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Settlement / Spouse Visa Appeal Timelines - FROM INDIA ONLY

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

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vanakkamchennai
Junior Member
Posts: 91
Joined: Wed Aug 05, 2015 12:27 pm

Settlement / Spouse Visa Appeal Timelines - FROM INDIA ONLY

Post by vanakkamchennai » Thu Sep 17, 2015 4:55 pm

My wife's spouse settlement visa application was refused on Sept. 2 in Chennai, and we have appealed against it. After listening to so many people in this forum, I thought of listing down the appeal procedure for the benefit of everyone. Please keep asking your questions if any.

JUST TO MENTION, YOU CAN SUBMIT NEW EVIDENCES TO JUSTIFY YOUR APPEAL. SO TRY TO ADD AS MUCH AS DOCUMENTS IN YOUR APPEAL TO COVER THOSE POINTS MENTIONED IN YOUR REFUSAL LETTER.

Timeline so far:
July 6, 2015 - Applied in Bangalore VFS & Biometrics taken
July 7, 2015 - Received email from Chennai BHC, Email went into Spam in Yahoomail. Marked as not a spam.
[Contacted Home office twice through Email for status]
Sept 3, 2015 - Received email from Chennai BHC that decision achieved, and documents posted to VFS
Sept 4, 2015 - Passport received. IAFT-6
Sept 6, 2015 - Submitted IAFT-6 online appeal for hearing (paid £140) through online (Done by husband as sponsor and representative. No lawyer so far): https://immigrationappealsonline.justic ... k/IACFees/
Sept 8, 2015 - Documents posted from UK. No originals kept in the envelope. Required documents were sent to me by my wife as a scanned copy.
Sept 9. 2015 - Document reached the Tribunal, and signed delivery note was backed up as a proof.

Now awaiting to hear from the Tribunal.

My refusal was based on "relationship was genuine and subsisting", which I feel refusal is more cruel, because I have waited for 43 working days (close to 2 months) and paid £1000 as processing fee, the case worked should have given an opportunity to provide the documents asked to prove the relationship is subsisting. The documents mentioned are call history, chat/email/skype history, or travel itineraries etc. which the home office can no way verify. Also, I worked in the same company for 7.5 years, and stayed in same apartment of my own for 7.5 years. The worst case, the case worker should have called my wife for an interview with those supporting evidence to prove the relationship is subsisting, which could have been better than the frustration that I have at the moment.

We decided to go for appeal even though many of my friends said to go for re-apply and we were comfortable in re-apply because (i) I felt I didn't make any mistake, and provided all official documents, met the financial requirement well with a reasonable margin. (ii) We don't want to see any visa refusal history, as my wife is just starting her life in UK, (iii) Most importantly we both together decided, we can cross this hurdle.

We have supplied as many documents as possible while posting them for appeal because we don't want to see any more disappointments. We also have added a very well listed cover letter, with relevant sections highlighted in all documents by using a highlighter. This is just to ease the life of the case worker.

Following are the documents supplied.
A1 – Notice of immigration decision, Refusal of Entry Clearance

A2 – Proof of subsisting relationship
a. Certificate of Registration of Marriage, dated xx/xxx/xxxx
b. Certificate of Marriage, dated xx/xxx/xxxx
c. Photos taken during marriage, blessing, wedding ring exchange
d. Flight invoice of my husband’s India visit to Bangalore – issued by Southall Travels
e. Etihad itineraries for London to Bangalore & Bangalore to London via Abu Dhabi
f. Proof of on-board luggage for London to Bangalore & Bangalore to London
g. My husband’s resident permit card valid till xx/xxx/xxxx
h. My husband’s passport personal pages & immigration stamp of his visit to Bangalore
i. Invoice of Hotel accommodation in Bangalore
1. Accommodation on xx/xxx/xxxx near to my home address
2. Accommodation on xx/xxx/xxxx for a double suit near Bangalore airport
j. Facebook screenshot of my friends congratulating me on my marriage
k. Email communications
1. Email sent on xx/xxx/xxxx
2. Email sent on xx/xxx/xxxx
3. Email sent on xx/xxx/xxxx
l. UPS invoice of my personal belongings sent to my husband’s address
1. 23 Kg posted on xx/xxx/xxxx
2. 25 Kg posted on xx/xxx/xxxx
m. My gift purchases to my husband
1. Purchase of Kurta/Men’s Top on xx/xxx/xxxx
2. Purchase of Pen Rubinato (Ostrich feather vintage pen) on xx/xxx/xxxx
n. My husband’s purchase of my welcome gift (DSLR Kit) on xx/xxx/xxxx
o. Proof of money sent to India for family maintenance
1. £309.68 (INR 30,000) sent on xx/xxx/xxxx
2. £152.92 (INR 15,000) sent on xx/xxx/xxxx
3. £149.28 (INR 15,000) sent on xx/xxx/xxxx
4. £96.95 (INR 10,000) sent on xx/xxx/xxxx
p. HDFC bank statements confirming money received
q. Complete Call History
1. Talk home calling card copy – Showing London access number 0208 150 5004
2. Husband’s XX mobile bills for his mobile number 0XXXXXXXXXX showing the call history of London access number and duration. Note that, a detailed TalkHome call history is requested by my husband. However, it is not ready while making this appeal. This will be provided at a later stage.
r. Skype call history since xx/xxx/xxxx
s. WhatsApp message/Call history since xx/xxx/xxxx

