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Uk Visa - Visa Appeal Process by funkybaby(f): 3:15pm On Nov 09, 2006
my younger sis. is a full-time student in one of the federal universities in nigeria. she applied for a uk visit visa JULY 2006. to our amazement, she was denied. she was denied by the silly entrance clearance officer based on the following reasons,

1. she was single and unmarried
2. she didnt declare any income (a full-time student)
3. she didnt show enough evidence that she was coming back to nigeria.
4. if given the visa, she might seek recourse to public funds and employment

attached to her application was letters of identification and permission to travel from her university. our parent's bank statement was fat (they didnt complain about that, just that they expected her to declare her personal income which sounds really silly since she's a student), property deeds of our parents, parents passport(they travel often) , my uncle gave her a well-composed, lovely letter of invitation, as well as other documents and all her documents are genuine.

she was not called for any interview, her department @ school was not called,  parents were not called ,  they did not even call my uncle to confirm if truly he was iniviting her.

anyway, in annoyance i filed an appeal on her behalf where i stated her case. She got a letter from the appeal tribunal in SEPTEMBER 2006 saying that they had received her appeal and they have asked the Bristish High Commission to forward them all details regarding her application by 20TH NOVEMBER 2006.

to our shock and that of my uncle too, he was called on 5TH OCTOBER 2006 by the embassy officials in Lagos. they asked him all the questions that they should have asked him when she first submitted by application in July. i wonder why they were just doing this now when they ought to have done that initially. anyway, my uncle said he answered all their questions intelligently and we should hope for the best.

now to my questions (i need the opinion of people that have gone through UK visa appeal)

a. how long does the whole thing take, (we have been on it since July and she wants to spend the christmas hols in UK)
b. is the case going to be heard in court or will the assylum people base the opinion on what the uk peeps submit to them?
c. based on all i have typed, do you think she stands a good chance of getting the visa eventually?


thanks !
Re: Uk Visa - Visa Appeal Process by kizol(m): 6:18pm On Nov 16, 2006
Well as am Immigration consultant, my advise is that you should be patient it might take six month because the will have to go through you document one by one and the will all so ask the guy that access you application to give is reason for refusing and this will take time you know but hopefully they might grant you visa with the way thing is going
take care
for more help u could mail us at
[color=#990000][/color]immigrationconsultants1@yahoo.com
Re: Uk Visa - Visa Appeal Process by LondonCool(m): 12:55am On Dec 22, 2006
Your appeal duration may depend on many variables but could take between 3-6 months.

After a rejection, you are told if you qualify for an appeal and where the appeal will go to. It is usually Assylum and Immigration Tribunal, London.Your Appeal will be sent to the AIT in London for registration which takes about 2-3 weeks, once registered and an appeal number is issued the ECO at the British post you applied will review the appeal along with his manager (ECM) .

In case the ECO/ECM decides to over turn the decision he will then send you a letter appeal withdraw form (APP9) .In case the  ECO decides to stand by his decision he will then have about 78 working days to prepare a report on the same and then send it to the AIT after which the AIT Judge will look at your appeal .If you have opted for a paper hearing the judge will make a decision based on the paper evidences you have given and if you have opted for a personal hearing then the sponsor will be given a hearing date and has to be attended by the representative or the sponsor.  You then apply to AIT attaching further evidence with a proviso that it has to be what the ECO is reasonably expected to be aware of.


AIT then sets a hearing date which is usually by a single judge - Adjudicator. Upon hearing both you (the petitioner) or your solicitor and the ECO (THE RESPONDENT REPRESENTED by Home Office staff), the Adjudicator takes a decision. That decision if favourable will usually instruct that an EC be issued. Otherwise the earlier decision is supported.

The story does not end here,  if the AIT judge decides to make a decision in your favour he will then send a letter about his decision to you as a appealent, your repersentatiove or sponsor and to the ECO who made the decision,  after this the ECO will have 28 days to appeal against the decision and if he decides not to appeal you will be issued with a entry clearence after 28days from the date of the decision but if he decides to appeal you will be back to square one,
Re: Uk Visa - Visa Appeal Process by Akolawole(m): 10:32pm On Dec 22, 2006
Thanks everyone.
Welcome on board Londoncool.

