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UK Spouse Visa/Appeal Process-part2 - Travel (11) - Nairaland

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Uk Student Visa/tier 4 Pbs - Your Questions Answered Part2 / General U.s.a (student) Visa Enquiries-part2 / Uk Visa - Visa Appeal Process (2) (3) (4)

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Re: UK Spouse Visa/Appeal Process-part2 by supermario1: 11:53am On Jan 31, 2013
hi.im new to the forum,i need your thought about case
i have been to home egypt on the jan.2011 and get married and regiested my marriage and get marriage certificate ive done all this in 2 weeks.
than we applied for spouse visa 0n the 25/8/2011,then it been refused on the 10/9/2011 and the reason was they dont believe this is a genuine marraige.
i looged appeal on octoberand recieved a letter from the court on nov says that they will contact me after the 1st of april
i ve gave my lawyer our history on skype,facebook,my mobile bills for whole last year and massage on my wife mobile from the time we stared our relation on march 2010.
ive fedup already,what your opinion about my case,thanks for help.
Re: UK Spouse Visa/Appeal Process-part2 by stone2x: 4:55pm On Jan 31, 2013
@Justwise/House:

i need your help on how to collect SA visa without having to pay a ridiculous amount to the agent please.

My document:
1. statement of accout with 500k
2. emplyment letter to show that i wrk here
3. the new tax certificate that looks lik id card
4. nepa bill of my house
5.letter from my employer introducing me.

please if i miss any kindly include so that i will go and get
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 5:28pm On Jan 31, 2013
stone2x: @Justwise/House:

i need your help on how to collect SA visa without having to pay a ridiculous amount to the agent please.

My document:
1. statement of accout with 500k
2. emplyment letter to show that i wrk here
3. the new tax certificate that looks lik id card
4. nepa bill of my house
5.letter from my employer introducing me.

please if i miss any kindly include so that i will go and get

https://www.nairaland.com/944102/general-south-africa-visa-enquiries
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 10:20pm On Jan 31, 2013
@supermario1

Very Sorry about your predicament. I know it hurt so badly. If the entry clearance officer says he or she does not believe your relationship is subsisting or not genuine, there must be reasons why the relationship is not genuine. Please can you state all the reasons exactly the way the ECO stated them on your refusal letter. Without all these reasons I can not help you. The reasons would make it easier to help you. Take care. Cheers.

1 Like

Re: UK Spouse Visa/Appeal Process-part2 by successfulman: 8:16am On Feb 01, 2013
Please, come to my aid here!
My uncle sent me an invitation and other documents from UK. Am a business man that have a reasonable amount in my aact. My business is a registered company (enterprise)
How do I start the processing.
Please help me here.
I have no salary acct.
Re: UK Spouse Visa/Appeal Process-part2 by Adisaogo01(m): 6:42pm On Feb 02, 2013
@lamosy,
I submitted my passport yesterday nd was issued a slip dt dey will contact me to pik up my passport if its ready. So how long I'm I to wait to get bak my passport 4rm dem?
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 12:07pm On Feb 03, 2013
@Adisaogo01

A fellow thread mate who was successful in her settlement visa told me the embassy rang her the day it completed two weeks to come and pick up her visa. Some people collected theirs before a month some after a month. But my lawyer told me it takes between 4 to 6 weeks to issue visa at the Embassy. I've read on this thread when an appellant complained bitterly about her visa not been issued on time that she has waited for two months. Just to let you know how clumsy and time consuming, but I pray God intervene in your case to make less or exactly two weeks for you in Jesus name ...Amen. God has favoured you already he will make it perfect. Take care. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by Adisaogo01(m): 10:43pm On Feb 03, 2013
@lamosy
thank u so much, l wil let u knw when ever i get their kal.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 9:15am On Feb 04, 2013
@Adisaogo01

Alright. Have a good morning. Stay blessed. Cheers
Re: UK Spouse Visa/Appeal Process-part2 by kutklose: 3:04pm On Feb 07, 2013
hello ppl

my dependant visa application was refused and I av also just made the appeal. just realised this topic exist so I decided to share with the house the reason for refusal.

You have provided no documents in support of the history of your relationship. The documents you have provided only begin after you departure from the UK. Given the lack of evidence of personal contact and regular correspondence between you, I am not satisfied that you have genuinely formed a relationship and durable with outward signs of affection and companionship. I am not satisfied with this limited documents that you have supplied that the marriage is subsisting at the time the application is made; that you intend to live with your sponsor as their spouse throughout their stay in the UK; that you do not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant
I have therefore reused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the UK Immigration Rules.

