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first tier tribunal Leicester

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

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perpergkg
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Posts: 55
Joined: Mon Mar 07, 2016 8:39 pm

first tier tribunal Leicester

Post by perpergkg » Mon Mar 07, 2016 8:57 pm

hi all,

I applied for a spouse visa back in January, my husband is a British citizen who is my sponsor, unfortunately, we forgot to include his divorce cert and all of the bank statements, so our visa application was rejected. but we were given the chance to appeal

we posted the appeal from the UK on the 11th of January 2016, payment of £140 (oral hearing) was taken on the 1st of February 2016, but since then we have heard nothing, we have spoken to a few individuals at the first tier tribunal and ask how long they think it will take, we get the standard reply of 12-18 months, and they cannot say when they think the appeal bundle will be posted to the British embassy in Delhi.

is anyone experiencing the same? has anyone submitted an appeal around the same time and got anything back? also does the appeal actually go to the BHC in Delhi or does it go to croydon?
04/1/16 UK Spouse application
06/1/16 rejected
11/1/16 appealed
01/2/16 payment
29/3/16 IA10
25/4/16 Original decision withdrawn
20/5/16 Appears thatECO \ BHC Delhi do not communicate
23/5/16 complaint raised
23/5/16 Passport submitted

1MBNish
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Posts: 6
Joined: Mon Mar 07, 2016 10:04 pm

Re: first tier tribunal Leicester

Post by 1MBNish » Mon Mar 07, 2016 10:31 pm

first tier tribunal Leicester
Hi Prepergkg,
I am in a similar situation. My wife applied for a settlement visa from Delhi on the 9th Feb 2016 and her visa refused in the 15th Feb, reason the ECO wasn't convinced that our relationship was "Genuine & Subsisting".
I have appealed 29th feb, payment £140 taken on 1st March 2016. As far as I know,

1. There is no fixed time when they will send the bundle( all the documents you included in the appeal/refusal notification from ECO & your explanation cover letter". From responses on this forums, I take it will take at least 10-15 working days. You will receive a copy of letter which they send to the post in Delhi(which tell you that they have now send your appeal to the post in Delhi for an ECM review).

2. Once the POST(this is the term used for the Entry Clearance location in that country) receives the bundle they have 15 weeks to respond.( Doesn't take that long though, I estimate 20 working days).

3. Good news is the ECM(Entry Clearance Manager) will review your appeal and the additional documents provided. If the ECM is satisfied that the additional evidence provided negates the refusal reason, the ECM will overturn the ECO's decision( ECO: Entry Clearance Officer, the sucker who refused in the first place :D ) and you will be contacted by VFS to submit your passport within 10 working days and then waiting game until you receive your visa.( I hope won't take too long after this)

4. If the ECM decided to upheld the original refusal decision by the ECO, then they inform the Tribunal of their decision and the next stage is escalation of your case in front of an immigration judge. The tribunal will inform of a date( if you have opted for an oral hearing). This could take anything, months, may be years.

Hopefully your case will be decided at the ECM review stage.

Keep posting, if you get the letter or have any update.
thanks

saturn 123789
Member
Posts: 100
Joined: Wed Dec 02, 2015 8:15 pm

Re: first tier tribunal Leicester

Post by saturn 123789 » Mon Mar 07, 2016 10:35 pm

perpergkg wrote:hi all,

I applied for a spouse visa back in January, my husband is a British citizen who is my sponsor, unfortunately, we forgot to include his divorce cert and all of the bank statements, so our visa application was rejected. but we were given the chance to appeal

we posted the appeal from the UK on the 11th of January 2016, payment of £140 (oral hearing) was taken on the 1st of February 2016, but since then we have heard nothing, we have spoken to a few individuals at the first tier tribunal and ask how long they think it will take, we get the standard reply of 12-18 months, and they cannot say when they think the appeal bundle will be posted to the British embassy in Delhi.

is anyone experiencing the same? has anyone submitted an appeal around the same time and got anything back? also does the appeal actually go to the BHC in Delhi or does it go to croydon?
Hi
i have appealed on 25 august 2015 and the payment was taken in mid September and they send us the notice of hearing on the 10 January 2016 although we expected it and we knew the entry clearance manager didn't overturned the refusal decision by email. SO we waited for nearly 4 long months .Our hearing is due in 13 April 2016 and until now we didn't receive any bundle at all.

i think you should wait for the entry clearance manager to review the case first and luckily if he overturned the decision you don't have to go to court and you will have you visa short way,if the is the case they will contact you within one to two month form the date of payment if not its mean you case is in the tribunal and they will send you notice of hearing and its take up to 19 months .