@Kizol
Why must we deal on Email?
I think advise should be here OPENLY.
Free Advise on Seun's free Public forum.
Re: Uk Visa - Visa Appeal Process by Akolawole(m): 11:05pm On Dec 22, 2006
LondonCool:

As a UK Immigration Officer, your appeal duration may depend on many variables but could take between 3-6 months.

After a rejection, you are told if you qualify for an appeal and where the appeal will go to. It is usually Assylum and Immigration Tribunal, London.Your Appeal will be sent to the AIT in London for registration which takes about 2-3 weeks, once registered and an appeal number is issued the ECO at the British post you applied will review the appeal along with his manager (ECM) .

In case the ECO/ECM decides to over turn the decision he will then send you a letter appeal withdraw form (APP9) .In case the  ECO decides to stand by his decision he will then have about 78 working days to prepare a report on the same and then send it to the AIT after which the AIT Judge will look at your appeal .If you have opted for a paper hearing the judge will make a decision based on the paper evidences you have given and if you have opted for a personal hearing then the sponsor will be given a hearing date and has to be attended by the representative or the sponsor.  You then apply to AIT attaching further evidence with a proviso that it has to be what the ECO is reasonably expected to be aware of.


AIT then sets a hearing date which is usually by a single judge - Adjudicator. Upon hearing both you (the petitioner) or your solicitor and the ECO (THE RESPONDENT REPRESENTED by Home Office staff), the Adjudicator takes a decision. That decision if favourable will usually instruct that an EC be issued. Otherwise the earlier decision is supported.

The story does not end here,  if the AIT judge decides to make a decision in your favour he will then send a letter about his decision to you as a appealent, your repersentatiove or sponsor and to the ECO who made the decision,  after this the ECO will have 28 days to appeal against the decision and if he decides not to appeal you will be issued with a entry clearence after 28days from the date of the decision but if he decides to appeal you will be back to square one, 


Wonderful contribution but let me clarify it further.

1) After refusal, refusal notice and appeal paper given to Applicant

2) Applicant can file the grounds of appeal and either submit it @ BHC that ealier treat the application, Lagos/ Abuja. This will take a longer time OR send it directly to Loughborough in UK.

Applicant chose either Paper or Oral Hearing.

3) AIT allocate reference number and sent your own defence(grounds of appeal ref(2) ) back to ECO who treat your application FOR REVIEW. At this junction, ECO review it, reconsider his ealier decision and ask you to come for the visa OR satand by his ealier stand and the prepare a report to explain why he refuses. The report will then be sent in form of a bundle and to include photocopies of your documents.

4) If it is a hearing appeal, Witnesses and representative will come to give evidences. ECO will be represented by Home office Presenting officer. If Paper appeal, the decision will be carried out based on documents presented by both parties.

5) Decision(Judgement) sent to applicant,representatives, Sponsor

6) Allowance of 28 days is given for the loser to appeal. If the appeal is Allowed, after a reasonable time, the Embassy will write or phone the applicant  to come for the visa but with a recent school's enrolment but these days they are asking for bank statements again.
Re: Uk Visa - Visa Appeal Process by LondonCool(m): 3:45pm On Dec 23, 2006
Akolawole,

That was a very nice summary


Seun,

I'm suggesting a separate discussion thread for UK/US Immigration matters here (and, no hawks should come there to solicit for clients)
Re: Uk Visa - Visa Appeal Process by Akolawole(m): 7:11pm On Dec 23, 2006
LondonCool:

Akolawole,

That was a very nice summary

Seun,

I'm suggesting a separate discussion thread for UK/US Immigration matters here (and, no hawks should come there to solicit for clients)

Thanks Baba.

I have seen touches of class with those terminologies of yours.
Only the deep can call to the Deeeeeeep.

@ LC

I hope Seun start somethinh like that

Dont mind all those so called Lagos visa agent who keep on giving E-mail address.

