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Have I made a mistake?

6K views 23 replies 2 participants last post by  Joppa 
#1 ·
The first time I applied (and was denied) I don't recall paying for the package to be sent back to me. I just got an e-mail w/ my UPS info shortly after being denied in a prior e-mail. I'm concerned about my appeal thats been sent to the Embassy in NYC. I did not send a money order or anything with this appeal. This is a portion from the e-mail I got last Friday:

If you submitted your passport at the time of appeal, your entry clearance will shortly be issued. You will receive an email notifying you of this and providing you with a return UPS tracking number.

If you did not submit your passport at the time of appeal please send it back to us as soon as possible in order for your entry clearance to be issued. The envelope should be clearly marked for the attention of the Appeals Officer. You should also enclose a money order for $12, payable to the British Consulate General, in order for your passport and visa to be returned to you via overnight delivery by UPS.


I see the bit about the sending $12 back, but do they not mean the people who didn't send their passports? Our passports are with the appeal...I'm confused now ARGH!!! Also, this was the e-mail saying Entry Clearance was approved and would shortly be issued if I'd sent in my passports w/ the appeal (which I had)...Thanks for any help!
 
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#2 · (Edited)
If you went to full appeal, then the decision to allow your visa was made in London by an immigration judge.

What happens if my appeal is allowed by an Immigration Judge?

If your appeal is allowed, the determination will be sent to the relevant visa section who will in turn contact you. It can take up to 4 weeks for allowed determinations to reach the relevant visa section and a further 8 weeks to process the determination. The visa section will write to you using the contact details provided on your appeal form (IAFT-2). Please do not contact the visa section until 12 weeks have passed from the date you or your representative received the allowed determination. This date will be stated on your written determination.

Do not contact the First-tier Tribunal (Immigration and Asylum Chamber) or the Immigration Enquiry Bureau (IEB) about your appeal after you have received your allowed determination. They will not be able to issue you with a visa or deal with your enquiry.

Appeals - visa application guide

Looks like you just have to wait until you get your visa, hopefully not 8 weeks! No, you don't need to send $12 as you have enclosed your passport with your appeal papers.
When did you lodge your appeal, and when did you hear about your successful appeal?
 
#3 ·
If you went to full appeal, then the decision to allow your visa was made in London by an immigration judge.

What happens if my appeal is allowed by an Immigration Judge?

If your appeal is allowed, the determination will be sent to the relevant visa section who will in turn contact you. It can take up to 4 weeks for allowed determinations to reach the relevant visa section and a further 8 weeks to process the determination. The visa section will write to you using the contact details provided on your appeal form (IAFT-2). Please do not contact the visa section until 12 weeks have passed from the date you or your representative received the allowed determination. This date will be stated on your written determination.

Do not contact the First-tier Tribunal (Immigration and Asylum Chamber) or the Immigration Enquiry Bureau (IEB) about your appeal after you have received your allowed determination. They will not be able to issue you with a visa or deal with your enquiry.

Appeals - visa application guide

Looks like you just have to wait until you get your visa. No, you don't need to send $12 as you have enclosed your passport with your appeal papers.
I sent my appeal back to the same NY processing office UKBA who denied me the first time. I was told by them that if they overturned the original decision that I would hear back by e-mail. That if they denied it again, that @ that point it would be sent to the UK.

If the refusal is overturned: If the ECM is satisfied that your application meets the Immigration Rules, the original decision may be overturned, and entry clearance approved. You will receive an email informing you of the next steps.

If the refusal is upheld: If the ECM is still not satisfied that your application meets the Immigration Rules, the original decision may be upheld. If this is the case you will receive an email informing you that your appeal is being sent to the UK for a hearing at the Asylum and Immigration Tribunal (AIT). You will receive an email informing you of the next steps.


So, like I said, I've heard back by e-mail on the 8th that the ECO there overturned the original decision. I did not enclose the $12 money order. My question is, if they send it back to me USPS and not UPS, would I get an e-mail saying it's been sent back to me?
 
#13 ·
Great! I still think that an original rather than faxed copy of your husband's long birth certificate is better to have with you when entering UK. If your mother-in-law doesn't want to mail her copy (prob issued when his birth was registered), a copy can be had by post, or even you can order one to be airmailed:
https://www.gro.gov.uk/gro/content/certificates/default.asp which should arrive within 10 days in US.
You need full details of your husband's birth, such as both parents' full names, where he was born (city or town and county; sometimes the hospital he was born in may lie in another town) and date of course.
 
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