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Spouse Visa Application - Appeal & Determination Time

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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Chimpee
Member
Posts: 138
Joined: Mon Aug 22, 2011 7:55 pm
Location: United Kingdon

Spouse Visa Application - Appeal & Determination Time

Post by Chimpee » Wed Feb 08, 2012 2:22 pm

Hello all,

I attended my husbands appeal hearing on the 30th January 2012 as his sponsor and I think everything went well..

We have not had no response from them as of yet and every time we phone them to find out they keep saying that the judge has not yet made his decision. I don't know how long his should all take?!

Can anyone share there appeal experiences with us.. Would be very grateful.

Good luck to everyone

Chimpee :)
Last edited by Chimpee on Wed Feb 08, 2012 9:47 pm, edited 1 time in total.
15-09-11 Application Submitted
13-10-11 Refused
17-10-11 Appeal Sent
28-10-11 Appeal Acknowledged
05-12-11 Appeal Date: 30-01-12
13-02-12 APPEAL ALLOWED!
21-02-12 Call Letter Recieved
22-02-12 Submitted Passport
22-02-12 Visa Issued!! :D
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Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Feb 08, 2012 6:40 pm

Your appeal was only heard 9 days ago. Tribunal decision are usually promulgated about a fortnight after hearing, which will be some time next week at the earliest. In some cases it can take up to six weeks, as some judges are having to type up their decision these days.
Smooth seas do not make skilful sailors
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Chimpee
Member
Posts: 138
Joined: Mon Aug 22, 2011 7:55 pm
Location: United Kingdon

Post by Chimpee » Wed Feb 08, 2012 6:53 pm

Thanks obie :)

Maybe I'm getting a bit impatient! Can you clarify what the term 'decision reserved' means please as this is what they said to me over the phone when I asked them for an update..

Thanks for all your help

Chimpee
15-09-11 Application Submitted
13-10-11 Refused
17-10-11 Appeal Sent
28-10-11 Appeal Acknowledged
05-12-11 Appeal Date: 30-01-12
13-02-12 APPEAL ALLOWED!
21-02-12 Call Letter Recieved
22-02-12 Submitted Passport
22-02-12 Visa Issued!! :D
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Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Feb 08, 2012 8:47 pm

That term is usually used by a judge after a hearing, meaning his decision will be promulgated at a later date.

I am quite surprised a customer service assistance would say that to you on phone. But strange things do happen.

You already know the decision is reserved, as the judge did not make a decision at the end of the hearing. What i think you requested, is "has the decision been made".
Smooth seas do not make skilful sailors
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Chimpee
Member
Posts: 138
Joined: Mon Aug 22, 2011 7:55 pm
Location: United Kingdon

Post by Chimpee » Wed Feb 08, 2012 8:55 pm

Yes that's what I wanted to know, if there has been any decision made but they said today that the judge has not yet made his decision. My husband rang them from India as they only tell me a limited amount of information as I am his sponsor..

Why are you surprised that a customer service advisor told me that the judge has reserved his decision?

Thanks again

Chimpee
15-09-11 Application Submitted
13-10-11 Refused
17-10-11 Appeal Sent
28-10-11 Appeal Acknowledged
05-12-11 Appeal Date: 30-01-12
13-02-12 APPEAL ALLOWED!
21-02-12 Call Letter Recieved
22-02-12 Submitted Passport
22-02-12 Visa Issued!! :D
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Chimpee
Member
Posts: 138
Joined: Mon Aug 22, 2011 7:55 pm
Location: United Kingdon

Post by Chimpee » Thu Feb 09, 2012 6:48 pm

Hey all

Just a quick update for you guys.. My husband called the AIT today and they advised him that the determination letter regarding our appeal has been sent out today so we will get a decision very soon!

The determination letter is being sent to india so will take a while but my husband emailed them giving them authority to send me a copy of the determination letter here in the UK so we will get it a lot quicker..

Fingers crossed we will hear something within the next few days and hope the result will be positive!

Good luck to everybody waiting..

Chimpee
15-09-11 Application Submitted
13-10-11 Refused
17-10-11 Appeal Sent
28-10-11 Appeal Acknowledged
05-12-11 Appeal Date: 30-01-12
13-02-12 APPEAL ALLOWED!
21-02-12 Call Letter Recieved
22-02-12 Submitted Passport
22-02-12 Visa Issued!! :D
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jimmurray
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Posts: 79
Joined: Sun Jun 19, 2011 1:18 am

Post by jimmurray » Fri Feb 10, 2012 3:16 pm

I wouldn't worry much..the UKBA rarely follows 'the law', and thus rarely win when challenged in an appeal situation..I'm sure you will be together soon..
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Chimpee
Member
Posts: 138
Joined: Mon Aug 22, 2011 7:55 pm
Location: United Kingdon

Post by Chimpee » Fri Feb 10, 2012 3:22 pm

I hope so Jim!! Thanks and fingers crossed!!