Your right of appeal.
to complete all the sections of the form and submit all relevant documents with your notice of Appeal, as it may be possible to resolve the points at issue without an appeal hearing.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 7:50pm On Feb 08, 2013
@kutklose

Appeal in UK in person is better and faster. You said you've put in an appeal already please don't forget to address the ECO's points, such as:

1. That You have not provided documents in support of the history of your relationship.

2. The documents you have provided only begin after your departure from the UK.

3. Given the lack of evidence of personal contact and regular correspondence between you.

If you can address this issues with supporting documents and if you can provide documents before your departure from UK that'll great. Submit all this evidence along with your appeal, you'll be fine. Except you haven't got all the supporting evidence in place that's when you'll panic, if your house is in other ......trust me .....no qualms.

Take care. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by supermario1: 11:41am On Feb 09, 2013
hi,hope u all keeping well
i want to ask,when i applied for the appeal and my laywer sent all the documents to the court,did all these documents then send to the ECO at the embassy in cairo.
thanks for help.have a good day
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 8:28pm On Feb 09, 2013
@Supermario1

What happens next after your documents is sent to British Embassy in Cairo for review?

An entry clearance manager (ECM) at the visa office in Cairo will review their decision to refuse your application, in light of your appeal form and any supporting documents that you have sent. If the ECM is satisfied that your application meets the Immigration Rules, they may overturn our original decision and issue you with a visa or entry clearance.

If the ECM does not overturn the decision, an entry clearance officer (ECO) will write a statement explaining why the ECM has upheld the decision to refuse your application. We will send this and all your papers (known as 'the appeal bundle') to the FTTIAC. We will prepare and send your appeal bundle within:

20 working days for non-settlement and family visitor cases; or

90 working days for settlement cases.

These timings exclude postage times to and from the visa office.

The FTTIAC will:

list your appeal for hearing;

send copies of all the relevant papers (including the ECO's written statement) and supporting documents to us and to your representative or sponsor; and

advise you of the date and time of your hearing. They have no control over when your appeal will be heard

An immigration judge will hear your appeal in the UK. When considering your appeal, the judge will look at all the evidence provided by your representative and by the ECO. He or she will determine your appeal on the individual details of your case in line with the Immigration Rules.

The judge will inform the FTTIAC of his or her decision no more than 10 days after the hearing. The FTTIAC will then send that decision (known as a 'determination') to everyone involved.

If your appeal is successful:

If the judge allows your appeal, his or her determination will be sent to the relevant visa section, which will in turn contact you.

It can take up to 4 weeks for determinations to reach the relevant visa section, and a further 8 weeks for them to be processed. The visa section will write to you using the contact details provided on your appeal form.

Please do not contact the visa section until 12 weeks after the date when you or your representative received the judge's decision. This date will be stated on your written determination.

Do not contact the FTTIAC or our immigration enquiry bureau 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.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 8:41pm On Feb 09, 2013
@Supermario1

What happens next after your documents is sent to British Embassy in Cairo for review?

An entry clearance manager (ECM) at the visa office in Cairo will review their decision to refuse your application, in light of your appeal form and any supporting documents that you have sent. If the ECM is satisfied that your application meets the Immigration Rules, they may overturn our original decision and issue you with a visa or entry clearance.

If the ECM does not overturn the decision, an entry clearance officer (ECO) will write a statement explaining why the ECM has upheld the decision to refuse your application. They will send this and all your papers (known as 'the appeal bundle') to the FTTIAC. They will prepare and send your appeal bundle within:

20 working days for non-settlement and family visitor cases; or

90 working days for settlement cases.

These timings exclude postage times to and from the visa office.

The FTTIAC will:

list your appeal for hearing;

send copies of all the relevant papers (including the ECO's written statement) and supporting documents to them and to your representative or sponsor; and

advise you of the date and time of your hearing. They have no control over when your appeal will be heard

An immigration judge will hear your appeal in the UK. When considering your appeal, the judge will look at all the evidence provided by your representative and by the ECO. He or she will determine your appeal on the individual details of your case in line with the Immigration Rules.

The judge will inform the FTTIAC of his or her decision no more than 10 days after the hearing. The FTTIAC will then send that decision (known as a 'determination') to everyone involved.

If your appeal is successful:

If the judge allows your appeal, his or her determination will be sent to the relevant visa section, which will in turn contact you.

It can take up to 4 weeks for determinations to reach the relevant visa section, and a further 8 weeks for them to be processed. The visa section will write to you using the contact details provided on your appeal form.