A3 – Proof of Husband’s Employment
a. Letter from employer confirming start of employment (xx/xxx/xxxx), Permanent employment, and annual salary of £xxxxxx
b. Payslips from June 2014 to August 2015
c. My husband’s P60 for the year 2014 – 2015
d. HSBC bank statements from 19th June 2014 – 22nd August 2015
e. My husband’s company ID card confirming the company (XXXXX) and Employee Number (XXXXXX)

A4 – Accommodation
a. Letter from the landlord confirming my husband is the only tenant, and no-objection in me accommodated in that house
b. Electricity bill as of xx/xxx/xxxx
c. Annual gas summary between 2nd Sep 2014 – 1st Sep 2015, as of xx/xxx/xxxx
d. Gas statement as of xx/xxx/xxxx

A5 – Proof of English
a. British council’s letter
b. IELTS certificate

A6 – TB Certificate
a. TB test certificate
b. X-Ray report

A7 – Other documents
a. My current passport (second one) personal pages
b. My previous passport (first one) personal pages

Those who are interested, here is the cover letter:
7th September, 2015
To,
First-tier Tribunal (Immigration and Asylum Chamber) PO Box 6987
Leicester
United Kingdom. LE1 6ZX

Sub: UK Spouse Settlement - Appeal
Respected Sir/Madam,

I, XXXXXXXXXX, wish to appeal against the decision to refuse my entry clearance made in Chennai on 2nd September 2015.
The details of myself and my husband along with the list of documents enclosed are as given below:
(Kindly Note -- my husband is to be deemed as the Representative and also My Sponsor)
******************************************
Applicant - -------------------------> XXXXXXXXXXXX
Representative / Sponsor ---> XXXXXXXXXXXXX
******************************************
Documents:
A1 – Notice of immigration decision, Refusal of Entry Clearance

A2 – Proof of subsisting relationship
a. Certificate of Registration of Marriage, dated xx/xxx/xxxx
b. Certificate of Marriage, dated xx/xxx/xxxx
c. Photos taken during marriage, blessing, wedding ring exchange
d. Flight invoice of my husband’s India visit to Bangalore – issued by Southall Travels
e. Etihad itineraries for London to Bangalore & Bangalore to London via Abu Dhabi
f. Proof of on-board luggage for London to Bangalore & Bangalore to London
g. My husband’s resident permit card valid till xx/xxx/xxxx
h. My husband’s passport personal pages & immigration stamp of his visit to Bangalore
i. Invoice of Hotel accommodation in Bangalore
1. Accommodation on xx/xxx/xxxx near to my home address
2. Accommodation on xx/xxx/xxxx for a double suit near Bangalore airport
j. Facebook screenshot of my friends congratulating me on my marriage
k. Email communications
1. Email sent on xx/xxx/xxxx
2. Email sent on xx/xxx/xxxx
3. Email sent on xx/xxx/xxxx
l. UPS invoice of my personal belongings sent to my husband’s address
1. 23 Kg posted on xx/xxx/xxxx
2. 25 Kg posted on xx/xxx/xxxx
m. My gift purchases to my husband
1. Purchase of Kurta/Men’s Top on xx/xxx/xxxx
2. Purchase of Pen Rubinato (Ostrich feather vintage pen) on xx/xxx/xxxx
n. My husband’s purchase of my welcome gift (DSLR Kit) on xx/xxx/xxxx
o. Proof of money sent to India for family maintenance
1. £309.68 (INR 30,000) sent on xx/xxx/xxxx
2. £152.92 (INR 15,000) sent on xx/xxx/xxxx
3. £149.28 (INR 15,000) sent on xx/xxx/xxxx
4. £96.95 (INR 10,000) sent on xx/xxx/xxxx
p. HDFC bank statements confirming money received
q. Complete Call History
1. Talk home calling card copy – Showing London access number 0208 150 5004
2. Husband’s XX mobile bills for his mobile number 0XXXXXXXXXX showing the call history of London access number and duration. Note that, a detailed TalkHome call history is requested by my husband. However, it is not ready while making this appeal. This will be provided at a later stage.
r. Skype call history since xx/xxx/xxxx
s. WhatsApp message/Call history since xx/xxx/xxxx

