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I am not an immigration lawyer nor expert, but from my experience of lodging my own appeal, I don't think your appeal may be successful. The ECO will be evaluating new payslips and taxes according to a new period you decided to establish:
It will make sense to appeal and hand over, perhaps missing documents, from the same period (08/18-08/19), but not arbitrary select another period (14/11/19) to meet the requirement. I don't think the ECO will run in your favour.considering the most recent payslips of last 12 months from the date of appeal which was 14 nov 2019.
I think only the payslips that formed part of your application, because recent payslips belong to another financial period.
A non straight forward appeal can take from months up to a year.
I suggest you to take all this evidence and making a new fresh application instead.
It usually makes sense to appeal if you believe that HO made a mistake. This is why you ask a third party (court) to review evidence you gave to HO with your application. The court will say what they think the decision shall be.NaeemAbbas wrote: ↑Sat Feb 01, 2020 10:37 amThank you for your reply. What is the difference between a fresh application and an appeal. Wont the home office consider the same documents we submitted in appeal. Its like just give them money again and they will consider your most recent payslips, otherwise in the appeal they will not.
Wouldn’t it complicate the whole process. As its just the financial requirements that we need to meet. All other aspects are fulfilled. If they consider the most recent payslips at reapplication, why wont the judge in the hearing or the ECO consider them in the appeal?
Is it just a matter of money or something? Would you please elaborate. Waiting is not a problem for me as I am sure its a straight forward case.
Hi NaeemAbbas,NaeemAbbas wrote: ↑Sat Apr 04, 2020 10:41 amHi,
The only requirement to be fulfilled was financial threshold. When we submitted appeal in nov 2014 we submitted most recent payslips which exceeded the minimum threahold of 18600£. Now home office deadline is ended which was 2nd april 2020 and they haven’t sent the bundle to tribunal. The tribunal said they are listing the appeal now and will send reminders shortly to all parties concerned. They also asked me to write expedite request if I have any compessionate or compelling reasons for the appeal to be dealt on urgent basis. Just wanted to know what could be the compassionate points in my case and how long does court take normally to give the appeal date: just to let u know, they are currently conducting skype hearings. Here is our situation:
My wife is a PCSO for Metropolitan Police London.
She is living in 1 bedroom flat from last 7 months paying 850£ rent plus council taxes and bills because that is accommodation for 2 people and she rented it for my visa.
The most recent payslips of last 12 months are calculated as of 24,600£ in total gross income.
She is alone in the flat and in this pandemic situation if any emergency arrives, nobody is there to look after her.
We have been waiting for 4 months for home office to respond to our appeal but they didnt bother.
In this covid-19 situation, I need to be with my wife to support her in any cases of emergencies.
What could be any other compelling or compessionate reasons we can write to court so first tier tribunal court/judge consider our appeal on urgent basis?
We would have been sent a hearing date for July looking at the other timelines of those whose 15 week reviews were up before ours, but due to Covid-19 everything is delayed. I called the tribunal myself too and they said that everything is working very slowly and to expect long delays.NaeemAbbas wrote: ↑Fri May 29, 2020 7:56 pmNothing yet,
My wife has called them few times and they advised that my appeal is listed and I am in the que now to be assigned a hearing date.
Thats all we have been advised and we were not advised to withdraw the appeal and reapply as currently HO is also discouraging new applications. What a load of shit, they gave me a refusal in 28 days because I paid them handsome money but they cannot review the appeal from the last 8 months because we didn’t pay them again.
NaeemAbbas wrote: ↑Wed Jun 10, 2020 3:30 amI called the tribunal and they advised that they are no longer waiting for HO bundles and they are counting the appeal times from the date you submitted your appeal which is 11 months. They also advised that my appeal is waiting to be listed and I can expect a decision without hearing in couple of months but they cannot be sure about time lines. Lets see what happens as we can’t start fresh applications as well so its a got damn long wait again due to this frustrating system.
Hi NaeemAbbas,NaeemAbbas wrote: ↑Sat Jun 13, 2020 12:26 pmI submitted my appeal on 14th nov 2019, its been 8 months and they will take 11 full months which is the standard appeal process timings. I submitted for oral hearing. In the meanwhile I am sending them different reasons for why my appeal should be expedited. I hope this time they will expedite it as there is a medical emergency my wife is going through and needs urgent surgery for that and she is alone there and nobody is there to look after her. Hopefully judge will consider that and expedite it.
I understand there will be a backlog with new applications too - however you can do that and leave your appeal in the process too?