We are not in a cult group, everything should be opened.
Re: Uk Visa - Visa Appeal Process by muyiwabank(m): 7:21am On Dec 30, 2006
i think i now know why Akolawole did not reply my personal mail to him.

well i was refused a student application in DEC.2005 and i decided to adress the issue the ECO comment about and re applied again in January 2006 but iwas refused again with all the letters addressed to the embassy.

i then appealed and since then i have been on it because the ECO failed to filed in my case was adjourned till november 21 after the judge sat on it on Sept.20 all in 2006, the reason for adjourment was that the ECO failed to file in and he cannot decide the case judicially if the ECO did not file in.

i have been calling the AIT since the case was visited again in Nov.2006 but the usual response is that the judge has not released the file, i have sent a letter to the judge and a copy of my new offer letter showing that the school will resume on Jan. 15,2007.

please advise what should i do now as time is really running out against me.

Akolawole,mrpataki and all the other experts in the house please advise on this.
Re: Uk Visa - Visa Appeal Process by Akolawole(m): 1:35pm On Dec 30, 2006
muyiwabank:

1) i think i now know why Akolawole did not reply my personal mail to him.

well i was refused a student application in DEC.2005 and i decided to adress the issue the ECO comment about and re applied again in January 2006 but iwas refused again with all the letters addressed to the embassy.

2) i then appealed and since then i have been on it because the ECO failed to filed in my case was adjourned till november 21 after the judge sat on it on Sept.20 all in 2006, the reason for adjourment was that the ECO failed to file in and he cannot decide the case judicially if the ECO did not file in.

i have been calling the AIT since the case was visited again in Nov.2006 but the usual response is that the judge has not released the file, i have sent a letter to the judge and a copy of my new offer letter showing that the school will resume on Jan. 15,2007.

please advise what should i do now as time is really running out against me.

Akolawole,mrpataki and all the other experts in the house please advise on this.

1) why do you think i didnt reply your mail?

2) Where did you sent your appeal to? Loughborough or BHC?


Answer number 2 then, i can advise.
Re: Uk Visa - Visa Appeal Process by muyiwabank(m): 7:11pm On Dec 30, 2006
thank God you are online, i sent it to Loughborough

expecting your advice now

thanks
Re: Uk Visa - Visa Appeal Process by Akolawole(m): 1:25pm On Dec 31, 2006
@Muyiwabank

I found your situation strange.

I have seen many cases that ECO did not file the bundle and Immigration go ahead with the case.

This is against Principle of Natural Justice.

Please email or write the AIT and lets hear their response. Please dont rely on telephone conversation.

If they do confirm that they are waiting ENDLESSLY for ECO, you can take them on.
Good luck.
Re: Uk Visa - Visa Appeal Process by muyiwabank(m): 3:07pm On Dec 31, 2006
thank you very much, i will call them on the next working day i.e 02-01-2007 and if i cant get a reasonable answer i will send a fax to them and i will keep the house posted.

once again thank you.
Re: Uk Visa - Visa Appeal Process by funkybaby(f): 4:25pm On Dec 31, 2006
@ londonkool and akolawole, thanks alot.

@ kizol, this is really the wrong place to be soliciting for clients, all i asked for was free advice

anyway, i actually posted this thread on behalf of my younger sister (she is actually the one that was refused the visa). i helped her in filling the appeal form and as well contacting the AIT and all that.

her case was heard by the judge some weeks ago, november 18th 2006 precisely. my uncle<her sponsor represented her>. all the judge asked were my sister's plans after school and evidence that my uncle could accommodate her< this he proved by giving the judge a copy of his house deeds>. according to what my uncle told me, the officer representing the home office did not even say one word. i guess this is because he knows that the decision to refuse her visa application was wrong. anyway, with the response of the judge, her case will be allowed <the refusal decision over-turned>. we are waiting for the confirmatioon which will be very early in the year. i will keep you all posted.