A3 – Proof of Husband’s Employment
a. Letter from employer confirming start of employment (xx/xxx/xxxx), Permanent employment, and annual salary of £xxxxxx
b. Payslips from June 2014 to August 2015
c. My husband’s P60 for the year 2014 – 2015
d. HSBC bank statements from 19th June 2014 – 22nd August 2015
e. My husband’s company ID card confirming the company (XXXXX) and Employee Number (XXXXXX)

A4 – Accommodation
a. Letter from the landlord confirming my husband is the only tenant, and no-objection in me accommodated in that house
b. Electricity bill as of xx/xxx/xxxx
c. Annual gas summary between 2nd Sep 2014 – 1st Sep 2015, as of xx/xxx/xxxx
d. Gas statement as of xx/xxx/xxxx

A5 – Proof of English
a. British council’s letter
b. IELTS certificate

A6 – TB Certificate
a. TB test certificate
b. X-Ray report

A7 – Other documents
a. My current passport (second one) personal pages
b. My previous passport (first one) personal pages

I believe that the information I have provided is satisfactory, however if you have any questions or queries or require additional information regarding any aspect of the application, please do not hesitate to contact me via any mode of communication noted below.

Email ID: XXXXXXXXXXXX
Mobile Number: XXXXXXXXXXXX
Address:
XXXXXXXXXXXX
XXXXXXXXXXXX
XXXXXXXXXXXX, Bangalore
India - XXXXXXXXXXXX

I would like to hereby confirm that the information and documents enclosed are all true and copy of the original documents which I can produce if required.

Thanking you.

Yours sincerely,
XXXXXXXXXXXX

I read quite a lot of forums and websites about the whole appeal process, and the whole appeal process has the following stages. Based on the success story of @RkSC in this forum, the expected days could be 21+25+21 days if the decision is overturned by the home office. (http://www.immigrationboards.com/immigr ... 85835.html)
1. Once the appeal is made to tribunal, documents should be posted.
2. Tribunal takes up to 3 weeks to post the documents called appeal bundle to the home office for review. In my case, I expect the bundle to be posted through GOV's internal postal system to Chennai BHC.
3. Home office will review it and should respond within 28 days whether they would like to overturn or would like to stand with their original decision.
4. If overturned, concerned BHC will contact and ask for the passport. Visa should be issued within 10 working days.
5. If Home office decide to stick with what they have already decided, then they send the bundle back with their write-up to Tribunal and the tribunal sets up a hearing date, where Home office lawyer and the applicant's representative will attend the hearing. The representative can also be a lawyer.


All the best to those who appeal. Hope this helps to those appealing. Don't worry, this is not the end of the world. Take care.
30JUN15–Online application
06JUL15-Biometrics
04SEP15-Refused
07SEP15-Appealed
08SEP15-Docs sent
12OCT15-appeal letter issued
09NOV15-Overturned
18NOV15-Passport submited
20NOV15–New IHS Payment done
08DEC15-Passport collected

vanakkamchennai
Junior Member
Posts: 91
Joined: Wed Aug 05, 2015 12:27 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by vanakkamchennai » Wed Sep 23, 2015 9:40 am

We obtained the following information through the customer care (Customer.Service@hmcts.gsi.gov.uk):

We have submitted the appeal online and posted the documents. Now we have obtained additional evidences. Could you please suggest us how to send them?

