post a timeline from your refusal to receiving tribunal date please?

I’ve appealed my spouses visa refusal too, just want to see current timelines.

Hope all goes well for you, seems like your date has come round quickly?

BordersDivide
Junior Member
Posts: 54
Joined: Fri May 24, 2019 9:10 am
Egypt

Re: Appeal submitted - no bundle provided by home office

Post by BordersDivide » Sat Dec 07, 2019 12:54 am

Hi,

Here’s my timeline

Appeal lodged: 11 July 2019
Notice of pending appeal: 09 August 2019
Notice of hearing letter received: 04 Dec 2019 - letter dated 02 Dec 2019
Appeal hearing: 4th week of Jan (exact date purposely not disclosed on forum)

The hearing date has come around quickly. Rushing now to get everything prepared. Hoping to attend a hearing to get used to the environment - dry run.

Have you appealed recently?

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Re: Appeal submitted - no bundle provided by home office

Post by ANKST » Sat Dec 07, 2019 11:30 am

BordersDivide wrote:
Fri Dec 06, 2019 9:36 am
Thought I’d update you.

I got my letter for hearing 2 days ago - which surprised me as I did anticipate it coming much later.

On the letter, it says that the bundle is still outstanding and will need to be provided 5 days before the hearing. - this was just a tick box on the letter indicating what’s pending for both parties. In my case I have to provide witness statements which were overlooked and referred to on my appeal cover letter.

My appeal date is in 4th week of Jan - not far away. Deciding which solicitor to hire as one already used is overpriced without quality.

Keep us posted about your progress and so will
I
Thanks a lot for the update! It has happened really fast for you. I guess they just allocate the next available hearing date.

I'm assuming I might be receiving a hearing letter soon too.

Can I ask if the tribunal is near your address? Have you found a solicitor yet? I guess you can represent yourself if you are confident about addressing the issues in detail in the hearing. We are definitely leaning more towards that as all the solicitors we have talked to only tell us about a new application instead of trying to help with the appeal.

Please keep us updated with whatever happens!

Fififadi
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Posts: 112
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Appeal submitted - no bundle provided by home office

Post by Fififadi » Sat Dec 07, 2019 1:16 pm

That’s a good idea about attending a hearing, I might do the same.

Yes, have appealed very recently.

My timeline:
Refused: 21.10.19
Appealed: 15.11.19
Notice of pending appeal: 04.12.19
Review deadline: around 18.03.20

When do you have to submit everything by?

BordersDivide
Junior Member
Posts: 54
Joined: Fri May 24, 2019 9:10 am
Egypt

Re: Appeal submitted - no bundle provided by home office

Post by BordersDivide » Sat Dec 07, 2019 7:52 pm

ANKST wrote:
Sat Dec 07, 2019 11:30 am
BordersDivide wrote:
Fri Dec 06, 2019 9:36 am
Thought I’d update you.

I got my letter for hearing 2 days ago - which surprised me as I did anticipate it coming much later.

On the letter, it says that the bundle is still outstanding and will need to be provided 5 days before the hearing. - this was just a tick box on the letter indicating what’s pending for both parties. In my case I have to provide witness statements which were overlooked and referred to on my appeal cover letter.

My appeal date is in 4th week of Jan - not far away. Deciding which solicitor to hire as one already used is overpriced without quality.

Keep us posted about your progress and so will
I
Thanks a lot for the update! It has happened really fast for you. I guess they just allocate the next available hearing date.

I'm assuming I might be receiving a hearing letter soon too.

Can I ask if the tribunal is near your address? Have you found a solicitor yet? I guess you can represent yourself if you are confident about addressing the issues in detail in the hearing. We are definitely leaning more towards that as all the solicitors we have talked to only tell us about a new application instead of trying to help with the appeal.

Please keep us updated with whatever happens!

Hello,

Im in East Midlands, and the hearing is in Nottingham - about 30 miles from me. I did wonder if I got a quicker date not being located in London or other busy cities?

I was also given option to submit new application but appeal is more suitable route for us as it’s a human rights case.

I want to have a solicitor as I am not sure if I can keep my emotions under control - I might not be able to think straight.

If you feel you can represent yourself in court that’s brave. Do research and prepare yourself early as you could get a hearing date closer than you think.

BordersDivide
Junior Member
Posts: 54
Joined: Fri May 24, 2019 9:10 am
Egypt

Re: Appeal submitted - no bundle provided by home office

Post by BordersDivide » Sat Dec 07, 2019 7:54 pm

Fififadi wrote:
Sat Dec 07, 2019 1:16 pm
That’s a good idea about attending a hearing, I might do the same.

Yes, have appealed very recently.