@ seun, i also think you should start a thread on immigration issues
Re: Uk Visa - Visa Appeal Process by funkybaby(f): 4:41pm On Dec 31, 2006
this case has made me do a lot of reading on the internet and also asking people about united kingdom's appeal process. what i can say is this, anybody appealing against the decision of the ECO needs to be patient and prayerful. apart from cases regarding assylum issues or permanent residency, i advise people who have been refused visas to appeal. if you are sure about the authenticity of your documents, you can appeal. i doubt if those ECOs read all the documents before them. i heard that they are always under intense pressure < too many visa applications> that all they do is just glance through, look at the age of the applicant and then stamp the passport. infact, the judge at the immigration tribunal has more time and patience to go through your documents than the ECO. another thing i can say that getting a lawyer is not really compulsory for the appeal proceedings. besides, most of the lawyers in UK handling immigration matters charge crazy fees. for example, my uncle initially contacted a lwayer to represent him for my sister case, the guy asked for 650 pounds ? just to appeal in the court for less than one hour!!! for christ's sake, she is doing no paper work, all the paper work had been done by myself on behalf of my sister. if your sponsor is eloquent and can do you the favour of skipping work for some few hours to attend the court proceedings, you have a higher chance of winning the case. according to my uncle, the proceedings is not like the normal conventional courts. its more like "questions and answer sessions" and the judges are always very pleasant. another advice i can give is that you should send all your documents to the appeal office in Loughborough. do not deal with BHC in lagos still you get your determination .ie. the judge's statement confirming that you have won the appeal.

@ muyiwabank, i am also suprised about your case. dont laugh but i advice that you pray. just as akolawole said, the judge should have determined your case since the ECO did not file your appeal bundle. it is in the notice of appeal sent to both parties that both parties must submit all documents to be relied on at the hearing. so seriously, i advice that you pray and talk to God about you. i also advise you to get the services of a good lawyer. it might cost you some tidy some of money, but i feel you stand a good chance of getting the visa at the end of the day, best of luck
Re: Uk Visa - Visa Appeal Process by Akolawole(m): 6:02pm On Dec 31, 2006
@ Funkybaby

The case can even be more than £650.
Believe me.

Visa appeal has categories.
Re: Uk Visa - Visa Appeal Process by mrpataki(m): 6:04pm On Dec 31, 2006
@ Muyiwabank,
Sorry i just popped into this thread after a while.
A lot of things i cant understand in full here, like;
- did you submit a paper evidence, or oral hearing?
- did you file the appeal yourself or who did it for you?

Well, i will suggest that you fax them as that will be your best option for now. State when the educational establishment will be resuming as well the circumstances surrounding your case at the moment.

Dont call them as different people keep picking the calls, so better still just fax them your letter.

lets know the latest soon.

They will be resuming back to work by 3rd january so fax them then stating your appeal number as well oh! wink
Re: Uk Visa - Visa Appeal Process by mrpataki(m): 6:09pm On Dec 31, 2006
@ Funkybaby
I have seen cases where some of this immigration lawyers have requested for an amount close to 1000GBP, infact a member of a prominent Nigerian Church in the UK! did actually request for that amount. just for the refusal of a student visa this very year.

Cases differ, and the amount will always vary.
Re: Uk Visa - Visa Appeal Process by mrpataki(m): 6:12pm On Dec 31, 2006
@ Akolawole,
Akolawole:


Look at this example.

A man who has his indefinite stay withdrawn because of crime.

Came back to lagos, live for one year.

Want to go and visit the wife and kids who are resident in UK.

This is a case that involve removal of Deportation order.

The case was won but my "C" get loads of money on this.

It is not every appeal applicants can write or file.

I have a similar case infact there are two of them like that i have seen here.
Re: Uk Visa - Visa Appeal Process by muyiwabank(m): 4:10pm On Jan 01, 2007
thank you all for the advise

i will write a letter to the effect and post in this forum later today so that people can check it for me before i fax it to the ait.

i wrote the appeal with the help of an uncle, though he is not a lawyer but he knows much about immigration matters.

i also submitted a lot of paper evidences to support my appeal.
Re: Uk Visa - Visa Appeal Process by Akolawole(m): 5:30pm On Jan 01, 2007
@MuyiwaBank

Fax and post the letter by Registered mail.

You can post it here but dont put your proper name and correct reference number.

Good luck.
Re: Uk Visa - Visa Appeal Process by muyiwabank(m): 7:06pm On Jan 01, 2007
THIS IS THE LETTER I INTEND TO FAX TO THEM.

The Asylum and Immigration Tribunal,
Manchester Piccadilly,
Manchester, UK


ATTENTION: IMMIGRATION JUDGE KHAWAR


RE: APPEAL CASE NUMBER ,
Akolawole:

@MuyiwaBank

Fax and post the letter by Registered mail.