Customer Service Response:

Thank you for your e-mail.
You can send us the supported documents via any of the following methods;

1. By emails

2. Post
First-Tier Tribunal
Immigration and Asylum Chamber
PO Box 6987
Leicester
LE1 6ZX
United Kingdom

3. Fax
0870 739 4053
0870 739 5996
30JUN15–Online application
06JUL15-Biometrics
04SEP15-Refused
07SEP15-Appealed
08SEP15-Docs sent
12OCT15-appeal letter issued
09NOV15-Overturned
18NOV15-Passport submited
20NOV15–New IHS Payment done
08DEC15-Passport collected

vanakkamchennai
Junior Member
Posts: 91
Joined: Wed Aug 05, 2015 12:27 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by vanakkamchennai » Tue Sep 29, 2015 6:22 pm

Just would like to add few more things:

My appeal category was - IAFT-6 "A decision to refuse a human rights claim for entry clearance"

And then the sub-category:
I have received a refusal decision dated after 6 April 2015 on:
- An application for leave to enter ; or
- An application for entry clearance ; or
- An application for a certificate of entitlement under section 10 of the Nationality, Immigration and Asylum Act 2002 ; or
- An application for a variation of leave to enter or remain with the result that I have no leave to enter or remain

We emailed the tribunal for status and received the following response:

Our Ref: XX

Tribunal Appeal Number: XX/XXXXX/2015

Thank you for your e-mail.

We can confirm that the Tribunal has received an appeal and the reference number is quoted above.

The Tribunal is currently waiting for confirmation that the fee payment has been transferred successfully into its bank account. Once the payment has been confirmed, all relevant parties will be notified of the next stage of the appeals process.

The Tribunal will write to you in due course.

Email Customer Enquiry Unit

Correspondence Address
Immigration and Asylum Tribunal
PO Box 6987
Leicester
LE1 6ZX
United Kingdom

Telephone 0300 123 1711
Fax 0870 739 5895
Minicom 0300 123 1264
Website http://www.justice.gov.uk/tribunals/immigration-asylum
30JUN15–Online application
06JUL15-Biometrics
04SEP15-Refused
07SEP15-Appealed
08SEP15-Docs sent
12OCT15-appeal letter issued
09NOV15-Overturned
18NOV15-Passport submited
20NOV15–New IHS Payment done
08DEC15-Passport collected

vanakkamchennai
Junior Member
Posts: 91
Joined: Wed Aug 05, 2015 12:27 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by vanakkamchennai » Tue Sep 29, 2015 6:23 pm

Latest successful timeline found somewhere in this forum for guideline:

Appeal Submitted: 08/04/2015
Payment taken- 28/04/15
Notice of pending appeal received- 23/05/15
Deadline- 31/08/2015
BHC Withdrawn- 03/07/2015
Withdrawal notice received- 10/07/2015
Call in letter- 16/07/2015
PP & TB submitted- 28/07/2015
PP collected- 06/08/2015
30JUN15–Online application
06JUL15-Biometrics
04SEP15-Refused
07SEP15-Appealed
08SEP15-Docs sent
12OCT15-appeal letter issued
09NOV15-Overturned
18NOV15-Passport submited
20NOV15–New IHS Payment done
08DEC15-Passport collected

powdra
Newly Registered
Posts: 9
Joined: Wed Sep 30, 2015 9:04 am

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by powdra » Wed Sep 30, 2015 9:20 am

Hi,
I am currently in a similar situation and would like to ask your opinion on it. I will briefly describe my position and then ask a question.

I am the Ukrainian spouse of the UK citizen, we got married in London in June this year after having known each other for 4 years and being in relationship for 2. We then applied for a family settlement visa and have received the refusal with the right to appeal. My husband meets all financial and accommodation requirements.

The following were listed in the refusal letter as missing supporting documents:
- Appendix 2 VAF4A (we just missed it as it was a separate form)
- No evidence of sponsor's immigration status (we did not send a copy of my husband's passport)
- No evidence that our relationship is genuine and durable and we intend to live together in the UK (my previous Marriage Visitor visa was issued on the grounds of our relationship so we assumed it will not be required this time)
- no evidence of sponsor's previous marriage being dissolved (Decree Absolute was submitted to general registry office and marriage was registered in the UK, we did not think it would be required again)
- fail to provide some specified documents about sponsor's employment such as bank statements, letter from employer, P60 (again, my two previous visas were granted based on his income and employment, so we only submitted 6 months payslips, however he is in a full time employment earning above the required minimum)
- no evidence of accommodation (he owns the apartment which he does not share with anyone and it has been used as commendation when I successfully applied for my previous visas, we submitted annual Council Tax bill only this time).
I understand that the list of missing evidences seems too long and it is our fault. I therefore have one question: would you recommend to appeal and provide all the missing evidences (which we have) or to reapply paying 1k fee again? What are our chances and which route is the quickest?
Thank you.

mariappanmrt
Newbie
Posts: 33
Joined: Sun Sep 21, 2014 6:08 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by mariappanmrt » Wed Sep 30, 2015 1:19 pm

Hello Vanakkamchennai,

I am in the process of appealing now. I was asked to fill IAFT-6 form. When I click the IAFT-6 link it goes to IAFT-2 form. Is it correct? Also while filling in page 4, section G didn't appear. But in preview it shows that section as 'Are you sending your Notice of Decision?' with 'No' option selected. Did you have this issue? I am going to send the notice of decision anyway.

