Successful appeal/ brp waiting time

masimo · Post by **masimo** » Tue Nov 19, 2019 10:47 am

Hi everyone,

I have applied to join my 7 years old son in the Uk, the application was refused, the reason is that I didn’t not show that I had enough funds to do not have recourse to public funds, I showed 12700 gbp as savings. Now I have processed with paper appeal and just received the notice of pending appeal, do you know how long it will still take to receive a decision? Do you think I have any chances of winning the appeal? Please share your experience and thoughts as I really miss my son and I’m really frustrated.

secret.simon · Post by **secret.simon** » Tue Nov 19, 2019 3:29 pm

What are the nationalities of the child? Who is the child resident with currently and where?

masimo · Post by **masimo** » Tue Nov 19, 2019 5:04 pm

The child is polish, resident with his mother.

masimo · Post by **masimo** » Tue Nov 19, 2019 5:44 pm

He is in London, studying , I have submitted a letter from his school

masimo · Post by **masimo** » Tue Nov 19, 2019 6:21 pm

secret.simon wrote: ↑
Tue Nov 19, 2019 3:29 pm
What are the nationalities of the child? Who is the child resident with currently and where?

The child is polish, resident with his mother.
He is in London, studying , I have submitted a letter from his school, ps: apologies if I’m repeating myself but I’m new to the forum and just knew how to reply.

secret.simon · Post by **secret.simon** » Wed Nov 20, 2019 4:43 pm

If the EEA citizen child is already living with one parent, I am not sure that the other parent has a right to join the child under EU law. I don't think that there is much chance of success. But wait for others to advise.

masimo · Post by **masimo** » Wed Nov 20, 2019 4:47 pm

secret.simon wrote: ↑
Wed Nov 20, 2019 4:43 pm
If the EEA citizen child is already living with one parent, I am not sure that the other parent has a right to join the child under EU law. I don't think that there is much chance of success. But wait for others to advise.

The child is settled so he is considered as British.

secret.simon · Post by **secret.simon** » Wed Nov 20, 2019 4:52 pm

masimo wrote: ↑
Wed Nov 20, 2019 4:47 pm
The child is settled so he is considered as British.

UK immigration Rules are much stricter that EU law, so the chances under the UK Immigration Rules will be mush lower than that under EU law.

masimo · Post by **masimo** » Wed Nov 20, 2019 6:19 pm

secret.simon wrote: ↑
Wed Nov 20, 2019 4:52 pm

masimo wrote: ↑
Wed Nov 20, 2019 4:47 pm
The child is settled so he is considered as British.
UK immigration Rules are much stricter that EU law, so the chances under the UK Immigration Rules will be mush lower than that under EU law.

It depends on the case, in EU rules you need to be dependent on the child while for UK rules, you don’t have to be but you need to show that you are able to be financially independent from public funds. The process is same as for marriage entry clearance thus I was wishing that someone can share his timeline for the appeal.

secret.simon · Post by **secret.simon** » Thu Nov 21, 2019 7:46 am

As OP is looking at the FLR(FP) route under the UK Immigration Rules, moved to the "Immigration for Family Members" forum.

Obie · Post by **Obie** » Thu Nov 21, 2019 11:02 am

masimo wrote: ↑
Tue Nov 19, 2019 10:47 am
Hi everyone,

I have applied to join my 7 years old son in the Uk, the application was refused, the reason is that I didn’t not show that I had enough funds to do not have recourse to public funds, I showed 12700 gbp as savings. Now I have processed with paper appeal and just received the notice of pending appeal, do you know how long it will still take to receive a decision? Do you think I have any chances of winning the appeal? Please share your experience and thoughts as I really miss my son and I’m really frustrated.

A savings of 16000 would have been a lot more appropriate, it is at that level, that you will not be permitted to claim benefits.

Did you provide evidence of Job offer in the UK or evidence from the mother that she will provide support until you get on your two feet?

masimo · Post by **masimo** » Thu Nov 21, 2019 11:06 am

Obie wrote: ↑
Thu Nov 21, 2019 11:02 am

masimo wrote: ↑
Tue Nov 19, 2019 10:47 am
Hi everyone,

I have applied to join my 7 years old son in the Uk, the application was refused, the reason is that I didn’t not show that I had enough funds to do not have recourse to public funds, I showed 12700 gbp as savings. Now I have processed with paper appeal and just received the notice of pending appeal, do you know how long it will still take to receive a decision? Do you think I have any chances of winning the appeal? Please share your experience and thoughts as I really miss my son and I’m really frustrated.
A savings of 16000 would have been a lot more appropriate, it is at that level, that you will not be permitted to claim benefits.

Did you provide evidence of Job offer in the UK or evidence from the mother that she will provide support until you get on your two feet?

They played with the wording as they took it as a one off support, but I will now submit a letter in my appeal confirming that it’s an ongoing support, do you think I need to submit her bank statements as well? Do you have any ideas how long the process will take?

masimo · Post by **masimo** » Thu Nov 21, 2019 11:10 am

Obie wrote: ↑
Thu Nov 21, 2019 11:02 am

masimo wrote: ↑
Tue Nov 19, 2019 10:47 am
Hi everyone,

I have applied to join my 7 years old son in the Uk, the application was refused, the reason is that I didn’t not show that I had enough funds to do not have recourse to public funds, I showed 12700 gbp as savings. Now I have processed with paper appeal and just received the notice of pending appeal, do you know how long it will still take to receive a decision? Do you think I have any chances of winning the appeal? Please share your experience and thoughts as I really miss my son and I’m really frustrated.
A savings of 16000 would have been a lot more appropriate, it is at that level, that you will not be permitted to claim benefits.

Did you provide evidence of Job offer in the UK or evidence from the mother that she will provide support until you get on your two feet?

I can’t find a job offer

EEAnonEEA · Post by **EEAnonEEA** » Thu Nov 21, 2019 12:46 pm

If you try to prove ongoing support from your ex, HO will (most likely) ask you to re-apply as a partner, even without any prospect for success. Read the FN caseworkers guidance and google for relevant cases for more details.

masimo · Post by **masimo** » Thu Nov 21, 2019 12:52 pm

EEAnonEEA wrote: ↑
Thu Nov 21, 2019 12:46 pm
If you try to prove ongoing support from your ex, HO will (most likely) ask you to re-apply as a partner, even without any prospect for success. Read the FN caseworkers guidance and google for relevant cases for more details.

Talking about my own mother

masimo · Post by **masimo** » Thu Jan 30, 2020 7:06 pm

Dear Sirs,

I hope you are all well, I have won today my appeal against the HO decision to join my son in the Uk, family life 10 years, would you know what is the duration I will be given first on my brp in case the HO doesn’t challenge the decision and what is the time frame to receive my brp, please do not hesitate to ask additional questions if required.

All the best.

BellaKris · Post by **BellaKris** » Thu Jan 30, 2020 10:45 pm

It is usually 2.5 years.

Congrats

masimo · Post by **masimo** » Fri Jan 31, 2020 8:09 am

Thanks for your reply, would you know in how long they will issue my brp?

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