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Person or Paper Appeal

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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JS28
Member of Standing
Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

Person or Paper Appeal

Post by JS28 » Sun Apr 28, 2013 11:24 am

Hi All,

My partner got refused for Tier 2 Dependant Visa but we have been given the right of appeal.

Would you recommend person or paper appeal?

Thank you

mthila
Junior Member
Posts: 87
Joined: Thu Apr 11, 2013 8:19 am
Location: United Kingdom

Re: Person or Paper Appeal

Post by mthila » Sun Apr 28, 2013 11:40 am

JS28 wrote: Would you recommend person or paper appeal?
In person appeal costs £60 more then paper appeal, but you stand a better chance to win the appeal if you have a good case against the decision. I'd go for appeal in person

Good Luck :)
Don't take "NO" for an answer if it shouldn't be!!!

JS28
Member of Standing
Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

Re: Person or Paper Appeal

Post by JS28 » Sun Apr 28, 2013 11:50 am

mthila wrote:
JS28 wrote: Would you recommend person or paper appeal?
In person appeal costs £60 more then paper appeal, but you stand a better chance to win the appeal if you have a good case against the decision. I'd go for appeal in person

Good Luck :)
What is it like going for the person? I mean do you get the decision straight away if it is clear? Also, do they ask questions?

I am the partner so I can represent my partner in court can't I?

Hope to hear from you soon.

JS28
Member of Standing
Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

Re: Person or Paper Appeal

Post by JS28 » Sun Apr 28, 2013 11:53 am

mthila wrote:
JS28 wrote: Would you recommend person or paper appeal?
In person appeal costs £60 more then paper appeal, but you stand a better chance to win the appeal if you have a good case against the decision. I'd go for appeal in person

Good Luck :)
What is it like going for the person? I mean do you get the decision straight away if it is clear? Also, do they ask questions?

I am the partner so I can represent my partner in court can't I?

Hope to hear from you soon.

mthila
Junior Member
Posts: 87
Joined: Thu Apr 11, 2013 8:19 am
Location: United Kingdom

Re: Person or Paper Appeal

Post by mthila » Sun Apr 28, 2013 11:55 am

JS28 wrote:What is it like going for the person? I mean do you get the decision straight away if it is clear? Also, do they ask questions?

I am the partner so I can represent my partner in court can't I?.
Some decisions are given straight a way, some are informed next day by post. Yes they ask questions and you can speak for your partner. It is going to be a tribunal and fairly informal court setup. But I'd consult a solicitor both to lodge the appeal and to represent you at the court
Don't take "NO" for an answer if it shouldn't be!!!

JS28
Member of Standing
Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

Re: Person or Paper Appeal

Post by JS28 » Sun Apr 28, 2013 11:59 am

mthila wrote:
JS28 wrote:What is it like going for the person? I mean do you get the decision straight away if it is clear? Also, do they ask questions?

I am the partner so I can represent my partner in court can't I?.
Some decisions are given straight a way, some are informed next day by post. Yes they ask questions and you can speak for your partner. It is going to be a tribunal and fairly informal court setup. But I'd consult a solicitor both to lodge the appeal and to represent you at the court
How much will I be paying for the solicitor? Also, if I apply for person, Do I have to send the documents in the post or just the application form and the fee and then appear when they ask and bring the documents?

mthila
Junior Member
Posts: 87
Joined: Thu Apr 11, 2013 8:19 am
Location: United Kingdom

Re: Person or Paper Appeal

Post by mthila » Sun Apr 28, 2013 12:03 pm

JS28 wrote:How much will I be paying for the solicitor? Also, if I apply for person, Do I have to send the documents in the post or just the application form and the fee and then appear when they ask and bring the documents?
Solicitor fees depends on the person and the case. It might vary from £100 to £500 or even £1000. But try some people first without giving up on it as it is expensive. It will pay back!

If you have documents, I guess it is okay to send any supporting documents with the application. I am not very competent to give an idea on that though.

But, you have to bare one thing in mind which is that the tribunal is only allowed to consider the documents with were available to the UKBA at the time when they were making the decision. Any new documents will be ignored!!
Don't take "NO" for an answer if it shouldn't be!!!

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Person or Paper Appeal

Post by vinny » Sun Apr 28, 2013 12:09 pm

mthila wrote:But, you have to bare one thing in mind which is that the tribunal is only allowed to consider the documents with were available to the UKBA at the time when they were making the decision. Any new documents will be ignored!!
That's incorrect for dependants' appeals.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

JS28
Member of Standing
Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

Re: Person or Paper Appeal

Post by JS28 » Sun Apr 28, 2013 12:10 pm

mthila wrote:
JS28 wrote:How much will I be paying for the solicitor? Also, if I apply for person, Do I have to send the documents in the post or just the application form and the fee and then appear when they ask and bring the documents?
Solicitor fees depends on the person and the case. It might vary from £100 to £500 or even £1000. But try some people first without giving up on it as it is expensive. It will pay back!

If you have documents, I guess it is okay to send any supporting documents with the application. I am not very competent to give an idea on that though.

But, you have to bare one thing in mind which is that the tribunal is only allowed to consider the documents with were available to the UKBA at the time when they were making the decision. Any new documents will be ignored!!
So, I cannot send new documents? I did not send our communications and pictures during the time of application since I thought it would have been considered that she applied for a civil partnership visit visa and submitted the same evidence.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Person or Paper Appeal

Post by vinny » Sun Apr 28, 2013 12:12 pm

vinny wrote:
mthila wrote:But, you have to bare one thing in mind which is that the tribunal is only allowed to consider the documents with were available to the UKBA at the time when they were making the decision. Any new documents will be ignored!!
That's incorrect for dependants' appeals.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mthila
Junior Member
Posts: 87
Joined: Thu Apr 11, 2013 8:19 am
Location: United Kingdom

Re: Person or Paper Appeal

Post by mthila » Sun Apr 28, 2013 12:15 pm

vinny wrote:That's incorrect for dependants' appeals.
Sorry, vinny should be right..! I am not familiar with dependent visas.
Don't take "NO" for an answer if it shouldn't be!!!

peppekalle
Senior Member
Posts: 558
Joined: Thu Jul 14, 2011 1:38 pm

Re: Person or Paper Appeal

Post by peppekalle » Mon Apr 29, 2013 6:58 am

JS28 wrote:
mthila wrote:
JS28 wrote: Would you recommend person or paper appeal?
In person appeal costs £60 more then paper appeal, but you stand a better chance to win the appeal if you have a good case against the decision. I'd go for appeal in person

Good Luck :)
What is it like going for the person? I mean do you get the decision straight away if it is clear? Also, do they ask questions?

I am the partner so I can represent my partner in court can't I?

Hope to hear from you soon.
http://www.courtroomadvice.co.uk/what-h ... aring.html
Your appeal is most likely to be successful if you get legal representation.When i was in court the HOPO asks questions my barrister asked me a few questions and the judge asked me some questions to.

The HOPO or home office "lawyers" are out to catch you out.It is vital your evidence is consistent through out even if it inconvenient.

Your barrister will put your case to the judge in the best possible way.Neither you or your barrister are allowed to ask the HOPO questions.

Good luck with your appeal i wish you the best in whatever decision you make.

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