Thanks & Regards,
Mari

vanakkamchennai
Junior Member
Posts: 91
Joined: Wed Aug 05, 2015 12:27 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by vanakkamchennai » Wed Sep 30, 2015 2:08 pm

mariappanmrt wrote:Hello Vanakkamchennai,

I am in the process of appealing now. I was asked to fill IAFT-6 form. When I click the IAFT-6 link it goes to IAFT-2 form. Is it correct? Also while filling in page 4, section G didn't appear. But in preview it shows that section as 'Are you sending your Notice of Decision?' with 'No' option selected. Did you have this issue? I am going to send the notice of decision anyway.

Thanks & Regards,
Mari

Hi Mariappan,

First I started filling the appeal, and the reference number it gave was IAFT2-XXXXXXXX, which suggests it has used IAFT2. But then I cancelled that application in the middle and later (may be half day later), I restarted my application. That time the reference number it gave was IAFT6-XXXXXXXX. I have double checked my completed application form, which is IAFT-6. Also, I read about a forum in this site, that IAFT-2 is meant for those who are applying on decision met before April 6, 2015 (or applied ealier than April 6, 2015). Though IAFT-2 and IAFT-6 are of minor difference, go for the correct appeal form IAFT-6. I suggest you try again after clearing the Cookies, and browser history. If no luck, you can fill the application manually (Form available in http://hmctsformfinder.justice.gov.uk/H ... ms_id=2982 or a copy would have been attached with the refusal letter) and email/fax/post them. Alternatively, you can call the customer care (which is free) to ask for solution.
Don't send any original, including the refusal letter, letter from the employer, letter from landlord, etc.

Please provide your reason for refusal, and your list of documents here. I will briefly review it. Also include a cover letter, and index all the documents. They suggest us to add the "Reference number for correspondance" on top of the documents.

All the best.
30JUN15–Online application
06JUL15-Biometrics
04SEP15-Refused
07SEP15-Appealed
08SEP15-Docs sent
12OCT15-appeal letter issued
09NOV15-Overturned
18NOV15-Passport submited
20NOV15–New IHS Payment done
08DEC15-Passport collected

mariappanmrt
Newbie
Posts: 33
Joined: Sun Sep 21, 2014 6:08 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by mariappanmrt » Wed Sep 30, 2015 2:21 pm

Hi Vanakkamchennai,

Thanks for your quick response. Sure, I will try as you said and keep posted.

Regards,
Mari

vanakkamchennai
Junior Member
Posts: 91
Joined: Wed Aug 05, 2015 12:27 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by vanakkamchennai » Wed Sep 30, 2015 2:39 pm

powdra wrote:Hi,
I am currently in a similar situation and would like to ask your opinion on it. I will briefly describe my position and then ask a question.

I am the Ukrainian spouse of the UK citizen, we got married in London in June this year after having known each other for 4 years and being in relationship for 2. We then applied for a family settlement visa and have received the refusal with the right to appeal. My husband meets all financial and accommodation requirements.

The following were listed in the refusal letter as missing supporting documents:
- Appendix 2 VAF4A (we just missed it as it was a separate form)
- No evidence of sponsor's immigration status (we did not send a copy of my husband's passport)
- No evidence that our relationship is genuine and durable and we intend to live together in the UK (my previous Marriage Visitor visa was issued on the grounds of our relationship so we assumed it will not be required this time)
- no evidence of sponsor's previous marriage being dissolved (Decree Absolute was submitted to general registry office and marriage was registered in the UK, we did not think it would be required again)
- fail to provide some specified documents about sponsor's employment such as bank statements, letter from employer, P60 (again, my two previous visas were granted based on his income and employment, so we only submitted 6 months payslips, however he is in a full time employment earning above the required minimum)
- no evidence of accommodation (he owns the apartment which he does not share with anyone and it has been used as commendation when I successfully applied for my previous visas, we submitted annual Council Tax bill only this time).
I understand that the list of missing evidences seems too long and it is our fault. I therefore have one question: would you recommend to appeal and provide all the missing evidences (which we have) or to reapply paying 1k fee again? What are our chances and which route is the quickest?
Thank you.
Hi,

I am very sorry to hear about your visa refusal. All I wish is, home office should be very constructive in helping spouse dependants to obtain their visa instead of finding reasons to refuse their application.
The refusal is very painful as it will prolong the separation of the couple in their early marital time. Home office shouldn't play with this time as it is a key for the couple's relationship, planning, and of course their joyful memory of being together.
I am very much against Home office on this point, as refusal won't save any home office labour (considering the appeal, which involves Tribunal, home office to re-review the case, and the tribunal court hearing). Home office must refund the appeal fee if the decision is overturned. Also appeal process is flexible to submit additional evidences. Thus the only gain of refusal to home office is, the re-application fee of the volume of people who are stressed out of the lengthy appeal timeline.