Do u know what the next process is if the appeal is dismissed? Or if challenged by the home office if the immigration Judge allows the appeal.

I will keep this post updated with the result!
15-09-11 Application Submitted
13-10-11 Refused
17-10-11 Appeal Sent
28-10-11 Appeal Acknowledged
05-12-11 Appeal Date: 30-01-12
13-02-12 APPEAL ALLOWED!
21-02-12 Call Letter Recieved
22-02-12 Submitted Passport
22-02-12 Visa Issued!! :D
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jimmurray
BANNED
Posts: 79
Joined: Sun Jun 19, 2011 1:18 am

Post by jimmurray » Fri Feb 10, 2012 3:41 pm

Chimpee wrote:I hope so Jim!! Thanks and fingers crossed!!

Do u know what the next process is if the appeal is dismissed? Or if challenged by the home office if the immigration Judge allows the appeal.

I will keep this post updated with the result!
I haven't even applied yet, but if rejected I would appeal as you did (applying again and feeding them more money is madness imo)

If the appeal is not successful and I am not convinced with their reasons I guess I would apply to the humans right court in Strasbourg, which could take upto a year, but really hope it doesn't go that far
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Chimpee
Member
Posts: 138
Joined: Mon Aug 22, 2011 7:55 pm
Location: United Kingdon

Post by Chimpee » Fri Feb 10, 2012 7:44 pm

What's your story if you don't mind me asking?? :)
15-09-11 Application Submitted
13-10-11 Refused
17-10-11 Appeal Sent
28-10-11 Appeal Acknowledged
05-12-11 Appeal Date: 30-01-12
13-02-12 APPEAL ALLOWED!
21-02-12 Call Letter Recieved
22-02-12 Submitted Passport
22-02-12 Visa Issued!! :D
Top
Chimpee
Member
Posts: 138
Joined: Mon Aug 22, 2011 7:55 pm
Location: United Kingdon

Post by Chimpee » Tue Feb 14, 2012 3:03 am

Hello everyone!

Just thought I'd let everyone know that our appeal was successfull!! We found out today!!! We are so happy and relieved and glad we don't have to go through this no more!!

Thanks to everyone on this board and please if anyone has any questions they want to ask then please message me and I will help you as much as I can..

Love to all and best wishes

Chimpee xxx
15-09-11 Application Submitted
13-10-11 Refused
17-10-11 Appeal Sent
28-10-11 Appeal Acknowledged
05-12-11 Appeal Date: 30-01-12
13-02-12 APPEAL ALLOWED!
21-02-12 Call Letter Recieved
22-02-12 Submitted Passport
22-02-12 Visa Issued!! :D
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just jak
Newbie
Posts: 33
Joined: Fri Dec 16, 2011 1:57 pm
Mood:

Post by just jak » Sat Feb 18, 2012 12:17 am

Hi Chimpee, congrats on your good news. Can you elaborate on what kind of things the judge was asking at the appeal hearing? Did they want you to talk or mostly the solicitor? Also, can I ask what the original refusal reason was? Please PM me response if preferred. Thanks for your help.
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just jak
Newbie
Posts: 33
Joined: Fri Dec 16, 2011 1:57 pm
Mood:

Post by just jak » Sun Feb 19, 2012 11:14 pm

Hi

No need to reply to my previous post. My husband got his visa today!!!! :D

I can't believe we got it in 6 weeks - we are chuffed to bits! Can't wait for him to get here now.

Thanks for all those who have helped through the many informative posts in the various topics. I couldn't have done it without all the wealth of experience on this site. Your the best. :)
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Chimpee
Member
Posts: 138
Joined: Mon Aug 22, 2011 7:55 pm
Location: United Kingdon

Post by Chimpee » Tue Feb 21, 2012 9:57 am

Congrats!!!!! I was just about to reply to your previous post, that's why I logged on!!! But i guess there's no need to now!! :)

My husband just received a phone call from the embassy telling him to come in with his passport! He hasn't even Received his call letter yet. They said he don't need it!!

He will probably go to Delhi within the next 2 days or so.

I am so happy :) thanks again to everyone on this site for your help and support :)-
15-09-11 Application Submitted
13-10-11 Refused
17-10-11 Appeal Sent
28-10-11 Appeal Acknowledged
05-12-11 Appeal Date: 30-01-12
13-02-12 APPEAL ALLOWED!
21-02-12 Call Letter Recieved
22-02-12 Submitted Passport
22-02-12 Visa Issued!! :D
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