HELP!!! Hearing date near.

[Obie]

I need to clarify something i may have said on this thread.

If it transpires that the 12 months you seek to rely on for the purpose of Category B ended after the decision to refuse, then it will be hard to see how 85(5) will assist you, as that is not allowed.

If however you had the relevant 12 months period on the day of application, but for some reason did not submit it, then 85(5) will be engaged.

I thought i make that clear, for the avoidance of any doubt.

[maniani]

I need to clarify something i may have said on this thread.

If it transpires that the 12 months you seek to rely on for the purpose of Category B ended after the decision to refuse, then it will be hard to see how 85(5) will assist you, as that is not allowed.

If however you had the relevant 12 months period on the day of application, but for some reason did not submit it, then 85(5) will be engaged.

I thought i make that clear, for the avoidance of any doubt.

Dear obie

I am relying on 12 months before the visa application ... So you are right...

[Obie]

That is good.

Just thought i clarify that, so as to avoid ambiguity in my advise.

[maniani]

Thanks Obie for your great advice....

[Obie]

Why don't you simply inform the the ECO, get him or her to consider these evidence,rather than the stress, delay and cost of an appeal.

In my experience, when a detailed submission is made to them explaining the errors and fact, they have always issued the visa in the end.

This will be better, surely.

[maniani]

Why don't you simply inform the the ECO, get him or her to consider these evidence,rather than the stress, delay and cost of an appeal.

In my experience, when a detailed submission is made to them explaining the errors and fact, they have always issued the visa in the end.

This will be better, surely.

Is it possible for me to contact ECO after the ECM deadline has passed. If possible , then please tell me how to do the same...

[Obie]

Why don't you simply inform the the ECO, get him or her to consider these evidence,rather than the stress, delay and cost of an appeal.

In my experience, when a detailed submission is made to them explaining the errors and fact, they have always issued the visa in the end.

This will be better, surely.

[maniani]

Why don't you simply inform the the ECO, get him or her to consider these evidence,rather than the stress, delay and cost of an appeal.

In my experience, when a detailed submission is made to them explaining the errors and fact, they have always issued the visa in the end.

This will be better, surely.

How to inform ECO???

[Obie]

Did not your solicitor explore this option?

When your notice was issued, were you not advised to submit evidence for reconsideration within 3 week of receipt of the notice?

[maniani]

Did not your solicitor explore this option?

When your notice was issued, were you not advised to submit evidence for reconsideration within 3 week of receipt of the notice?

No my solicitor did not tell ne about this reconsideration process. He lodged the appeal straightforward..
So is there any other way to contact ECO now??

[Amber]

Depends on the Country, in some places ECMs are not even reviewing cases.

[maniani]

Depends on the Country, in some places ECMs are not even reviewing cases.

My country is India and the embassy is in New Delhi.. Are these people not reviewing the cases??

[Obie]

Have you done the appellant bundle and sent it to the Tribunal and the Secretary of state?

Did you do a skeleton pointing out you will be invoking cat B and asking them to reconsider their decision in the light of that.

[maniani]

Have you done the appellant bundle and sent it to the Tribunal and the Secretary of state?

Did you do a skeleton pointing out you will be invoking cat B and asking them to reconsider their decision in the light of that.

I had not received the appeal bundle from ECM yet. When i receive that , then i will send all docs to Home Office and covering letter for hearing.

[Obie]

In my experience, Home Office hardly comply with directions these days, unless it is from the High Court, due to the consequences of cost.

They may not bother sending it at all.

You have to take the initiative.

They will be prepared to get another adjournment when you get to the tribunal, and this will result in further cost for you.

[maniani]

In my experience, Home Office hardly comply with directions these days, unless it is from the High Court, due to the consequences of cost.

They may not bother sending it at all.

You have to take the initiative.

They will be prepared to get another adjournment when you get to the tribunal, and this will result in further cost for you.

Thanks Obie for informing.... I will make new bundle and letter and will send it to tribunal and home office...

[Obie]

In my opinion, the onus is on you, you failed to provide the necessary document, you failed to put them on notice, in regards to the error.

The HOPO can simply tell the tribunal that based on the information presented to them, they were entitled to refused, and judge will be on their side without more.

Judge might even form the view that you were seeking to make a new application. This will not only result in you losing a lot in legal fee , the tribunal will be at immense difficulty in making a fee award in your favour if you were indeed able to acquire victory from the claws of defeat.

[maniani]

In my opinion, the onus is on you, you failed to provide the necessary document, you failed to put them on notice, in regards to the error.

The HOPO can simply tell the tribunal that based on the information presented to them, they were entitled to refused, and judge will be on their side without more.

Judge might even form the view that you were seeking to make a new application. This will not only result in you losing a lot in legal fee , the tribunal will be at immense difficulty in making a fee award in your favour if you were indeed able to acquire victory from the claws of defeat.

I don't understand what you are trying to say...