Post
by immigrationuk2009 » Fri Feb 19, 2010 2:11 am
How long do I have to appeal?
The deadline for an appeal is 28 calendar days from when you are served the notice of the decision of the Entry Clearance Officer.
Your appeal must be received at the Visa Section or by the Tribunal by the end of this period. You must decide to which office you want to submit your appeal. Please do not send appeals to both offices.
For example if you were served the notice of decision on 1st April, the office you decide to submit your appeal to must receive it by 29th April.
Where should I lodge my appeal?
You can either lodge your appeal at the Entry Clearance Office where the original decision on your application was made, or you can lodge your appeal directly with us at the FTTIAC.
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What happens if I lodge my appeal with the Entry Clearance Office?
If you choose to lodge your appeal with the Entry Clearance Office they will reconsider the original decision. If they think the original decision can be changed, they will contact you and explain what will happen next. If they think the original decision was right, then they will forward the appeal to us.
What happens if I lodge my appeal with the FTTIAC?
If you choose to lodge your appeal directly with us we will acknowledge the appeal by sending you a Notice of Pending Appeal. This is called an IA10. We will also send this notice to the Entry Clearance Office which dealt with your original appeal. It is only when they receive that notice that they can reconsider your original application.
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What happens once the FTTIAC has received an appeal?
Once we receive an appeal we will acknowledge the appeal by sending you a Notice of Pending Appeal. This is called an IA10. We will also send this notice to the Entry Clearance Office which dealt with your original appeal. The Entry Clearance Office will reconsider the original decision. If they decide you should be given a visa they will contact you. If they decide that the original decision should stand they will begin to prepare and send the evidence on which they based their decision to refuse your application to us.
How long does the Entry Clearance Office have to send documents to the FTTIAC?
Appeals lodged with the Entry Clearance Office
For non-settlement cases, including visit visas, the Entry Clearance Office has 8 weeks to prepare the documentation (usually known as the ‘bundle’).
For settlement cases, because these are usually more complex, the Entry Clearance Office has 16 weeks to prepare the documentation.
Appeals lodged directly with FTTIAC
For non-settlement cases, including visit visas, the Entry Clearance Office has 11 weeks to prepare the documentation (usually known as the ‘bundle’).
For settlement cases, because these are usually more complex, the Entry Clearance Office has 19 weeks to prepare the documentation.
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How will I know the date when FTTIAC should have all the documents from the Entry Clearance Office?
The Notice of Pending Appeal, the IA10, tells you the date we expect to have received all the documents from the Entry Clearance Office.
How long does it take for an appeal to be heard?
In most cases, an appeal lodged at post will be heard three weeks earlier than appeals lodged with the FTTIAC. This is because the Entry Clearance Office can begin work on reconsideration and preparation of documents as soon as they receive the appeal. They do not have to wait until we notify them.
Appeals lodged with Entry Clearance Offices
For visit visa appeals lodged at post the earliest time an appeal would be heard is, 12 weeks after the appeal was lodged.
For non-settlement appeals lodged at post the earliest time an appeal would be heard is, 16 weeks after the appeal was lodged.
For settlement appeals lodged at post the earliest time an appeal would be heard is 24 weeks after the appeal was lodged.
Appeals lodged with FTTIAC
Because of the additional time posts have to be given to prepare for an appeal lodged with us, the timescale for appeals lodged with the FTTIAC are slightly longer.
For visit visa appeals lodged directly with FTTIAC, the earliest time an appeal would be heard is 15 weeks after the appeal was lodged.
For non-settlement appeals lodged directly with FTTIAC, the earliest time an appeal would be heard is 19 weeks after the appeal was lodged.
For settlement cases lodged directly with FTTIAC, the earliest time an appeal would be heard is 27 weeks after the appeal was lodged.
If you want to lodge your appeal direct with the FTTIAC you should send it by post or fax to:
First-tier Tribunal (Immigration and Asylum Chamber)
Administrative Support Centre
PO Box 7866
Loughborough
LE11 2XZ
Fax: 01509 221699 or 00441509 221699 if you are outside the UK
IMPORTANT: If you are submitting an IAFT-1 form, please do not send to this address.
All IAFT-1 forms and supporting documents should be sent to:
First-tier Tribunal (Immigration and Asylum Chamber)
Administrative Support Centre
P.O. Box 14619
Birmingham
B16 6FQ
If you are unsure where to send your appeal, please contact customer service (Customer Enquiry Unit) on 0845 6000 877
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It seems to take a long time to hear an appeal, why is this?
Time has to be allowed for the Entry Clearance Officer to prepare for the hearing. Once we have the documents from them, you and your representative, if you have one, have also to be given time to look at the information the UK Border Agency will rely on at the hearing and prepare for the hearing.
How often will the FTTIAC contact me to update me on the appeal process?
When we receive your appeal we will enter it onto an electronic database. This is a record of your appeal and all our future contact with you will be recorded. We write to you, your representative if you have one, and the Entry Clearance Officer and confirm that your appeal has been lodged. That Notice of Appeal, an IA10, tells you when we expect to receive documents relating to the appeal from the Entry Clearance Officer and gives you an appeal reference number.
It is important to realise that the date on the IA10 is not the date of the hearing. Your appeal will then be stored until we receive the documents from the Entry Clearance Officer. There is usually no need for us to contact you whilst we are waiting for those documents to arrive.
The next time we write to you is most likely to be with the date of the hearing. You will receive a copy of the Entry Clearance Officer documentation and you will receive a written notice of the date and place of your hearing unless you have requested the appeal to be decided on the papers.
You are advised to make copies of the completed form and all documents that support your appeal and keep a copy for yourself.
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My appeal will be late. What should I do?
If your appeal will not be received by the required date, you must explain why you were not able to send it to us in time.
You can do this in section 2 of the IAFT-2 application form. An Immigration Judge will then consider the documents and decide whether there are special circumstances that will allow your appeal to proceed. The Judge will not make a decision on your appeal at that stage. The Judge will only consider if your appeal can proceed.
Late appeals should be faxed or posted directly to us at:
First-tier Tribunal (Immigration and Asylum Chamber)
Administrative Support Centre
PO Box 7866
Loughborough
LE11 2XZ
Fax: 01509 221699 or 00441509 221699 if you are outside the UK
IMPORTANT: If you are submitting an IAFT-1 form, please do not send to this address.
All IAFT-1 forms and supporting documents should be sent to:
First-tier Tribunal (Immigration and Asylum Chamber)
Administrative Support Centre
P.O. Box 14619
Birmingham
B16 6FQ
If you are unsure where to send your appeal, please contact the Customer Enquiry Unit on 0845 6000 877
What happens when you receive my appeal?
When we receive your appeal we will contact you by a Notice of Pending Appeal (IA10), your representative if you have one and the respondent.
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My English isn't very good. Can I submit the forms in another language?
No. All documents in the appeal process must be written or translated into English. The translations must be signed by the translator to certify that the translation is accurate and the translation attached to the original document. It is your responsibility to make sure documents are translated.
The only exception to this is if any proceedings are to be held in Wales or have a connection with Wales. In those cases you can choose to file documents in Welsh if you prefer to do so.
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