You can post it here but don't put your proper name and correct reference number.

Good luck.

The above appeal reference number refers.

I refer to my fax to the tribunal, where I stated that my appeal has been pending due to the fact that the entry clearance officer has refused to send the bundles to the tribunal.

The case has been re-listed again on the 21st, November 2006 and since then I have been calling the customer service centre of the tribunal and I have not been able to get any result.

Kindly find attached again the copy of my new offer letter, stating that the school shall resume on the 15th of January, 2007.

I believe I can still make this date if the case can be determined and the determination sent across to the British high commission for immediate attention.

Kindly, help in finding a lasting solution to this issue, as I will not like to miss the opportunity again this academic session.


Yours sincerely,


Akolawole Baba,

plese i dont get you do you mean i should send the letter without my appeal number?

and also the time is very short and i doubt if a resgistered mail can really work because i have just a week interval to do this.

i will appreciate if i can talk to anybody in the house on the phone.

thank you all.
Re: Uk Visa - Visa Appeal Process by Akolawole(m): 7:38pm On Jan 01, 2007
@Muyiwabank

1) I mean dont disclose your reference number nor your proper name here.

2)I think you need to re-draft that letter.

3) Even if the Judge personally deliver the decision(judgement) by hand there is absolutely no way you could get the visa by 15th January. No way.

Cheers.
Re: Uk Visa - Visa Appeal Process by funkybaby(f): 8:27am On Jan 02, 2007
@ muyiwabank akolawole is right. There is no magic u can perform. There is absolutely no way u can get the visa before 15th january. I know u will be very disappointed in hearing this. There has to be something wrong with ur appeal application or u need to pray seriously to God and tell Him ur plight. I advise you write to the school, writing in full <not summarising) ur ordeal with d appeal process and ask for another admission letter for resumption in September 2007(i do not know if this can be changed since u originally asked to resume in January but u can still give it a shot). Secondly,the letter u want to post to d AIT is not comprehensive enough. U need to write EVERYTHING. Starting from ur initial visa refusal,the appeal proceedings,all the documents u submitted,d fact that d home office did not submit ur bundle, Write everything. Also state that u have called the AIT several times and make reference to the previous fax sent to them. Highlight the key phrases of ur letter. Then copy AIT's office at loroubrough, copy d presenting officers unit @ angel square.ie.fax or post them copies of the same letter u are faxing to the judge. Do this and i am sure u will see some response from all parties involved. I do not know ur financial ability.ie.if u can hire a lawyer but i believe if u can be patient,persistent and prayer, u can win this by doing the work alone. Keep the house posted. Dont give up. Best of luck.
Re: Uk Visa - Visa Appeal Process by funkybaby(f): 8:37am On Jan 02, 2007
@muyibank, pls answer these questions, Did you pay your school fees in full or part payment? If you did not pay in full,how much do u have to balance up? Am asking this question cos if assuming your school fees is 1500pounds and u paid just 500pounds of d whole amount,d visa officials will hold on to this and keep refusing ur visa. These days,they expect u to pay ur fees in full or way over half, This gives ur application a higher chance of being approved. Secondly, is ur sponsor @ UK willing to represent u at the tribunal?
Re: Uk Visa - Visa Appeal Process by Akolawole(m): 12:57pm On Jan 02, 2007
@Funkybaby

Thanks.

Please dont put the poor boy under unnecessary pressure.

1) He didnt need to WRITE EVERYTHING, if he doesnt mind i will draft one here for him.

2) School fees: It doesnt really matter but its a factor if the school used is a University where the average fees is £6000.
What they will hammer on is the maintenance and accommodation which is why they keep on reffering to British council's reccomendation.