1MBNish
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Posts: 6
Joined: Mon Mar 07, 2016 10:04 pm

Re: first tier tribunal Leicester

Post by 1MBNish » Mon Mar 07, 2016 10:47 pm

Hi saturn 123789,
How did you get notified of the ECM's decision? or did you get a notification of this at all?

Did you get any letter from the first tribunal when they send your appeal to the BHC? If you got any letter or email of this, how long since your first appeal did it take?

saturn 123789
Member
Posts: 100
Joined: Wed Dec 02, 2015 8:15 pm

Re: first tier tribunal Leicester

Post by saturn 123789 » Tue Mar 08, 2016 1:44 am

1MBNish wrote:Hi saturn 123789,
How did you get notified of the ECM's decision? or did you get a notification of this at all?

Did you get any letter from the first tribunal when they send your appeal to the BHC? If you got any letter or email of this, how long since your first appeal did it take?

I sent an email to them in November and they answered me back telling me that they didn't overturned the decision , I have received the notice of hearing in 10 January.
i received the notice of hearing in 10 October so nearly one month after they confirmed the payment.

perpergkg
Junior Member
Posts: 55
Joined: Mon Mar 07, 2016 8:39 pm

Re: first tier tribunal Leicester

Post by perpergkg » Tue Mar 08, 2016 6:54 am

hi all, thanks for the replies. I am not sure what is happening over at Leicester, they take the payment so quickly and then the "bundle" just sits there. they have now had my appeal form for almost 6 working weeks.

I know it can take many months if post\ECM do not overturn the decision, it can even take a time for the ECM to overturn their decision if they are not pushed. 1MBnish, who did you e-mail?

is anyone else on here experiencing the same thing with the First Tier? it is very frustrating that they are quick to take your money, very rude on the phone, do not provide any updates and just expect you suffer. The First Tier cannot even give an indication of "the working queue"
04/1/16 UK Spouse application
06/1/16 rejected
11/1/16 appealed
01/2/16 payment
29/3/16 IA10
25/4/16 Original decision withdrawn
20/5/16 Appears thatECO \ BHC Delhi do not communicate
23/5/16 complaint raised
23/5/16 Passport submitted

batleykhan
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Posts: 3573
Joined: Mon Jul 30, 2007 3:58 pm
Location: West Yorkshire
Contact:

Re: first tier tribunal Leicester

Post by batleykhan » Tue Mar 08, 2016 8:10 am

There is a shortage of Adjudicators at the moment to deal with the large amount of Appeals lodged by applicants.This means lengthy delays, some even delayed by upto 12 months.If people who can prove their refusals, maybe they should consider reapplying again....just a thought !!!.

perpergkg
Junior Member
Posts: 55
Joined: Mon Mar 07, 2016 8:39 pm

Re: first tier tribunal Leicester

Post by perpergkg » Tue Mar 08, 2016 9:40 am

batleykhan wrote:There is a shortage of Adjudicators at the moment to deal with the large amount of Appeals lodged by applicants.This means lengthy delays, some even delayed by upto 12 months.If people who can prove their refusals, maybe they should consider reapplying again....just a thought !!!.
Hi batley Khan,

Why would that impact the way first tier are forwarding the appeal bundle? Why do they not say that on the phone instead of being flippant and dismissive? If they were to say that, maybe we would reapply even though it will cost a further £1300 in "fees"