Coming back to your case, the only serious issue I see is the missing VAF4A. Other missing evidences are common and can easily be requested through email/fax/post.

I am not sure how serious is a missing VAF4A in spouse applications. May be someone who is experienced, or a moderation can suggest on this.

See if this helps you decide:
If you are comfortable paying the 1K, you can go for the re-application which is fairly faster. But remember, home office is free to refuse the application because every new application is treated afresh, and is based on the case worker.
If you have second thought on reapplication straight away, you can go for appealing. If you appeal, add the VAF4A along with sufficient documents to cover all the points mentioned in your refusal letter. The good idea is to wait till the home office review, which will happen fairly quicker than the court hearing. The appeal timeline may change based on your visa applying location. The successful home office overturn based on Chennai was 21 days + 25 days, and then another 21 days for issuing the visa. All days here are including weekends. I saw in this website that some of the appeal submitted in Pakistan is taking more time. So the timeline is purely based on your visa applying location.

Hope this helps.
30JUN15–Online application
06JUL15-Biometrics
04SEP15-Refused
07SEP15-Appealed
08SEP15-Docs sent
12OCT15-appeal letter issued
09NOV15-Overturned
18NOV15-Passport submited
20NOV15–New IHS Payment done
08DEC15-Passport collected

powdra
Newly Registered
Posts: 9
Joined: Wed Sep 30, 2015 9:04 am

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by powdra » Wed Sep 30, 2015 8:03 pm

I haven't decided yet what to do next. Thank you a lot for your help.

vanakkamchennai
Junior Member
Posts: 91
Joined: Wed Aug 05, 2015 12:27 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by vanakkamchennai » Fri Oct 02, 2015 7:11 pm

Update:

Rang 0300 123 1711 for status. They said the payment status is updated, and the appeal bundle (called diplomatic bag) is prepared and ready to be sent to the embassy. In the due course, the tribunal will write to the parties by post.

Awaiting...
30JUN15–Online application
06JUL15-Biometrics
04SEP15-Refused
07SEP15-Appealed
08SEP15-Docs sent
12OCT15-appeal letter issued
09NOV15-Overturned
18NOV15-Passport submited
20NOV15–New IHS Payment done
08DEC15-Passport collected

powdra
Newly Registered
Posts: 9
Joined: Wed Sep 30, 2015 9:04 am

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by powdra » Sun Oct 04, 2015 9:26 am

Hi again,
Can someone tell me whether I will be able to withdraw my appeal if the decision isn't overturned after missing evidences are submitted and the court hearing is scheduled instead?

vanakkamchennai
Junior Member
Posts: 91
Joined: Wed Aug 05, 2015 12:27 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by vanakkamchennai » Mon Oct 05, 2015 1:10 pm

powdra wrote:Hi again,
Can someone tell me whether I will be able to withdraw my appeal if the decision isn't overturned after missing evidences are submitted and the court hearing is scheduled instead?
Hi, here is the relevant information:

https://www.gov.uk/government/publicati ... ures-apl01
20.
APL1.20 Applicant makes fresh application while an appeal is outstanding
A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. If an appellant is subsequently issued an entry clearance, post must inform the tribunals service at: eco.contact@hmcts.gsi.gov.uk. The ECO must ensure that a proforma of withdrawal of decision is also sent to the Tribunals Service and this appeal will stop.
30JUN15–Online application
06JUL15-Biometrics
04SEP15-Refused
07SEP15-Appealed
08SEP15-Docs sent
12OCT15-appeal letter issued
09NOV15-Overturned
18NOV15-Passport submited
20NOV15–New IHS Payment done
08DEC15-Passport collected

vanakkamchennai
Junior Member
Posts: 91
Joined: Wed Aug 05, 2015 12:27 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by vanakkamchennai » Mon Oct 05, 2015 1:12 pm

Hi All, I am copying here what I have replied in another forum in this site.

Looks like we are the victims of home office's bad decision on genuine cases.

