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UK Spouse Visa/Appeal Process-part2 / Advice On Visa Appeal / Uk Student Visa Appeal Or Immediate Reapplication (2) (3) (4)

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Re: Uk Visa - Visa Appeal Process by Imani(f): 10:15pm On Jan 18, 2007
VOR:

A bit more than the average man in the street.
Why do you ask?

I posted a topic https://www.nairaland.com/nigeria/topic-35459.0.html, where i need expert help. Please check and i would like some feedback if it is not too much trouble. Thanks wink
Re: Uk Visa - Visa Appeal Process by VOR(m): 10:48pm On Jan 18, 2007
Imani:

I posted a topic https://www.nairaland.com/nigeria/topic-35459.0.html, where i need expert help. Please check and i would like some feedback if it is not too much trouble. Thanks wink

I did see this at the time you posted it and I was going to respond but got sidetracked.
If you give me a couple of days or so, I will respond.

I think there might be something that would help you but I need to get to my office
to do a bit of research.

R u a big brother fan? grin grin
Re: Uk Visa - Visa Appeal Process by Imani(f): 10:58pm On Jan 18, 2007
R u a big brother fan? grin grin
[quote][/quote]


BB fan shocked. I dont have the time or patience to watch a group of overhyped z list 'celebrities'. I dont even have a tv in my room at uni grin. The BBC license fee has just gone up again angry

If u would to reply in private , my email is dancingdonuts@yahoo.co.uk. If not u can post on nairaland. Your advice may be able to help others too.
Re: Uk Visa - Visa Appeal Process by Akolawole(m): 1:24am On Jan 19, 2007
funkybaby:

@ muyiwabank
congratulations! It seems this is the season of testimonies and visa breakthroughs. To God be all the Glory. I think 28days start counting from the date the decision was sent to you and the home office via post. You can confirm this date by calling or mailing AIT. I think you should not wait till then since your school is already enrolling and you are almost late. I advise you go personally to BHC with all your documents and the enrollment extension letter and state your case. You can also email the AIT to ask their own advice since BHC can be a little slow sometimes. Also inform the school on the status of your case and plead for more time, You have been on this since 2005. There's always an exception to the rule. Just act fast, do not wait for the call from the embassy. Best of luck.

VOR:

Funkybaby is right. Do NOT wait for the 28 days, request they grant you the visa straight away.
They don't of course have to give it to you and they can and probably will insist on the time for appeal to lapse.
There is no harm in trying, all they can say is no.

I think we have to be careful here.

Nobody can COMPELL the ECO.

There is lay down rules which they have to follow.

What can AIT people do? They only check the computer to tell you the update, NOTHING MORE.

These people are really under severe pressure because of number of applications they handle daily.

Let us remember there is 28days as well as 56 days.

@Muyiwabank

Sorry i have been very busy lately.

Congrat!!!, we go wash am o grin

Just email the embassy telling them your appeal had been allowed by the Adjudicator. Please state your reference number i.e LAG/2222. Within a week, they will respond but may not grant the visa this January.

Note: They may ask you to bring the updated sponsor's bank statement with school letter.

Good luck.
Re: Uk Visa - Visa Appeal Process by muyiwabank(m): 5:34am On Jan 19, 2007
Thank you so much Akolawole.

The sponsors Bank statement is no problem but the only problem here is that i have a scanned letter from the school sent to me via email telling me that i can be allowed till Feb 9th.

Can i take this letter there?

as for the email to them im doing that right now.
Re: Uk Visa - Visa Appeal Process by VOR(m): 9:55am On Jan 19, 2007
Hi Akolawole,

I realise there is no compulsion on behalf of the ECO and this is why I used the word REQUEST and not demand.
and I used the phrase "they don't of course have to give it to you, "

@ Muyiwabank,

My brother cool down and ensure you read your correspondence.
Until your last post you said you had till 09/01/07 to enrol, it now
appears it is in fact 09/02/07.

Of course you can use the e-mailed letter from the BHC, just print it off,
why do you need to scan it first? undecided undecided undecided
Re: Uk Visa - Visa Appeal Process by muyiwabank(m): 11:19am On Jan 19, 2007
@VOR,

Sorry i goofed on the date its actually 9th of Feb.2007.

as per the scanned copy of the late enrolment letter, the school sent it to me as an attachment in pdf format. i just printed it out.

