Notice of pending appeal!

m khan333 · Post by **m khan333** » Fri May 07, 2010 3:24 pm

Hello everyone,

My wifes uk settlement visa was refused about a month ago, we have sent of the appeal. I was just wondering when we will receive notice of pending appeal. Its been 3 weeks now, i'm worried they might not have received it.

Can anyone help me here. Thanks

khan

hmm · Post by **hmm** » Fri May 07, 2010 3:38 pm

we received the acknowledgment from AIT after two weeks of lodging the appeal. This was in December 09. Then received the hearing date last week - just after 5 months of lodging the appeal.
The hearing date is in August 2010 - over 8 months after lodging the appeal.

The following site will be useful to you..
http://www.ukvisas.gov.uk/en/ecg/appeal ... es#4618917

m khan333 · Post by **m khan333** » Mon May 10, 2010 1:36 pm

Thankyou very much.

That is so long..

But we have asked them to review our case, is that the same as an appeal? and is the response timescale the same? i heard they aim to review the case within 2 months and let u know if they will overturn the decision or not?

batleykhan · Post by **batleykhan** » Mon May 10, 2010 8:57 pm

m khan333 wrote:Thankyou very much.

That is so long..

But we have asked them to review our case, is that the same as an appeal? and is the response timescale the same? i heard they aim to review the case within 2 months and let u know if they will overturn the decision or not?

If after 5 months you have not heard anything, then take it that they have reviwed it and are still sticking with the original decision.

It means it will go to an appeal hearing where your fate and destiny will be decided.

m khan333 · Post by **m khan333** » Mon May 10, 2010 11:11 pm

But what if they do decide to overturn the decision..roughly how long will they take to inform us??

It will be 4 weeks on friday and we havent even got a notice of pending appeal.

Thankyou!

searching · Post by **searching** » Mon May 10, 2010 11:46 pm

i m in the same boat as u r
appeal send to abu dhabi and its been 12 weeks now no answer and my appeal is still with abu dhabi and has not been received by ait in uk yet.
i cant believe a review can take 12 weeks or may b more......

hmm · Post by **hmm** » Tue May 11, 2010 8:57 am

m khan333 wrote:But what if they do decide to overturn the decision..roughly how long will they take to inform us??

It will be 4 weeks on friday and we havent even got a notice of pending appeal.

Thankyou!

where did you lodge the appeal? you can call AIT and find out whether they have received your appeal. you can always write straight to the ECM and asked to review the application.

All the appeals are reviewed by the ECM first - it is part of the appeal procedure. If you lodge the appeal in the UK the AIT send the appeals paper to the port and give them several weeks (I can't remember how many weeks) to respond. It'll be on your notice of pending appeal. The AIT can't give you a hearing date until that date passes. Some BHC reply to AIT sooner and some wait tills the last minute (that's what happen to us). The sooner BHC reply/review the sooner you get the hearing date or visa (if ECM over turn the original decision)
In our case we lodge the appeal in the first week of December 09 in the UK. The ECM had until April 29th to review and reply to AIT. They did that on the 28th of April. we still haven't received the bundle. so it delays everything.Good luck.

alisonpal · Post by **alisonpal** » Tue May 11, 2010 10:02 am

we lodged our in august 2009 we got hearing on november 2009 we got refused again and appealled again to upper tier tribunal we had hearing on 27th april got call today we been successful so just awaiting visa now been long struggle but stick in there we did and now have good result

mrsamshah · Post by **mrsamshah** » Thu May 20, 2010 11:21 am

hi guys,

you guys will understand what im going through, hope you can help me.

my husband and i were on hsmp and he wished to become my dependent..we made an incountry application based on discretion to grant him dependent visa, it was refused in december 09...we appealed and subsequently our appeal was also dismissed in march 10...in this time i had been granted extension as tier 1 for 3 years...we left the country in a week to go back to India to make a fresh application...

to our dismay my husband was refused visa on the basis that he had overstayed the from december to march (the time when the appeal was going on) and thus was illegal in country...we had put all the paper work in the application i dont knw if the ECO actually bothered to look or not...to cut the story short we have lodged an appeal at the post...we recived a notice of pending appeal in the begining of this month...

Does this mean that the ECM has stuck to the original decesion and sent appeal forward??? what are our chances at the hearing he has never been illeagal in the country or breached any conditions of his stay..

its a nightmare all this...no one to contact to or a way to find out what is going on...

many thnks

mrlookforward · Post by **mrlookforward** » Thu May 20, 2010 4:57 pm

mrsamshah wrote:hi guys,

you guys will understand what im going through, hope you can help me.

my husband and i were on hsmp and he wished to become my dependent..we made an incountry application based on discretion to grant him dependent visa, it was refused in december 09...we appealed and subsequently our appeal was also dismissed in march 10...in this time i had been granted extension as tier 1 for 3 years...we left the country in a week to go back to India to make a fresh application...

to our dismay my husband was refused visa on the basis that he had overstayed the from december to march (the time when the appeal was going on) and thus was illegal in country...we had put all the paper work in the application i dont knw if the ECO actually bothered to look or not...to cut the story short we have lodged an appeal at the post...we recived a notice of pending appeal in the begining of this month...