Please do not contact the visa section until 12 weeks after the date when you or your representative received the judge's decision. This date will be stated on your written determination.

Do not contact the FTTIAC or our immigration enquiry bureau 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.

1 Like

Re: UK Spouse Visa/Appeal Process-part2 by supermario1: 10:28pm On Feb 09, 2013
@lamosy
thanks very much
Re: UK Spouse Visa/Appeal Process-part2 by afolabi009: 11:52pm On Feb 09, 2013
Hello Guyz, I'm running a Appeal on my refuse visa, can i still re apply with another format ??
Re: UK Spouse Visa/Appeal Process-part2 by kutklose: 3:47pm On Feb 11, 2013
@lamosy

thx a million for ur response and encouragement.
The appeal addressed those 3 issues raised in the decision notice and also I submitted more evidences of previouse contacts.
the best I can do now is to pray for a speedy and favourable outcome. Just hope it wont last for too long, cos it tiring waiting and waiting.
GOD is our strenght.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 7:34pm On Feb 11, 2013
@kutklose

Beautiful, brilliant, great. You did hit the nail on the head without any dilly dally. Spot on. Fingers cross and see how God will put a smile on your face to wipe away the wait. Easy does it, just be patient. Read Isaiah 41:9-14, Luke 18:1-8 just to assure you that the spirit of God is at work. Well done. Take care. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by Alberta12(m): 5:17pm On Feb 12, 2013
Pls everyone in the house, Am i to submit 3 PHOTOCOPIES of my appeal form to walter carrington or just a copy I remember it was 3 copies some years ago but i dont know if it has changed to just 1 copy since they have started collecting fees for oral and paper .....Please do reply. THANK YOU
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 8:45pm On Feb 12, 2013
@Alberta_12

You have to tell the house what you applied for, and the type of appeal you're going for? Are you applying for administrative review or to the Tribunal in UK? Take care. Cheers
Re: UK Spouse Visa/Appeal Process-part2 by chioma460: 12:18am On Feb 13, 2013
my mum appllied for a visit visa for me and in my application i applied as a student, and i submitted my school letter my birthcertificate, my residence permit in italy, and my passport, id permit, my mum submitted her payslip working contract permanent,property document ,marriage document, resident permit of italy indefinate,utilitybills,family certificate,residence id permit, and i was refuse visa.
the eco wrote to me that i was married i never stated in my application that i was married,and she said my mum was going to fund my trip to uk and i did not provide a satifactory evidence of their employement and income which i provided in my application , she said i did not provide satifactory evidence of my studies in italy which i provided in my application. the eco wrote that my right of appeal is limited to the ground. but i want to go for an appeal becos i provide all the document the eco asked for but the eco failed to look at all the document properly. pls i need some advice from you. thanks
Re: UK Spouse Visa/Appeal Process-part2 by chioma460: 12:25am On Feb 13, 2013
my mum appllied for a visit visa for me and in my application i applied as a student, and i submitted my school letter my birthcertificate, my residence permit in italy, and my passport, id permit, my mum submitted her payslip working contract permanent,property document ,marriage document, resident permit of italy indefinate,utilitybills,family certificate,residence id permit, and i was refuse visa.
the eco wrote to me that i was married i never stated in my application that i was married,and she said my mum was going to fund my trip to uk and i did not provide a satifactory evidence of their employement and income, which i provided in my application , she said i did not provide satifactory evidence of my studies in italy which i provided in my application. the eco wrote that my right of appeal is limited to the ground. but i want to go for an appeal becos i provide all the document the eco asked for but the eco failed to look at all the document properly. pls i need some advice from you. thanks
Re: UK Spouse Visa/Appeal Process-part2 by Alberta12(m): 8:55am On Feb 13, 2013
lamosy: @Alberta_12

You have to tell the house what you applied for, and the type of appeal you're going for? Are you applying for administrative review or to the Tribunal in UK? Take care. Cheers


I applied for 6 month and was resfused. I have filled my appeal and about to go and submit. I just want to know if its 3 copies so I can do them before going down there. Please everyone is it just a copy or 3 ? Thank you . That's what I want to know.
Re: UK Spouse Visa/Appeal Process-part2 by Alberta12(m): 8:58am On Feb 13, 2013
lamosy: @Alberta_12

You have to tell the house what you applied for, and the type of appeal you're going for? Are you applying for administrative review or to the Tribunal in UK? Take care. Cheers