It's the lack of transparency from first tier that is frustrating.
04/1/16 UK Spouse application
06/1/16 rejected
11/1/16 appealed
01/2/16 payment
29/3/16 IA10
25/4/16 Original decision withdrawn
20/5/16 Appears thatECO \ BHC Delhi do not communicate
23/5/16 complaint raised
23/5/16 Passport submitted

1MBNish
Newly Registered
Posts: 6
Joined: Mon Mar 07, 2016 10:04 pm

Re: first tier tribunal Leicester

Post by 1MBNish » Tue Mar 08, 2016 8:11 pm

Re: first tier tribunal Leicester
Post by perpergkg » Tue Mar 08, 2016 6:54 am

hi all, thanks for the replies. I am not sure what is happening over at Leicester, they take the payment so quickly and then the "bundle" just sits there. they have now had my appeal form for almost 6 working weeks.

I know it can take many months if post\ECM do not overturn the decision, it can even take a time for the ECM to overturn their decision if they are not pushed. 1MBnish, who did you e-mail?

is anyone else on here experiencing the same thing with the First Tier? it is very frustrating that they are quick to take your money, very rude on the phone, do not provide any updates and just expect you suffer. The First Tier cannot even give an indication of "the working queue"
Hi perpergkg,
I didn't email but found the details in this forum about the process. I am surprised that it has taken 6 weeks for you to get an update from the FTT office in Leicester. I appealed only because it was suggested in the forum that appeals can sometimes be quicker than the new application( looking at your case this seems that this isn't the case always), perhaps there is a huge backlog of appeals but 6 weeks just to find out if FTT have sent the document bundle to the POST(for ECM review) is I think too much. I would phone them everyday until they get f*****g mad and decide to send your appeal. Bear in mind the FTT had nothing to do with your refusal at all but because its the government body, I don't have much faith in them for faster turnaround. Perhaps you should try and contact your local MP who may enquire about your appeal with the FTT office,(may be not because of the DATA protection bulls**t) or he could directly write to the UKVI in delhi. Or you can try and write directly to the visa office in new delhi visqry.newdelhi@fco.gov.uk
Cheers

perpergkg
Junior Member
Posts: 55
Joined: Mon Mar 07, 2016 8:39 pm

Re: first tier tribunal Leicester

Post by perpergkg » Tue Mar 08, 2016 8:23 pm

Evening everyone,

thought I would give a quick update, called the FTT again, still no update, I have a feeling they have access to data \ information on the screen that they do not wish to share, (the woman mentioned something about the 17th of Feb and quickly backtracked) I was even insulted to a certain degree by being told that "it is above my understanding to understand the process" I had to keep my cool.

so anyway I am at the end of my tether, my wife is unwell in India, and I am suffering from stress so I contacted my MP today to see if he can do anything, I have forwarded my appeal bundle to him. We shall wait and see.

the cynic is me feels that they just want you to reapply to a: get cash, b: further, improve their, "massaged" completion visa application stats... does anyone know what the visa application fee is used for/ goes to?
04/1/16 UK Spouse application
06/1/16 rejected
11/1/16 appealed
01/2/16 payment
29/3/16 IA10
25/4/16 Original decision withdrawn
20/5/16 Appears thatECO \ BHC Delhi do not communicate
23/5/16 complaint raised
23/5/16 Passport submitted

1MBNish
Newly Registered
Posts: 6
Joined: Mon Mar 07, 2016 10:04 pm

Re: first tier tribunal Leicester

Post by 1MBNish » Tue Mar 08, 2016 8:34 pm

Hi Perpergkg,
Think they sent your appeal bundle to the POST in Delhi, you can actually check with the POST in Delhi to see if they have received any correspondence from the Tribunal. Use the email above or ask you MP to write to them for any update. If it is Feb 17, then its good news to the sense that ECM might be looking at your appeal as we speak(or may be not as its 3 am in the morning in India).