I also sent a mail to the international adviser in the school today to fax a copy of the letter to the BHC. I am still waiting for the response.

i will keep the house posted as soon as the letter is faxed to the BHC.
Re: Uk Visa - Visa Appeal Process by mrpataki(m): 12:12pm On Jan 19, 2007
@ Muyiwabank,
Glad over your allowed appeal!
Glad as well that nairalanders are equally great too here!

Personally I dont subscribe to putting undue pressures on those BHC peeps. They will contact you, but you could still go ahead and make your contacts with them.
Re: Uk Visa - Visa Appeal Process by VOR(m): 12:03am On Jan 20, 2007
@ Imani

Have you heard of the SEGS and TWES schemes?
Re: Uk Visa - Visa Appeal Process by ainkay: 6:09pm On Jan 20, 2007
Dear All,
I was searching for the topics on UK Visa appeal and really pleased to see such detailed posts and replies.
I hereby request you all to help me as well.
I applied for UK student Visa in July 2006 for Oct 2006 session for Postgraduation in UK.
I sent all the original academic documents and unconditional offer from University and Bank statement of my father.
I got a refusal stating that my academic documents appear to be FORGED and under section 320(21) they are refusing my application.
It was really heart breaking to know that Visa has been refused especially due the reasons which are 100% wrong. All my submitted documents were original.
Anyhow, after going thru this dilemma for a couple of days, I decided to appeal against ECO decision. I sent appeal application kit with documents to support my points why i disagree with ECO decision. I also sent them verified copies of my documents from head of my institution and from head of Board with whom our institution is affiliated. It is now that I heard from AIT that they are going to decide my case by an ORAL HEARING (my sibling is in Uk and he will represent me) in march this year and advised me to send ALL documents related to application to them.
As I already sent my original documents to them so will send them copy of my documents.
In the notice of appeal hearing it is written for the respondent (ECO) that " WE HAVE NOT RECEIVED BUNDLE OF DOCUMENTS FROM YOU (ECO) EVEN AFTER PASSING OF DUE DATE, SO, SEND US THE BUNDLE WITHOUT ANY FURTHER DELAY".
What I can see is there was no point that ECO had refuse my visa because all my documents are original, therefore he does not have any points (why he refuse me a visa) to submit with the AIT .
I am a bit worried now because as I read somewhere in a posts that in case if ECO will not submit the bundle hearing may be adjourned. And God knows better what will happen?
Please comment that how do you see the chances of my appeal approval. And also other helpful suggestions, if any.
Many thanks for such a nice posting community.
Sincere regards
Re: Uk Visa - Visa Appeal Process by muyiwabank(m): 8:44pm On Jan 20, 2007
@ ainkay,

I will advice yo to always call the AIT and always contact your school.

i just won my own appeal and with what you have written you also stand the chance of winning.

You just keep praying and always follow every details up.

All the best
Re: Uk Visa - Visa Appeal Process by funkybaby(f): 8:25am On Jan 21, 2007
@akinay
the first and major thing of the appeal process is prayers. Its a good thing you appealed since you are damn sure of the authenticity of your documents. But if they are fake, be rest assured that the presenting officer on the day of the appeal will stand by their decision. They have a fraud detection unit o! Anyway,Tell God that your name and reference number should continually receive favour in the sight of men. I really do not know how to go about 'hastening' the ECO to send your bundle. But am sure VOR, mrpataki and akolawole can give you useful advice and suggestions. Best of luck.
Re: Uk Visa - Visa Appeal Process by ainkay: 8:55am On Jan 21, 2007
Thanks funkybaby and muyiwabank for your kind suggestions.
No doubt prayers are indispensable, I do pray.
I do hope to hear from VOR, mrpataki [/b]and [b]akolawole also.
Pray for me.
Regards
Re: Uk Visa - Visa Appeal Process by ainkay: 9:02am On Jan 21, 2007
As I do not have a legal representative for my case, please help me understand the following.
In notice of hearing there is a page of directions for appellant (me), as:
1. Witness statements of the evidence to be called at the hearing, such statements to stand as evidence in chief at the hearing.
2. A paginated and indexed bundle of all the documents to be relied on at the hearing with a schedule identifying the essential passages.
As I have already sent all my original documents then what documents can i submit now? I have copies of all those documents.
Please explain what does both these directions indicate, a simple explanation will be of great help.
Pray for me.
Sincere regards.
Re: Uk Visa - Visa Appeal Process by ainkay: 12:54pm On Jan 21, 2007
CORRECTION:

there was a mistake in last post

Please change this line:
In notice of hearing there is a page of directions for appellant (me), as:

with this one:
In notice of hearing there is a page of directions for appellant (me), to send them following:

Sincere regards.
Re: Uk Visa - Visa Appeal Process by mrpataki(m): 2:48pm On Jan 21, 2007
@ ainkay,
Just try and relax a bit, even your apprehension is really trying to break down the walls of nairaland. Just joking grin grin

Sorry I just came here, am most vibrant under the religion thread.

I need to understand some things here,
1. Who filed your appeal?
2. Did you request for an oral hearing on your case?
3. Where did you submit your appeal to, was it the BHC or loughborough direct?
4. If it wasan oral hearing you demanded for, why did you submit the original documents to  them, or rather which original documents did you submit?

Let me just add this that, looking at your case, if your documents are genuine, then you have no cause to worry.

As to the requirement from the AIT reference letter to you,
1. Witness statements of the evidence to be called at the hearing, such statements to stand as evidence in chief at the hearing.
Since your sibling is going to represent you as your witness, I guess the AIT needs him/her to write a statement as to your case, stating the validity of your case and authenticity of such claim, which they will use in deciding your case.

2. A paginated and indexed bundle of all the documents to be relied on at the hearing with a schedule identifying the essential passages.
I guess you will have to re-send your documents to them (photocopies) i mean the AIT peeps, this time, you have to articulately state out your documents in numerical form, the essential documents are to be the order of priority. As well include those that have been withheld by the HC, in the list too.

I guess my other Seniors can further help out. But i think this is what is required of you at the moment.
Definitely when you were filing your appeal, you had not given them all the required information that will expedite your case in time.


Even your case sounds similar to Muyiwabanks smiley
Re: Uk Visa - Visa Appeal Process by mrpataki(m): 3:00pm On Jan 21, 2007
@ Vor,
Do you think Imani qualifies for such scheme? I know she did sciences as her first degree and at the moment she is into management? Really i dont seem to know how to solve her puzzle, thats why i am asking.
Re: Uk Visa - Visa Appeal Process by ainkay: 3:58pm On Jan 21, 2007
Many thanks mrpataki for your kind post.

Ur questions:
1. Who filed your appeal?
2. Did you request for an oral hearing on your case?
3. Where did you submit your appeal to, was it the BHC or loughborough direct?
4. If it wasan oral hearing you demanded for, why did you submit the original documents to them, or rather which original documents did you submit?

Here are the answers:
1. I filed it myself.
2. I requested for a paper hearing first and then requested them to change it to ORAL.
3. I submitted my documents at BHC first ( because I was very much sure that they will overturn the decision) therefore I sent my original academic certificates.
4. I was not sure at that time that whether to submit original or photocopies, and also because their allegation was on genuineness of my academic certificates therefore I thought it better to submit original certificates.
I also sent them verified copies of the same certificates from head of my institution as a prove of genuineness of my documents.
Many thanks again.
I hope to hear more suggestions especially from VOR and akolawole
Sincere regards
Re: Uk Visa - Visa Appeal Process by VOR(m): 11:44pm On Jan 21, 2007
mrpataki:

@ ainkay,
Just try and relax a bit, even your apprehension is really trying to break down the walls of nairaland. Just joking grin grin

Sorry I just came here, am most vibrant under the religion thread.

I need to understand some things here,
1. Who filed your appeal?
2. Did you request for an oral hearing on your case?
3. Where did you submit your appeal to, was it the BHC or loughborough direct?
4. If it wasan oral hearing you demanded for, why did you submit the original documents to them, or rather which original documents did you submit?

Let me just add this that, looking at your case, if your documents are genuine, then you have no cause to worry.

As to the requirement from the AIT reference letter to you,Since your sibling is going to represent you as your witness, I guess the AIT needs him/her to write a statement as to your case, stating the validity of your case and authenticity of such claim, which they will use in deciding your case.
I guess you will have to re-send your documents to them (photocopies) i mean the AIT peeps, this time, you have to articulately state out your documents in numerical form, the essential documents are to be the order of priority. As well include those that have been withheld by the HC, in the list too.