I applied for 6 month and was refused. I have filled my appeal against Eco decision. Its to adress paragraph 81 i,ii, VI,VII about to go and submit. I just want to know if its 3 copies so I can do them before going down there. Please everyone is it just a copy or 3 ? Thank you . That's what I want to know.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 9:28pm On Feb 13, 2013
@Chioma460

You stated categorically that "my mum applied for a visit visa for me and in my application i applied as a student" this sound complicated to me. You also stated your mum provided marriage certificate, why? Was the marriage certificate your mum's or yours? May I ask with all due respect Which of the country you intend to visit? If its UK fine I can be of assistance but if its Italy I may be giving you the wrong information because I'm not use to their system and process. If its UK and you're sure there's an error on the ECO's part according to your statement you said you provided all the documents needed and you're sure you met the requirement you can request for Administrative review.

The administrative review is free of charge.

You must ask for an administrative review no more than 28 days after the date when you receive the refusal notice (GV51). When they send you the refusal notice, they will also send you:

--An administrative review. request notice

--Administrative review request notice guidance notes

You must not send any additional documents such as your passport, travel document or supporting documents. If they overturn their refusal decision, they will ask you to send in your passport or travel document.

The administrative review will be completed within 28 days. You will be notified of the result in writing. To ensure that the review is independent, the review result may not be sent from the post that made the original decision.

You may request only one administrative review per refusal decision. If you make any further review requests for the same refusal decision, they will not be accepted and will be returned to you.

Take care. Cheers
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 10:27pm On Feb 13, 2013
@ Hacklilc

Long time. I didn't hear from you anymore. Hope you're alright? Have you heard anything regarding your appeal case? Take care. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by debosky(m): 6:34pm On Feb 18, 2013
I'd like to request for some advice on making an appeal.

A friend of mine applied for a visa to come visit me in the UK later this year - I provided the usual - invitation letter, payslips, bank statements, council tax bill, etc. I was contacted by the embassy and I confirmed the information they had was correct (the only 'snag' was possibly that I didn't remember where she worked when they called me at work) and they said they were going to review the information.

My friend works as a doctor in Nigeria, is single, earns about 150k/month and had about 800k in her bank account.

The reason given for refusal is below:

You have declared you are employed as a medical doctor and earn 140k/month and you have no family commitments in Nigeria. You also state that you propose to travel alone as a tourist and will stay with friends. You have also not shown that there is any special reason for timing of this trip now. Given statements you have made and the documentary evidence you have presented to support your application I am not satisfied that the circumstances in Nigeria, couple dwith your reasons for wishing to travel to the UK are such that you have shown your intentions are as stated or that you intend to leave the UK at the end of your proposed visit. I am therefore not satisfied that your application meets the requirements of pargraph 4 (i) and (ii) of the Immigration Rules

You have submitted your personal bank statements from xx Bank Plc showing a current balance of 800k which is equivalent to over 5 months of your income. The credit and balances in your account are not commensurate with your declared monthly income. I note you have declared no additional income from any other sources on your VAF. On the evidence you have provided I am not satisfied that your bank statement is a true reflection of your financial circumstances or that these funds are genuinely available for your proposed trip to the UK. Therefofre for the reasons stated above on the balance of probabilities, i am not satisfied that you will be maintained and accommodated in the UK without working or having recourse to public funds or are able to meet the cost of return or an onward journey as required by paragraph 41 (vi) and (vii) of HC295.
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 7:33pm On Feb 18, 2013
debosky: I'd like to request for some advice on making an appeal.

A friend of mine applied for a visa to come visit me in the UK later this year - I provided the usual - invitation letter, payslips, bank statements, council tax bill, etc. I was contacted by the embassy and I confirmed the information they had was correct (the only 'snag' was possibly that I didn't remember where she worked when they called me at work) and they said they were going to review the information.

My friend works as a doctor in Nigeria, is single, earns about 150k/month and had about 800k in her bank account.

The reason given for refusal is below:

You have declared you are employed as a medical doctor and earn 140k/month and you have no family commitments in Nigeria. You also state that you propose to travel alone as a tourist and will stay with friends. You have also not shown that there is any special reason for timing of this trip now. Given statements you have made and the documentary evidence you have presented to support your application I am not satisfied that the circumstances in Nigeria, couple dwith your reasons for wishing to travel to the UK are such that you have shown your intentions are as stated or that you intend to leave the UK at the end of your proposed visit. I am therefore not satisfied that your application meets the requirements of pargraph 4 (i) and (ii) of the Immigration Rules

You have submitted your personal bank statements from xx Bank Plc showing a current balance of 800k which is equivalent to over 5 months of your income. The credit and balances in your account are not commensurate with your declared monthly income. I note you have declared no additional income from any other sources on your VAF. On the evidence you have provided I am not satisfied that your bank statement is a true reflection of your financial circumstances or that these funds are genuinely available for your proposed trip to the UK. Therefofre for the reasons stated above on the balance of probabilities, i am not satisfied that you will be maintained and accommodated in the UK without working or having recourse to public funds or are able to meet the cost of return or an onward journey as required by paragraph 41 (vi) and (vii) of HC295.


