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Residence refused - how long before a possible overturn?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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fawelle
Newly Registered
Posts: 2
Joined: Mon Sep 30, 2013 8:08 pm

Residence refused - how long before a possible overturn?

Post by fawelle » Mon Sep 30, 2013 8:38 pm

Hello all.
I have read all the threads I could find about appeal processing times and I can't find the specific answer I am looking for so hopefully someone can help!

A little bit of background:
I am french, my husband American, we've been living in the UK for the past 6 years. he had a family permit for 5 years, just applied for permanent residence as the family member of an EEA citizen but his application has been refused after a 10 months wait.
The reasons for refusal is that we have not provided enough evidence that I have been exercising my treaty rights for the past 5 years. The first 2 years I was working for a big company and have sent P60's as evidence, which were accepted as sufficient evidence. However I became self employed after that (an for these past 3 years.
I can appreciate that now, so we have appealed and submitted all the evidence requested (proof of insurance contributions, business bank statements, invoices, client testimonials etc...) and are hopeful this will be sufficient evidence.
Here are the timings:
Application for permanent residence sent 05/11/2012
application refused 12/08/2013
appeal sent 17/08/2013
appeal fee taken off the account 23/09/2013

From what I understand, now that the money has been taken off our account, this means that our appeal has been logged in and is being reviewed by an ECM to decide whether or not they agree to overturn their initial refusal.
here is my question: how long would it take before we hear from the ECM?
on several threads it says you receive a court date before the ECM decision is made (court date usually planned for 5-6 months later) but that the court date can be cancelled if the ECM overturns the initial decision. However everytime I read about this, it is in the situation of people applying from abroad. We are both still in the uk. does this mean we could expect a slightly faster feedback from an ECM, or even quicker hearing?
Sorry if I missed something somewhere, please let me know!
Many thanks

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Mon Sep 30, 2013 9:06 pm

ECMs work with visas to enter the UK. They are located outside the UK in British consulates. Ithink you may be looking at the wrong threads.

fawelle
Newly Registered
Posts: 2
Joined: Mon Sep 30, 2013 8:08 pm

oh!

Post by fawelle » Mon Sep 30, 2013 9:21 pm

oh wow! thanks for letting me know!!
Well... in that case does the appeal process change at all or does it go straight to the court hearing?
Any idea on timings for this?

thank you!

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