My timeline:
Refused: 21.10.19
Appealed: 15.11.19
Notice of pending appeal: 04.12.19
Review deadline: around 18.03.20

When do you have to submit everything by?
No later than 5 days before the hearing.

Let’s hope you don’t have to wait the full length of time for home office to respond.

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Re: Appeal submitted - no bundle provided by home office

Post by ANKST » Sat Dec 07, 2019 10:01 pm

BordersDivide wrote:
Sat Dec 07, 2019 7:52 pm

Hello,

Im in East Midlands, and the hearing is in Nottingham - about 30 miles from me. I did wonder if I got a quicker date not being located in London or other busy cities?

I was also given option to submit new application but appeal is more suitable route for us as it’s a human rights case.

I want to have a solicitor as I am not sure if I can keep my emotions under control - I might not be able to think straight.

If you feel you can represent yourself in court that’s brave. Do research and prepare yourself early as you could get a hearing date closer than you think.
That might be a reason to get a hearing date so soon. My fiance is in West Yorkshire, so I might be getting a hearing date soon too. I'm getting way more nervous than I should be.

Do what's best for you, getting a good solicitor in time is always better than representing yourself in the hearing.

I'm gonna begin double-checking and see if I need to send any more documents to the tribunal. I will most probably telephone them sometime this week for an update as well.

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Re: Appeal submitted - no bundle provided by home office

Post by ANKST » Sun Dec 08, 2019 12:15 pm

BordersDivide wrote:
Fri Dec 06, 2019 9:36 am
Thought I’d update you.

I got my letter for hearing 2 days ago - which surprised me as I did anticipate it coming much later.

On the letter, it says that the bundle is still outstanding and will need to be provided 5 days before the hearing. - this was just a tick box on the letter indicating what’s pending for both parties. In my case I have to provide witness statements which were overlooked and referred to on my appeal cover letter.

My appeal date is in 4th week of Jan - not far away. Deciding which solicitor to hire as one already used is overpriced without quality.

Keep us posted about your progress and so will
I
Are you required to send your witness statements to the Home Office before the hearing as well?

BordersDivide
Junior Member
Posts: 54
Joined: Fri May 24, 2019 9:10 am
Egypt

Re: Appeal submitted - no bundle provided by home office

Post by BordersDivide » Mon Dec 09, 2019 10:55 pm

Yes witness statements are requested and any additional documents/bundle to also be provided.

Solicitor has suggested to go in with everything so evidence is present at time of hearing.

Also, as my spouse is aboard the solicitor suggested using video link for the hearing so my spouse can be present for any questions the judge might have. This service is provided by third party at addition cost.

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Re: Appeal submitted - no bundle provided by home office

Post by ANKST » Tue Dec 10, 2019 2:45 pm

BordersDivide wrote:
Mon Dec 09, 2019 10:55 pm
Yes witness statements are requested and any additional documents/bundle to also be provided.

Solicitor has suggested to go in with everything so evidence is present at time of hearing.

Also, as my spouse is aboard the solicitor suggested using video link for the hearing so my spouse can be present for any questions the judge might have. This service is provided by third party at addition cost.
Thanks for that information! I didn't know that we can use video link for the hearing. As I am the appellant and my fiance is my sponsor, we were planning that my fiance will attend the hearing because I am outside the UK.

I've already sent in all the extra evidential documents to the tribunal before except the witness statements and they have sent them to the home office.

Do you have the correct email id of the home office where we need to send the witness statements?

BordersDivide
Junior Member
Posts: 54
Joined: Fri May 24, 2019 9:10 am
Egypt

Re: Appeal submitted - no bundle provided by home office

Post by BordersDivide » Thu Dec 12, 2019 8:05 pm

ANKST wrote:
Tue Dec 10, 2019 2:45 pm
BordersDivide wrote:
Mon Dec 09, 2019 10:55 pm
Yes witness statements are requested and any additional documents/bundle to also be provided.

Solicitor has suggested to go in with everything so evidence is present at time of hearing.

Also, as my spouse is aboard the solicitor suggested using video link for the hearing so my spouse can be present for any questions the judge might have. This service is provided by third party at addition cost.
Thanks for that information! I didn't know that we can use video link for the hearing. As I am the appellant and my fiance is my sponsor, we were planning that my fiance will attend the hearing because I am outside the UK.

I've already sent in all the extra evidential documents to the tribunal before except the witness statements and they have sent them to the home office.

Do you have the correct email id of the home office where we need to send the witness statements?
Once you receive your letter of appeal hearing confirming the date you will know where to send any documents. The court address will be provided on that letter.

My previous solicitor sent witness statements already, but for hearing we will be preparing more evidence to rely on. Going in with full ammo!

As you are outside of UK do consider video link - shows your language skills and your willingness to include yourself at given opportunity to persuade the judge and answer questions on the spot clearing any doubts instantly.

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