Multiple Appeals - Also my chance of winning

[iq-dot]

Hi everyone,

I applied for my wife's settlement visa last September and unfortunately it went to an appeal due to my self employed finances not being fully understood, which is fully legitimate.

Now I lodged the appeal last November, it went to the review stage which we got a response on April 2016 and now pending a hearing date.

It is now end of June and nothing yet so far. Does anyone know of any similar cases that was lodged around the same time as me and how long it took for them to get their hearing date?

I am hearing negative things that appeal dates could be several months to a year away, others say it is much less. I am not sure who to believe and considering if it is worth doing a new application as I have much more solid financial documents or just wait? There is also the fear of being rejected again due to my first case.

I would really appreciate if you could share your experiences of similar type of cases around the same time as me so I could make a better judgement of waiting or creating a new application.

Thanks you all for any help!

[ILR1980]

appeal is unfortunately very long and tiring process could take between 12 to 18 months from lodging appeal to getting visa after winning appeal.. there is a topic running about appeal

http://www.immigrationboards.com/immigr ... 89684.html

[iq-dot]

Yes I can see it is really long

Thanks for the thread link, I been reading through quite a few pages, still trying to find someone who had lodged the appeal around the same time as me and see if I can get some rough idea on dates.

If anyone has lodged their appeal from August-November and they have a hearing date, then it gives me hope I might hear something in the next few weeks as mine was lodged on November.

Still reading through the thread, very long, still very welcome to hear about peoples timescale around that time.

[iq-dot]

Hi,

I am trying to find a definitive answer on the rules regarding two appeals running concurrently.

My situation:

I did an old application which was refused, about 14 months later I now have a date set for this month.
Due to the long wait I re-applied 3 months ago, which got refused only for credibility due to the first one on appeal.

My new appeal was sent for applea/review just a few weeks back and the home office has not yet responded.

The problem:

I have been told that you can not have multiple appeals at a hearing stage. However the complication is that my new one is still at the review stage and not determined yet if its going to a hearing.

My barrister claims I have to withdraw one, I phoned tribunal they said I don't need to take any action because the other is still with the home office. Barrister says clerk is wrong he doesn't know the law.

I am a bit confused, does anyone know the exact law regarding this?

My old appeal is weak (so my barrister claims) but my new appeal is much stronger and almost definitely going to win (so he says). Problem is after all this wait, I don't want to withdraw my new one and wait several more months for another hearing. I have already waited 14 months.

My chances of winning:

So with my old appeal date coming up in a few days. The situation is that when I applied I had just started self-employment so only had 8 months of income to show for Tax year which was around 17k, however I showed them 12 months of my business account from my business start date (that crossed into the next tax year) which was above 21k. All income comes into my bank account, no cash.

Barrister says suddenly its now a weak point and I should go to the hearing, withdraw the old and say I wish to fight the new one. Which could mean further 6 months wait or less if I am lucky but no guarantee...

What are your thoughts everyone? And can someone clarify the laws regarding multiple appeals and references to legal documents would greatly help.