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Appeal allowed for UK - WHM

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patelbhupi
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Appeal allowed for UK - WHM

Post by patelbhupi » Sun Aug 24, 2008 3:37 pm

Hello to all,

January 18, 2008 when i was under 30 year old i applied for Working Holiday Maker visa from France - Paris embssy and my application refuse.

so I appeal again decision on January 2008.

JULY 30, 2008 my appeal allowed, but now I am above 30 (30 year + few days). WHM visa requirement is "are aged between 17 and 30 Year"

so , my question is Am I eligible to get visa and how much time it ll take after appeal allowes ? (appeal allowed)

Thanks in advance if you give me some idea about it.....

Mr Rusty
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Post by Mr Rusty » Sun Aug 24, 2008 4:05 pm

This is the relevant para of the Immigration Rules:

"(ii) is aged between 17 and 30 inclusive or was so aged at the date of his application for leave to enter;"

The visa acts as "leave to enter", so if you were within the age range when you applied, you should still qualify. It's common sense really - they could hardly refuse you a visa for being too late because you had to appeal against a decision which has been overturned.

I think the Presenting Officers Section or the Appeals Authority have to pass the decision to the Embassy within 28 days, and you should hear from them after that. There would be no harm in contacting the Visa Office to ask them if they've received the judgement and what else you need to do. The visa officer may wish to check whether your circumstances have changed at all in the meantime

Mr Rusty
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Post by Mr Rusty » Mon Aug 25, 2008 7:51 am

Correction to the above. The Asylum & Immigration Tribunal website states as follows:

"The UK Border Agency has 5 days in which to challenge the determination. If they decide not to do so they will send a copy of the determination to the Entry Clearance Officer and aim to do this within 4 weeks."

I guess that if they had decided to challenge in your case, you would have heard by now. So, at the latest, the decision in your favour should be with the ECO in a couple of weeks.

patelbhupi
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Post by patelbhupi » Wed Sep 10, 2008 9:34 am

Mr Rusty wrote:Correction to the above. The Asylum & Immigration Tribunal website states as follows:

"The UK Border Agency has 5 days in which to challenge the determination. If they decide not to do so they will send a copy of the determination to the Entry Clearance Officer and aim to do this within 4 weeks."

I guess that if they had decided to challenge in your case, you would have heard by now. So, at the latest, the decision in your favour should be with the ECO in a couple of weeks.

Thanks for your reply, as i mention my appeal case i received AIT decision on July 30, 2008, last week (september 5, 2008) when i called to UK embassy - Paris they reply me that thay dont have any information about appeal, and officer told me ones we received determination we ll contact you,

so my question is after 28 days i think determination should be in visa section but in my case embassy havent any information about my appeal decision, Note : till today sept 9,[/b] 2008 no news from visa section

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