The ECO suspected that she borrowed money to inflate her bank account just for the visa purpose and that cast doubt on her ability to finance the trip and return back to Nigeria. Having a strong financial record with paper evidence would have strengthened her application and also service as her tie-to Nigeria.

N800K is a lot of money but if there a doubt that the money will not be available to her in the UK then there is problem.

Sadly she will not be given the right to appeal such refusal, she can only go for review (which takes time)though she will not be allowed to submit any document to support her review, its a time for her to dispute all the points the ECO raised in the refusal letter.
Re: UK Spouse Visa/Appeal Process-part2 by debosky(m): 8:01pm On Feb 18, 2013
justwise:
The ECO suspected that she borrowed money to inflate her bank account just for the visa purpose and that cast doubt on her ability to finance the trip and return back to Nigeria. Having a strong financial record with paper evidence would have strengthened her application and also service as her tie-to Nigeria.

Thanks for your response my oga. I suspect as much - I am asking her to provide a breakdown of the credits and debits from the account to justify the amounts present.


N800K is a lot of money but if there a doubt that the money will not be available to her in the UK then there is problem.

That's the bit that's gotten me a bit confused - I said I'll be responsible for her accommodation and general upkeep in the UK, but she did mention she would have some funds as well on her trip. It seems the main issue is the funds in her account, or is my ability to accommodate her also in question?


Sadly she will not be given the right to appeal such refusal, she can only go for review (which takes time)though she will not be allowed to submit any document to support her review, its a time for her to dispute all the points the ECO raised in the refusal letter.

This is the important bit for me - the letter indicated that 'your right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002 - that section talks about human rights. Does that mean she can't appeal? If only a review is feasible, can you give me some idea of what that involves?
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 8:55pm On Feb 18, 2013
debosky:

Thanks for your response my oga. I suspect as much - I am asking her to provide a breakdown of the credits and debits from the account to justify the amounts present.



That's the bit that's gotten me a bit confused - I said I'll be responsible for her accommodation and general upkeep in the UK, but she did mention she would have some funds as well on her trip. It seems the main issue is the funds in her account, or is my ability to accommodate her also in question?



This is the important bit for me - the letter indicated that 'your right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002 - that section talks about human rights. Does that mean she can't appeal? If only a review is feasible, can you give me some idea of what that involves?


You are right in asking her to give a break down of in-coming and out-goings in her account, that would have solved the whole issue about un-explained amount in her account.

Yes the main issue is the fund in her account, the ECO is not sure if the whole money is hers or some borrowed money, if its borrowed then her UK trip will affect her economic situation in Nigeria hence the decision to refuse her visa.


When the letter stated that your right of appeal is limited is basically saying that you got no right to appeal. She is only left with review, for review all she need to do is to download the form, complete it and in that form, there is enough space for her to pour her heart out about the refusal, arguing against every point the ECO raised, she is allowed to use extra paper to explain things. They have all her documents already so there is no need for her to attach any other document with the review paper, the decision on her review will be made based on the initial documents submitted.
Re: UK Spouse Visa/Appeal Process-part2 by debosky(m): 10:10pm On Feb 18, 2013
justwise: [/b]
When the letter stated that your right of appeal is limited is basically saying that you got no right to appeal. She is only left with review, for review all she need to do is to download the form, complete it and in that form, there is enough space for her to pour her heart out about the refusal, arguing against every point the ECO raised, she is allowed to use extra paper to explain things. They have all her documents already so there is no need for her to attach any other document with the review paper, the decision on her review will be made based on the initial documents submitted.

I am still a bit confused by this so please indulge me. The administrative review procedure appears available only for those that have made applications under the PBS system - as far as I'm aware, general visitor visas are not under the PBS system. Is this correct, and if so, doesn't that mean you can't submit an admin review for a general visitor refusal?

Secondly, if the right of appeal is only under 'human rights' why does that mean there is not really any right of appeal? Is it worth doing anything else such as consulting a legal advisor or simply re-applying?

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