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after winning APPEAL, how long before Home Office issue PR
Posted: Wed Sep 13, 2017 8:39 pm
by noneeadory
Hi everybody,
Won my appeal at the first tier tribunal on 3 August against refusal to issue Permanent Residence - Judges letter dated 16 August received on 18 August.
I know that the Home Office / Respondent have 14 days to lodge an appeal against the judges decision but this date has now passed.
Has anybody any idea how long it will be before we receive notice that either the Home Office is appealing against the Judges decision,
OR
When will the Home Office issue us with Permanent residence and pay the costs awarded against them?
Has anybody got any experience of winning their appeal for PR - and then what happens and how long does it take.
The waiting everyday is just so frustrating.
Any CONTACT NUMBERS or Best Method of contacting the Home Office to check on the situation.
Any suggestions?
Thanks to everybody, this forum is so helpful.
Dory.
Re: after winning APPEAL, how long before Home Office issue PR
Posted: Thu Sep 14, 2017 2:13 am
by 007RAHEEL
noneeadory wrote: ↑Wed Sep 13, 2017 8:39 pm
Hi everybody,
Won my appeal at the first tier tribunal on 3 August against refusal to issue Permanent Residence - Judges letter dated 16 August received on 18 August.
I know that the Home Office / Respondent have 14 days to lodge an appeal against the judges decision but this date has now passed.
Has anybody any idea how long it will be before we receive notice that either the Home Office is appealing against the Judges decision,
OR
When will the Home Office issue us with Permanent residence and pay the costs awarded against them?
Has anybody got any experience of winning their appeal for PR - and then what happens and how long does it take.
The waiting everyday is just so frustrating.
Any CONTACT NUMBERS or Best Method of contacting the Home Office to check on the situation.
Any suggestions?
Thanks to everybody, this forum is so helpful.
Dory.
You will get response in 14 days just wait. If they didn't appeal still it will take 3/4 months to get Pr
What was your reason of refusal ?
Re: after winning APPEAL, how long before Home Office issue PR
Posted: Thu Sep 14, 2017 6:26 am
by Chucki
Please what questions did the judge ask you ???
And how long did your hearing take.
Re: after winning APPEAL, how long before Home Office issue PR
Posted: Thu Sep 14, 2017 7:08 am
by greatscott
Yes, I am also very interested in your experience. Can I ask, did you represent yourself? Can you explain in a little more detail what we can expect as we have to appeal now within 2 weeks.
If they lose do they have to pay all your legal fees?
Thanks.
*MODS: PLEASE DO NOT MERGE THIS WITH MY ALREADY MULTI-TOPIC MERGED THREAD.
Re: after winning APPEAL, how long before Home Office issue PR
Posted: Thu Sep 14, 2017 9:05 pm
by noneeadory
Reason for initial refusal of PR - insufficient evidence to show EEA sponsor was exercising her treaty rights by being a 'qualified person'.
SHE WAS ALREADY HOLDING PERMANENT RESIDENCE.
Second reason was insufficient evidence to show dependency or residence with sponsor.
THEY FAILED TO 'ACCEPT' or 'MISSED' ALL THE PAPERWORK THAT WAS SUBMITTED.
Questions asked by the Judge - confirmed everyone's background was correct and honest by asking and then the questions were purely about the two reasons why the Home Office refused my application until he was satisfied.
Hearing lasted just over one hour.
Had no legal representation - my English brother-in-law acted as my McKenzie friend and the Judge was happy for him to answer questions about my case as well.
As we won and the Home Office lost, as I understand it the Judge has the discretion to award costs (don't believe that covers Legal costs but I may be wrong).
In our case the appeal lodging cost was £140 and the Judge awarded us the full amount of £140 back from the Home Office basically because , as he said, the HO had all the correct paperwork and information with our PR application but didn't read it, utilise it or process our application correctly (and that we were not at fault).
It has now been 4 weeks since the Judge's written decision was received, hopefully the HO haven't appealed and we will get PR - just wish it wouldn't take so long.
Anybody know how I can check what is happening?
Thanks,
Dory
Re: after winning APPEAL, how long before Home Office issue PR
Posted: Sun Oct 01, 2017 12:12 am
by noneeadory
Hi Everybody,
Just wanted to give an update - and also to ask a couple of questions should somebody have had the same experience or have the knowledge and answers.
Since receiving the Appeal Judge's Decision - in our favour on 16th August 2017, we have received nothing in the post indicating that the Home Office is appealing the Judge's Decision.
It has now been 6 weeks and officially the Home Office have 14 days to appeal.
So we telephoned the Tribunal to see if they had received an Appeal from the Home Office and they told us that they hadn't - which is VERY GOOD NEWS.
Now we just have to switch back to dealing with the bureaucratic chaos that is the Home Office and that is where I have a couple of questions.
1) Does anybody know how long it is going to take for them to finally complete our PR application and send our endorsed passports back to us? OR how long it actually should take?
2) Also, to chase them specifically about our case and its progress, does anybody know the correct telephone number and email address?
Our application was for Permanent Residence as an EFM (non EEA) of an EEA sponsor.
PR application after 5 years residence in September 2015, Refusal Received March 2016 - Appeal Submitted, Appeal Hearing 3 August 2017, Judge's Decision allowing our Appeal dated 16 August 2017.
Thanks and best wishes,
Dory