I referred the documents guide https://www.gov.uk/government/uploads/s ... lement.pdf and filled my application. Page 3 of this document shows:

Information about your sponsor in the UK
If you are completing Appendix 2 then you will need to demonstrate that you meet the ‘Financial Requirement’.
You need to read the Immigration Rules at Appendix FM-SE to see which documents you are required to submit.
If you do not need to meet the ‘Financial Requirement’ then you may wish to provide some of the following documents to
help to show your sponsors circumstances in the UK.

This is clear that, if we don't meet financial evidence in appendix 2, then we need to provide additional evidence about the sponsor, such as:

 birth certificate or adoption certificate
 marriage certificate or civil partnership certificate
 death or divorce certificate
 photographs of your wedding, civil partnership ceremony or other time spent
together
 phone records
 emails, letters or cards

Also in the immigration rules (FM SE) that suggests the family member specified evidence is talking only about the marriage or civil partnership certificate (page 24), and other financial requirements certificate. It doesn't say anything about evidences such as photographs, emails, chat/call history etc. The document is available at: https://www.gov.uk/government/uploads/s ... _FM_SE.pdf

Does that mean, home office is rejecting more cases on the grounds of evidences which are not explicitly mentioned in their guidance. Also, note that VFS is checking the application and cross checks the document, and they are happy before posting it to the home office.

The decison making authority is the first secretary of state, and is headed by George Osborne MP (http://www.parliament.uk/biographies/co ... borne/1458). Shall we all write to him about this? Any thoughts?
30JUN15–Online application
06JUL15-Biometrics
04SEP15-Refused
07SEP15-Appealed
08SEP15-Docs sent
12OCT15-appeal letter issued
09NOV15-Overturned
18NOV15-Passport submited
20NOV15–New IHS Payment done
08DEC15-Passport collected

powdra
Newly Registered
Posts: 9
Joined: Wed Sep 30, 2015 9:04 am

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by powdra » Thu Oct 08, 2015 9:56 am

vanakkamchennai wrote:
powdra wrote:Hi again,
Can someone tell me whether I will be able to withdraw my appeal if the decision isn't overturned after missing evidences are submitted and the court hearing is scheduled instead?
Hi, here is the relevant information:

https://www.gov.uk/government/publicati ... ures-apl01
20.
APL1.20 Applicant makes fresh application while an appeal is outstanding
A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. If an appellant is subsequently issued an entry clearance, post must inform the tribunals service at: eco.contact@hmcts.gsi.gov.uk. The ECO must ensure that a proforma of withdrawal of decision is also sent to the Tribunals Service and this appeal will stop.
Thank you a lot.

mariappanmrt
Newbie
Posts: 33
Joined: Sun Sep 21, 2014 6:08 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by mariappanmrt » Mon Oct 26, 2015 12:35 pm

Hello VanakkamChennai,

What's the status of your appeal? Have you got any update from tribunal?

Thanks & Regards,
Mari

vanakkamchennai
Junior Member
Posts: 91
Joined: Wed Aug 05, 2015 12:27 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by vanakkamchennai » Mon Oct 26, 2015 12:49 pm

Hi Mariappan,

I have received the letter of pending appeal, which was issued on Oct 12, 2015. The documents have been posted to Chennai BHC. No more updates.

How about you? Have you made your appeal? If so, could you please share your status?
30JUN15–Online application
06JUL15-Biometrics
04SEP15-Refused
07SEP15-Appealed
08SEP15-Docs sent
12OCT15-appeal letter issued
09NOV15-Overturned
18NOV15-Passport submited
20NOV15–New IHS Payment done
08DEC15-Passport collected

mariappanmrt
Newbie
Posts: 33
Joined: Sun Sep 21, 2014 6:08 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by mariappanmrt » Mon Oct 26, 2015 1:49 pm

Hi Vanakkamchennai,

Thanks for your quick response. Yes, I appealed online on 1st Oct and my documents were reached tribunal by post on 6th Oct. I didn't get any letter still. But when I checked my status by calling last week, they said they are preparing my bundle to send it to Chennai high commission. They gave appeal reference number as well and they said I will get letter once the bundle is sent to Chennai as I am the sponsor & representative. They didn't tell any date for that. So I am waiting for their letter.

But looking at your timeline, I guess I need to wait for 1 or 2 more weeks for the letter. Please keep posting if you get any other updates.

Thanks & Regards,
Mariappan

mariappanmrt
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Posts: 33
Joined: Sun Sep 21, 2014 6:08 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by mariappanmrt » Wed Oct 28, 2015 3:48 pm

Hi Vanakkamchennai,

Just to update, I got my notice of pending appeal letter yesterday(27th Oct).

