Regarding appeal

[flfaye]

Hello everyone,

My friend recommended me this board and suggest me seek advise here regarding my baby son's visa.

I am in UK on work permit visa, my husband is on work permit dependant visa. My son was born in UK but my husband took him back home in June 2008. I applied a dependant visa for my son in January 2009 but it was refused.

I submitted an appeal on 20th Feb, and two weeks later i phoned the appeal department and found out the deadline for reply is 27th May. Now i can not wait that long as i want my son and my husband to be with me ASAP, we miss each other so much. can I just make another new application for my son while the appeal is being processed?

Thanks in advance for any reply.

[batleykhan]

What was the reason for the refusal?. How old is your son?. what country is you son in now?. Who is looking after your son?.

Answer these question and you will get more responds. An appeal can take 6 months or more to be heard. It can take anything up to 10 months before your son gets his visa and arrive in the UK, providing he is succesful at the appeal.

You are free to make a fresh application whilst an appeal is ongoing, but you have to pay all over again.

There is also a possibility that it might not go to a hearing, if the Entry Clearance Manager, who should review the decision upon recieving your appeal notice. He can if he wants overturn the original decision.

This is why it is important to know the reasons for the refusal.

[flfaye]

Hi thanks for your reply.

my son was born july 2007, 20 months so far. He is in China at the moment. My husband was planning to come back with my son to join me but because my son's application was refused, he has to stay in China with him as one of us needs to be with our child.

I think the entry clearance office refused his visa because he was not aware that my husband is planning to come back to UK, and he therefore refuse saying i haven't demonstrate sole responsibility for a substaintial period, he also give other reasons which are loads of crap, and can be easily rebuted.

As long as i can make a fresh application, i will be pleased cause i just couldn't wait another minute for my son to come and join me.

thanks again.

[batleykhan]

Ok. You have two options

If you sent your appeal form back to the Embassy in China from where you made the original application, then contact them by phone/ email and ask if teh Entry Clearance Manager has reviewed the matter in light of the new evidence/reasons you have stated in your appeal notice.

This way there is a possibility that they might change their mind and give your son a visa, thus saving you time and money reapplying again.

If on the other hand you sent the forms back to AIT in Leicester, then I am afraid its going to take a few weeks before the ECM receives the necessary papers from AIT. Then like above he will have to reconsider before making a decision. That unfortunately can take up to 3 months.

As you want your son in the UK asap, then the second one is useless and you might be better off making a new application. Explain the reason that you husband will be coming to the UK, therefore leaving you baby behind. I think the ECO will find it difficult to turn it down.

However by reapplying there is no guarantee you will get your son a visa. You have to make sure you don't make the same mistakes as first time around.

If you do get your son a visa with a new application, then just write to AIT stating you wish to withdraw the appeal.

Good luck

[flfaye]

Hi Thank you very much for your help!