Well keep posting..

perpergkg
Junior Member
Posts: 55
Joined: Mon Mar 07, 2016 8:39 pm

Re: first tier tribunal Leicester

Post by perpergkg » Tue Mar 08, 2016 8:44 pm

1MBNish wrote:Hi Perpergkg,
Think they sent your appeal bundle to the POST in Delhi, you can actually check with the POST in Delhi to see if they have received any correspondence from the Tribunal. Use the email above or ask you MP to write to them for any update. If it is Feb 17, then its good news to the sense that ECM might be looking at your appeal as we speak(or may be not as its 3 am in the morning in India).

Well keep posting..
Hi 1MBNish,

I am not actually sure if it will go to BHC New Delhi, I have a feeling it will go to Croydon, who will recommend to the ECM\ECO if the decision should be overturned.

Something like has been mentioned at this link
http://www.immigrationboards.com/immigr ... 95-20.html


its all smoke and mirrors.. :cry:
04/1/16 UK Spouse application
06/1/16 rejected
11/1/16 appealed
01/2/16 payment
29/3/16 IA10
25/4/16 Original decision withdrawn
20/5/16 Appears thatECO \ BHC Delhi do not communicate
23/5/16 complaint raised
23/5/16 Passport submitted

1MBNish
Newly Registered
Posts: 6
Joined: Mon Mar 07, 2016 10:04 pm

Re: first tier tribunal Leicester

Post by 1MBNish » Thu Mar 10, 2016 7:00 am

Quick update to everyone,

I phoned the Tribunal office yesterday to ask for an update on when they would be able to post my appeal bundle to Delhi. No fixed date but the lady said 2-3 weeks and I should get a letter stating it's been posted. Asked why so long to get things rolling and again same standard response of backlog. I am considering speaking with my MP but wonder if it will be of any help at this stage of the process.
@perpergkg
, did your MP get back to you, did he/she explain where would they contact about their case and any timescales?

Please update

perpergkg
Junior Member
Posts: 55
Joined: Mon Mar 07, 2016 8:39 pm

Re: first tier tribunal Leicester

Post by perpergkg » Thu Mar 10, 2016 8:52 pm

Quick update, I have not heard anything from our mp yet, however they ask for 10 working days to pass before contacting them if we do not hear anything.

FTT say 2 to 3 weeks as some form default pre recorded message, and i do not agree with batley Khan's statement above, that one should reapply.

FTT clearly state that you will be contacted to confirm the appeal bundle has been forwarded to post. the FTT have no input on the decision, they simply perform administrive duties as their own staff put it. So I find it staggering that it's taken almost 8 weeks for nothing to happen.

Please keep proving updates 1mbnish
04/1/16 UK Spouse application
06/1/16 rejected
11/1/16 appealed
01/2/16 payment
29/3/16 IA10
25/4/16 Original decision withdrawn
20/5/16 Appears thatECO \ BHC Delhi do not communicate
23/5/16 complaint raised
23/5/16 Passport submitted

perpergkg
Junior Member
Posts: 55
Joined: Mon Mar 07, 2016 8:39 pm

Re: first tier tribunal Leicester

Post by perpergkg » Tue Mar 15, 2016 8:39 pm

Our MP has decided that they are willing to take up our case. We have submitted the missing evidence to them along with IAFT-2 form. They have advised me that they will do their best to have this resolved, but from past experience, it is unlikely that the ECO will overturn their decision as it was our mistake.

It does make you wonder why the ECO give you the option of appealing, I can only assume to cover their asses. Cynical???

I should expect to hear something within 3 to 4 weeks, not helped that Easter is coming up to slow the process down.

Also, apparently our case has been escalated at POST, not sure what this means as every time I am contacted by the UKVI enquiry desk I get different information A: "we cannot help", B: "we can see that your case has been escalated at post" and variants of the above. Does anyone have experience of dealing with the UKVI enquiry desk?

if it is bad news from our MP we will be reapplying, as we have still not received our IA10 letter from Leicester. Has anyone, who appealed on or around the same time received their IA10?
04/1/16 UK Spouse application
06/1/16 rejected
11/1/16 appealed
01/2/16 payment
29/3/16 IA10
25/4/16 Original decision withdrawn
20/5/16 Appears thatECO \ BHC Delhi do not communicate
23/5/16 complaint raised
23/5/16 Passport submitted

saturn 123789
Member
Posts: 100
Joined: Wed Dec 02, 2015 8:15 pm

Re: first tier tribunal Leicester

Post by saturn 123789 » Fri Mar 18, 2016 3:19 pm

saturn 123789 wrote:
1MBNish wrote:Hi saturn 123789,
How did you get notified of the ECM's decision? or did you get a notification of this at all?