Thanks & Regards,
Mariappan

vanakkamchennai
Junior Member
Posts: 91
Joined: Wed Aug 05, 2015 12:27 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by vanakkamchennai » Wed Oct 28, 2015 5:38 pm

Great progress Mariappan.

Some more update from my side.

I have contacted the Chennai BHC on Oct 23 to check whether they received my application, and they said they haven't received it. They asked me to contact the Tribunal. Tribunal said, they won't track that. Also they said, from the day Chennai BHC receives, it is 28 days for them to review the case.

From RKSC's experience, the parcel arrived in Chennai in 8 working days. Also she mentioned that, she managed to receive that status after several calls/emails for status, which I am undergoing now. In my opinion, the BHC have no pressure to open the bundle until the 3 months review deadline. So keep contacting them through the UK VISA email contact form after say, 7 working days. You have only 500 words in the contact form. But when they respond to you, the subject line will have a #number, which is the reference number. So please quote this reference number in the subsequent emails, and so you dont need to repeat what you have mentioned already. This will give you more space to describe your current situation.

All the best. Keep me posted your updates.
30JUN15–Online application
06JUL15-Biometrics
04SEP15-Refused
07SEP15-Appealed
08SEP15-Docs sent
12OCT15-appeal letter issued
09NOV15-Overturned
18NOV15-Passport submited
20NOV15–New IHS Payment done
08DEC15-Passport collected

mariappanmrt
Newbie
Posts: 33
Joined: Sun Sep 21, 2014 6:08 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by mariappanmrt » Wed Oct 28, 2015 11:13 pm

Hi Vanakkamchennai,

It's very bad to hear about Chennai office response. Before appeal, I also met one solicitor through my friend. He personally said these high commission people won't open the appeals quickly. They will take their own time. It will take upto 16 weeks for the first stage itself.

BTB, are you talking about UKVI mail? Or is there any other mail/contact number to track high commission? I have to start tracking them from next week onward then.

vanakkamchennai
Junior Member
Posts: 91
Joined: Wed Aug 05, 2015 12:27 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by vanakkamchennai » Thu Oct 29, 2015 9:38 am

Yes Mari, it is better to check the progress regularly than leaving it to the BHC.

The email is the same as https://ukvi-international.faq-help.com, with the same GWF number.
30JUN15–Online application
06JUL15-Biometrics
04SEP15-Refused
07SEP15-Appealed
08SEP15-Docs sent
12OCT15-appeal letter issued
09NOV15-Overturned
18NOV15-Passport submited
20NOV15–New IHS Payment done
08DEC15-Passport collected

mariappanmrt
Newbie
Posts: 33
Joined: Sun Sep 21, 2014 6:08 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by mariappanmrt » Thu Oct 29, 2015 11:00 pm

OK, will do.

mariappanmrt
Newbie
Posts: 33
Joined: Sun Sep 21, 2014 6:08 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by mariappanmrt » Wed Nov 04, 2015 12:11 pm

Hi Vanakkamchennai,

Has your wife got any questionnaire to be filled along with notice of pending appeal? If so have you/your wife sent it to tribunal? My family got a questionnaire along with notice of pending appeal letter. They asked us to fill and send to them. I am going to do it this week. So I just wanted to check with you as well.

Thanks & Regards,
Mari

vanakkamchennai
Junior Member
Posts: 91
Joined: Wed Aug 05, 2015 12:27 pm

Re: Settlement / Spouse Visa Appeal Timelines - FROM INDIA O

Post by vanakkamchennai » Wed Nov 04, 2015 5:00 pm

mariappanmrt wrote:Hi Vanakkamchennai,

Has your wife got any questionnaire to be filled along with notice of pending appeal? If so have you/your wife sent it to tribunal? My family got a questionnaire along with notice of pending appeal letter. They asked us to fill and send to them. I am going to do it this week. So I just wanted to check with you as well.

Thanks & Regards,
Mari
Hi Mari,

I thought the checklist your partner has received is to be filled only if she like to change the representative or address or would need an interpreter. In all other case she don't need to send it. Correct me if I am wrong.

Also, so far no update for my request. VKVI has responded to my request on last Wednesday that the application is escalated (2nd time now), and till no update. Do you have any update?
30JUN15–Online application
06JUL15-Biometrics
04SEP15-Refused
07SEP15-Appealed
08SEP15-Docs sent
12OCT15-appeal letter issued
09NOV15-Overturned
18NOV15-Passport submited
20NOV15–New IHS Payment done
08DEC15-Passport collected

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