I guess my other Seniors can further help out. But i think this is what is required of you at the moment.
Definitely when you were filing your appeal, you had not given them all the required information that will expedite your case in time.


Even your case sounds similar to Muyiwabanks smiley

I think MrP has pretty much covered everything. The only thing I would add is that it would be helpful if you
added a witness statement to your bundle signed by you and setting out your case.

MR P

Prima facie Imani would appear to qualify for SEGS.
Most, if not all PG masters programmes fall within
the current rules if started after May 2006. I believe
Imani started her current programme just this academic
year.
Re: Uk Visa - Visa Appeal Process by fatliar(m): 1:33am On Jan 22, 2007
i would rather advice u to re-apply than 2 appeal
Re: Uk Visa - Visa Appeal Process by mrpataki(m): 3:41pm On Jan 22, 2007
@ fatliar,
For those who just read on nairaland as well to you, I always advice that if you are given a ROA, it is better you utilise such as it comes, only and only if you know you actually stand a good chance of getting your appeal allowed. That is, if your claim for a visa stand accurate and genuine in all standard.

If in the case your appeal was refused, you can then re-apply to the HC for a visa while addressing all issues of refusal in your former application.
Re: Uk Visa - Visa Appeal Process by mrpataki(m): 3:57pm On Jan 22, 2007
@ Vor,
Thanks for the knowledge shared.
Re: Uk Visa - Visa Appeal Process by fatliar(m): 7:46pm On Jan 22, 2007
@mrpataki
am talking from experience last year 3 of my cousins appealed while d other 2 re-applied
at d same time
after one month visa was issued to d ones dat re-applied while d other 3 waited for 7 months for d appeal to come
out at d end of the day dey where refused
with stupid reasons
Re: Uk Visa - Visa Appeal Process by VOR(m): 8:14pm On Jan 22, 2007
fatliar:

@mrpataki
am talking from experience last year 3 of my cousins appealed while d other 2 re-applied
at d same time
after one month visa was issued to d ones that re-applied while d other 3 waited for 7 months for d appeal to come
out at d end of the day dey where refused
with stupid reasons

Whether one re-applies or appeals is all dependant on the individual circumstances of each case.
Having said that, what I would say to anyone refused a visa is always consider re-applying after
you have addressed and corrected each of the reasons for the refusal. Don't necessarily jump
straight to a long drawn out appeal.

For example, if you are refused because you supplied photocopies rather than original documents
then re-apply with the originals rather than going to appeal.
Re: Uk Visa - Visa Appeal Process by mrpataki(m): 1:46pm On Jan 23, 2007
VOR:

Whether one re-applies or appeals is all dependant on the individual circumstances of each case.
Having said that, what I would say to anyone refused a visa is always consider re-applying after
you have addressed and corrected each of the reasons for the refusal. Don't necessarily jump
straight to a long drawn out appeal.

For example, if you are refused because you supplied photocopies rather than original documents
then re-apply with the originals rather than going to appeal.

Thanks Vor, That is the honest truth!

As well I have seen cases of people that have an appeal on a particular visa, yet have applied for that same visa again, and were given, some were refused, yet some were given.

It depends so much on the circumstance of individual cases.
Re: Uk Visa - Visa Appeal Process by ainkay: 10:25am On Jan 24, 2007
Thanks a lot every body for kind help.
I would be grateful if any body help me write WITNESS STATEMENT? a sample witness statement which one have submitted in his/ her appeal will help me write the one for me.
Please post/ comment.
Regards
Re: Uk Visa - Visa Appeal Process by muyiwabank(m): 10:47am On Jan 24, 2007
hi good people of nairaland,

BHC replied my mail yesterday and told me that they have not seen their own copy of the determination.

find below the mail they sent to me

Dear Sir,

Thank you for notifying to us the outcome of your appeal.

We are yet to receive our copy of the Determination from the Asylum and Immigration Tribunal.

If you do not hear from us after 56 days from the determination progulmated date, you are free to send us your copy the determination.