Did you get any letter from the first tribunal when they send your appeal to the BHC? If you got any letter or email of this, how long since your first appeal did it take?

I sent an email to them in November and they answered me back telling me that they didn't overturned the decision , I have received the notice of hearing in 10 January.
i received the notice of pending appeal in 10 October so nearly one month after they confirmed the payment.

1MBNish
Newly Registered
Posts: 6
Joined: Mon Mar 07, 2016 10:04 pm

Re: first tier tribunal Leicester

Post by 1MBNish » Fri Mar 18, 2016 9:28 pm

Hi guys quick update,
We got an email from UKVi asking to submit my wife's passport. Asking my MP to look into my case has worked the magic. She phoned Home Office on monday 14/03/2016 & today-friday(18/03/2016) we got the email.

The ECM has reviewed my wife's case and decided to overturn the original decision. Although I appealed to the first tribunal office in Leicester(my appeal bundle is still sitting at their office), UKVI decided to overturn the decision on the original documents submitted with the application based on my MP's request.

My advice get your MP involved quickly as possible. UKVI will have to get back to MP within 5 working days.
Good luck to everyone who are waiting.

Signing out from the forum..

1MBNish.

Timeline
-----------
09/02/2016: Applied
15/02/2016: Passport received. Refused :(
29/02/2016: Appealed to First Tier tribunal, Leicester
01/03/2016: Payment taken by HM tribunal
nothing happened..
14/03/2016: Spoke to local MP
18/03/2016: Email from UKVI, decision to overturn the original refusal. Passport submission requested.
Will submit the passport.

perpergkg
Junior Member
Posts: 55
Joined: Mon Mar 07, 2016 8:39 pm

Re: first tier tribunal Leicester

Post by perpergkg » Sat Mar 19, 2016 6:48 pm

Congratulations 1MBnish, that is a very quick turn around, you can now start a life together. :). We received an update from our MP, they hope for feedback tomorrow. Caveat, being, the dept cannot actually make decisions but can help the process. I really hope we get good news. its getting harder and harder to be apart :cry:

how do you know about the 5 working days? we got nothing like this.
1MBNish wrote:Hi guys quick update,
We got an email from UKVi asking to submit my wife's passport. Asking my MP to look into my case has worked the magic. She phoned Home Office on monday 14/03/2016 & today-friday(18/03/2016) we got the email.

The ECM has reviewed my wife's case and decided to overturn the original decision. Although I appealed to the first tribunal office in Leicester(my appeal bundle is still sitting at their office), UKVI decided to overturn the decision on the original documents submitted with the application based on my MP's request.

My advice get your MP involved quickly as possible. UKVI will have to get back to MP within 5 working days.
Good luck to everyone who are waiting.

Signing out from the forum..

1MBNish.

Timeline
-----------
09/02/2016: Applied
15/02/2016: Passport received. Refused :(
29/02/2016: Appealed to First Tier tribunal, Leicester
01/03/2016: Payment taken by HM tribunal
nothing happened..
14/03/2016: Spoke to local MP
18/03/2016: Email from UKVI, decision to overturn the original refusal. Passport submission requested.
Will submit the passport.

Eram1122
Newly Registered
Posts: 4
Joined: Thu Jun 16, 2016 6:02 pm

settlement visa

Post by Eram1122 » Thu Jun 16, 2016 6:09 pm

Hi I'm new to this forum can anyone help my husband put his visa for settlement at New Delhi it was refused due to some finical requirement although watt the refused on the document were included in the file ! My solicitor has done a ECM REVEIW which my husband sent it bak to New Delhi on Monday ! How long does it take for them to get back ? Also is there any number we can call for update ? Can any one help plz thank

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