3) Presenting officers are useless i tell you. they have too much cases to deal with, they even hire lawyers from outside which is why UK government is withdrawing appeal process little by little.
Re: Uk Visa - Visa Appeal Process by funkybaby(f): 1:19pm On Jan 02, 2007
@ akolawole , I never realised i was putting d guy under unnecessary pressure. I am so sorry about that o! I'm only trying to help. The guy seems desperate to get the visa. I am not a lawyer nor an expert at immigration matters but i read and research a lot. Any advice i give here are based on personal experiences of people close to me and what i read. Kindly draft and post the letter here for d guy. I am sure it will be useful to him and others who might have similar problems in future. Thanks a lot for the hint regarding d importance of convincing the peeps at the embassy on being able to accommodate and maintain oneself regarding student visa application. I intend putting in my application to study for my masters this september, I've been concentrating on the fees, Seriously,we should start a special thread on immigration matters, There are just too many issues to be addressed and so many mistakes to be avoided,    It is well !
Re: Uk Visa - Visa Appeal Process by funkybaby(f): 1:25pm On Jan 02, 2007
@ akolawole , I never realised i was putting d guy under unnecessary pressure. I am so sorry about that o! I'm only trying to help. The guy seems desperate to get the visa. I am not a lawyer nor an expert at immigration matters but i read and research a lot. Any advice i give here are based on personal experiences of people close to me and what i read. Kindly draft and post the letter here for d guy. I am sure it will be useful to him and others who might have similar problems in future. Thanks a lot for the hint regarding d importance of convincing the peeps at the embassy on being able to accommodate and maintain oneself regarding student visa application. I intend putting in my application to study for my masters this september, I've been concentrating on the fees, Seriously,we should start a special thread on immigration matters, There are just too many issues to be addressed and so many mistakes to be avoided,    It is well !
Re: Uk Visa - Visa Appeal Process by mrpataki(m): 11:36am On Jan 03, 2007
@ muyiwabank
You really need to re draft that letter, it is very well not good enough at all.

Follow the line of advice of funkybaby, include almost every detail that you think will be in support of your favor, and most especially never forget to pray, cos you need it.

As well do let us know the latest soonest.
Re: Uk Visa - Visa Appeal Process by mrpataki(m): 11:37am On Jan 03, 2007
Also please be careful not to divulge any sensitive or rather personal information about your case here pleaseeeeeeeeeee.

There are a lot of scammers out there.

Good luck to you.
Re: Uk Visa - Visa Appeal Process by funkybaby(f): 5:54pm On Jan 03, 2007
@ akolawole, londoncool and mrpataki

from your posts on this forum, it seems u three are really matured,enlightened and well versed on life abroad and immigration issues. Since i've got u guys attention,i'll like to ask ur opinion and advice on an issue that has been bothering me for days now. I'm dating a young guy that's an undergraduate student at one of the universities in UK. Our relationship is going on beautifully well until this issue came up during christmas. I had always felt he intended coming back to naija 2settle down after d expiration of his student visa next year, only for him to tell me that he is not leaving UK till he gets d 'red passport'. ie. Uk citizenship. What worries me now is that he told me that d easiest way to get it is through 'contract marriage'. I'm really worried cos i luv him a lot and i know that to get ladies these days that will stick to d 'terms of d contract' is quite rare these days. I do not any lady to end up having a baby for him all in d quest for d red passport but he's telling me that cant happen but i'm still worried. Now,my question is this-is there any other way he can get d british citizenship? He does not qualify for HSMP(i've checked that already). Thanks
Re: Uk Visa - Visa Appeal Process by funkybaby(f): 6:09pm On Jan 03, 2007
Please, i need you guys to be really explainatory and also state how many years(depending on the method he wants to use). I know that by marriage takes about 2-3 years while hsmp takes about 5years. I do not want him to over-stay in the uk and go around with an expired visa. From the little i know,i'm thinking of telling to apply for his masters as soon as he is through with his first degree. He should then work for another one year. With this calculation,i think he should be able to apply for 'right of abode' since he would have spent five years in the uk? Am i right in this regard? Pls,i need urgent and sincere answers. We spent christmas together in the uk and this issue kinda ruined the holiday for us. I'll be seeing him at d end of this month and i want to be able to give him some good advise and another alternative to the contract marriage option. Thanks. pls,do not start thinking that the guy is seeing someone else in uk or is thinking of calling the relationship off, Thats a non-issue cos like i said ours is a very committed relationship with no hassles. Thanks
Re: Uk Visa - Visa Appeal Process by funkybaby(f): 6:23pm On Jan 03, 2007
Pls,if u guys do not feel comfortable about posting your honest opinion/advise/tricks (i know that there are some ways of bypassing immigration laws or hastening the whole process), please e-mail me. Thanks a lot.

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