Yours faithfully,

Correspondence unit
Re: Uk Visa - Visa Appeal Process by funkybaby(f): 5:40pm On Jan 24, 2007
@ muyiwabank

That is still the end of next month ! they must be crazy ! I advise you go down to V.I to see them and give them a copy of your own determination. I have said it in my earlier post, BHC needs serious harrassment and not gentleman approach, but VOR and mrpataki advised against it. My boyfriend case is a typical example, It was after he was almost pratically sleeping at the embassy that they gave him the visa, just few days before he was expected to enrol at the university. Get the school to CALL and email them as well. Gosh! Your school resumes on the 9th of Feb. Muyiwa, this your appeal success must not be wasted. Devil is a liar !
Re: Uk Visa - Visa Appeal Process by funkybaby(f): 5:57pm On Jan 24, 2007
@akinay

am sorry for not responding earlier. do not give yourself sleepless nights over the witness statement. the major factor in the oral hearing option of the visa appeal is the credibility of your witness. she must be able to convince the judge in the balance of probabilities that you meet the visa requirements. my sister appeal case <which is the main reason i started this thread> is a very good example. i wrote, typed and posted her witness statement on her behalf. her appeal was scheduled for 19th December 2006. i posted the documents to AIT and the Home office about two weeks before this date. as at 14th of december, AIT was yet to get the documents < thanks to NIPOST>. the guy at the call center told me not to be bothered about this . he said that the main thing is for appeal bundle from BHC in nigeria to reach the judge that is going to hear your case before the date of hearing. he said that just incase the judge should ask for the statements from my uncle <her sponsor>, he should just tell him that they had been posted from Nigeria but the delays might be due to the terrible postal system of Nigeria. the major thing like i said earlier is the credibility of your witness. she should READ THROUGHLY everything you wrote in your grounds of appeal which you filled in the appeal form because the judge can ask any question from there. also, for example, if a reason given in the notice of your refusal is regarding your accommodation and mainteanace in the UK, your witness must present to the judge a copy of the house deeds<if you indicated that you were going to be accommodated by a family member >, with sufficient evidence that there will be a spare room for you in the house or you can share a room with a male family member without making the house over crowded. if for example, originality of bank statements was stated in the notice of refusal, make your your witness as the certified true copy of your bank statement. the fact is that your witness has a major role to play. she can make or break you at the appeal hearing. you can state here the reasons in your refusal letter so i can tell you what to tell your witness so that she can convince the judge. witness statement is quite similiar to grounds of appeal. write the letter <formal letter format>, state your appeal number, title the letter as <witness statements, >, state in the letter the major facts that will be presented at the hearing. eg. bank account statements including the account number, name of the bank, etc., regarding the paignated and indexed bundle, mrpataki is right, just the photocopies of all the documents you sent initially to BHC and any other supporting documents. you can ask any question if you need further clarification. like i said, it is what your witness says in the court that will really count. best of luck !
Re: Uk Visa - Visa Appeal Process by muyiwabank(m): 8:21am On Jan 25, 2007
Thank you @funkybaby,

I think i will try my luck next week and see what the outcome is going to be.

I will keep the house posted when i visit them
Re: Uk Visa - Visa Appeal Process by ainkay: 9:13pm On Jan 25, 2007
Many thanks Funkbaby for your detailed, helpful scrap.

By now I can understand what is needed to be written in witness statement, many thanks.
As I already mentioned that my Visa was refused due to the allegation that my academic certificates are forged.
So I would appreciate, if you kindly let me know what sort of questions can be asked by judge? So that i can get an
idea and let my sponsor know more about those things.
I guess you can understand.
hope to hear from you again.
Sincere regards
Re: Uk Visa - Visa Appeal Process by funkybaby(f): 11:55pm On Jan 25, 2007
@ muyiwabank and ainlay
You are most welcome. I'm glad i could be of help. I have also benefitted enormously from this forum.

@ ainlay
i advise you get a certified true copy of all your credentials. The judge will ask for this and he will keep a copy with him. I also advise you give the originals of your credentials to your representative. She should NOT submit them. Also get a covering letter or something from the examining body.eg. WAEC certifying the authenticity of your credentials. Since you are sure your credentials are genuine, i am sure the judge will chastise BHC for not going through the process of verifying them. On AIT'S website, the 'reported and unreported determinations' section, this is a case there similar to yours. I'm busy now but before the end of the week, i will get the link for you. I have to randomly search and read most of the determinations and this takes a lot of time. This search helped my sister in her appeal case as there was a similar case stated on the website. This helped my uncle in preparing for the judge's questions. Pls give me a little time and i will state the link here.

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