Does this mean that the ECM has stuck to the original decesion and sent appeal forward??? what are our chances at the hearing he has never been illeagal in the country or breached any conditions of his stay..

its a nightmare all this...no one to contact to or a way to find out what is going on...

many thnks

It takes about 6 to 8 months for the actual appeal hearing for out of country refusals. Nothing can be done to speed up the process, just one of those things. No point to ponder over what did ecm do, becuase if ECM change their mind, you will be informed by AIT that the UKBA doesnt want to defend your appeal, if ECM doesnt change his mind, you will get an hearing date. By looking at your post, it seems that in all likelihood you will be succesful. It would be wise to ask a good advisor to prepare for you hearing.

searching · Post by **searching** » Fri May 21, 2010 8:48 pm

appeal logged in abudhabi its been over 3 months now. and this is what i have received

Thank you for your email.
This is to inform you that your visa application is under process with ongoing checks. Due to a large number of on going appeals we have heavy workload of cases. Therefore we are sorry to say that at present we can not give you precise time frame in this respect. We shall be grateful if you would please wait to be contacted by this office.

Head of Post Decision Team
UKBAIG Abu Dhabi

do they normally take this long to review please advice

mrlookforward · Post by **mrlookforward** » Fri May 21, 2010 8:55 pm

Yes, read my previous post.

searching · Post by **searching** » Fri May 21, 2010 9:31 pm

i did read ur post but my question is a bit different
my appeal was send to abudhabi and the review has took over 3months normally what i have heard is 28 days thats when an appeal takes 6 to 9 months.......

mrlookforward · Post by **mrlookforward** » Fri May 21, 2010 9:38 pm

Maybe you can add another 2 months to expected 6 to 9 months wait.

mrlookforward · Post by **mrlookforward** » Fri May 21, 2010 9:40 pm

Basically, its just a waiting game. There is nothing anyone can do about it.

searching · Post by **searching** » Sat May 22, 2010 9:59 am

thanks for ur reply
i have send my appeal to AIT IN UK aswell after 3 months of wait i thought its better to send them my self so now my appeal is in abudhabi and in ait uk i know may be some of u will think its stupid but i will still appreciate ur comments please

mrlookforward · Post by **mrlookforward** » Sat May 22, 2010 11:27 am

Whatever you did wont make any difference to waiting time. It will go through the same process. I think you are not getting the idea, that no matter what you try, its gonna take the course it has to take.

RM786 · Post by **RM786** » Wed May 26, 2010 12:27 pm

HI Everyone,

I would just like to say that my wifes Spouse settlement application was refused in july 2009. In August 2009 i appealed to the BHC they took 4 months just to review the case and then they stuck with original decision and i had to go to appeal hearing in april 2010.

What my advice to everyone after going through this process is dont waste your time in asking for a review of the original decision unless they have blatently made a mistake. Because they will hang on to your case as long as possible and then send it to Ait. Ait will do what they would have done if you sent they appeal stright to them. This will save you time and you will get a hearing date much quicker.

Thanks

mrlookforward · Post by **mrlookforward** » Wed May 26, 2010 12:40 pm

You ask for a review or you dont ask for a review, when you file for appeal, the applications is automatically reviewed, so makes no difference.

sabeennaz · Post by **sabeennaz** » Thu May 27, 2010 4:18 pm

i am waiting for my hearing date next month as i could not give enough evidence in the 28 days fo rsubsisting marraige

once my hearing date is given can i send off the evidence which they refused me for and ask for review of original decision and can they overturn the decision before the hearing date?

ur help is appreciated
thanks

mrsamshah · Post by **mrsamshah** » Tue Jun 22, 2010 9:44 pm

Hi guys

I just wanted to let u know that I have got the hearing date for the 11th August...it's a relief of sorts...

Wish me luck..So I get to see my husband soon x

alisonpal · Post by **alisonpal** » Tue Jul 06, 2010 9:30 am

mrsamshah wrote:Hi guys

I just wanted to let u know that I have got the hearing date for the 11th August...it's a relief of sorts...

Wish me luck..So I get to see my husband soon x

best of luck hunny and hang in there xx

mrsamshah · Post by **mrsamshah** » Thu Aug 12, 2010 12:05 pm

Hi guys,

We won the appeal yesterday!!!! Didn't even have to go for an actual hearing the judge just agreed in the pre-hearing... I'm so happy just need to wait for him to come back home now xxxx

bazzyboi · Post by **bazzyboi** » Wed Oct 06, 2010 7:20 am

mrsamshah wrote:Hi guys,

We won the appeal yesterday!!!! Didn't even have to go for an actual hearing the judge just agreed in the pre-hearing... I'm so happy just need to wait for him to come back home now xxxx

Hi there,

congratulations! Really pleased to hear at last justice has been done for you. Could you please advise me on something? You had won your appeal on the 12th of August, how long did it take for the visa to be stamped on your husband's passport?

I have heard that they really do make you wait as the final hurdle? I really hope not! I am waiting for my appeal hearing date & I am certain I will win it Inshallah. & also could you please tell me where you guys had applied for your settlement visa from (As in countrty) in the first place?

Thanks for your help in advance. Your reply would be very much appreciated!

mrsamshah · Post by **mrsamshah** » Wed Oct 06, 2010 7:40 am

Hi there,

If it's any surprise my husbands passport hasn't been stamped yet .... We got a letter from the Mumbai bhc in mid sept to send his passport in which we did... I know it's only a matter of few weeks but it's really tough... It's took is seven months to reach here!!! We appealed his refusal from india as per your question.

Just hang in there mate.. That's what I was advised on the forum, just sit tight.. Hope things work out for you..

All the best.

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