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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 justwise(m): 10:50pm On Feb 18, 2013
debosky:

I am still a bit confused by this so please indulge me. [b]The administrative review procedure appears available only for those that have made applications under the PBS system - [/b]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?


You are right in your observation and i'm glad you pointed that out, in paper administrative review is for PBS but people who felt that the ECO was wrong in his or her judgment still go ahead with review as its free and so far i haven't seen anybody who got his or her paper returned, last year one i know was successful while the other two weren't.

The human issue is ambiguous and open for interpretation hence the reason why people still go ahead and submit review form because its their human right to seek a review of their case.

An legal advisor who will be paid for the job will probably take the job of writing the embassy on your behalf requesting for a reconsideration but in reality that is as good as going for review.

Now...if you want to re-apply..surely you can with much more details explanation about the issues raised in the refusal letter...things like...the timing of her travel, the money in her account that did not match her monthly earnings.

She need to do a min-budget of what the trip will cost her and a list of places she wishes to visit in the UK
Re: UK Spouse Visa/Appeal Process-part2 by debosky(m): 9:36am On Feb 19, 2013
^^ Thanks sir.

In the cases you are aware of, did the individuals submit the admin review using the PBS admin review form or did they simply write directly to the High Commission?

I'm now trying to confirm whether she was provided with an appeal form - the guidance on the UKBA website indicates that if you do have grounds for appeal you will be provided with an appeal form along with your decision notification.

I'm beginning to think re-applying might be the most viable option with a clearer breakdown of where the funds have been accumulated and more detailed description of her itinerary when she visits.
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 9:57am On Feb 19, 2013
debosky: ^^ Thanks sir.

In the cases you are aware of, did the individuals submit the admin review using the PBS admin review form or did they simply write directly to the High Commission?

I'm now trying to confirm whether she was provided with an appeal form - the guidance on the UKBA website indicates that if you do have grounds for appeal you will be provided with an appeal form along with your decision notification.

I'm beginning to think re-applying might be the most viable option with a clearer breakdown of where the funds have been accumulated and more detailed description of her itinerary when she visits.

Review form is sent by post by the applicant to UKBA, but the appeal form is sent to immigration tribunal address. the review form is different from appeal form and yes if you are given the right to appeal then the form and other package will be given to you but with limited right to appeal you will not be given any form. Review form is readily available online free.

I'm not a fan of administrative review, it takes far too long and there is no guarantee that its going to be positive result. If she can deal with those issues raised by the ECO in the refusal letter then re-applying is quicker and less stressful. Like you said, if she can comfortably deal with those issues then she should go ahead with re-applying.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 10:04am On Feb 19, 2013
@debosky

Simple option regarding your friends case is to re apply and address all the issues raised by the ECO. Also take the advice of Justwise. If you go for legal you'll waste your money and the case will remain the same. So let your friend address those issue the ECO raise first and then re apply, this is faster. I know you're worried, easy does it. Take care. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by debosky(m): 10:30am On Feb 19, 2013
justwise:
Review form is sent by post by the applicant to UKBA, but the appeal form is sent to immigration tribunal address. the review form is different from appeal form and yes if you are given the right to appeal then the form and other package will be given to you but with limited right to appeal you will not be given any form. Review form is readily available online free.

I have accessed the admin review form from the UKBA site and I sent her a link. On further reflection I think re-applying may be a better option.


I'm not a fan of administrative review, it takes far too long and there is no guarantee that its going to be positive result. If she can deal with those issues raised by the ECO in the refusal letter then re-applying is quicker and less stressful. Like you said, if she can comfortably deal with those issues then she should go ahead with re-applying.

Thanks again - I think I am of a similar opinion. Waiting 28 days when you can't submit any additional evidence sounds like a waste of time to me.

lamosy: @debosky
Simple option regarding your friends case is to re apply and address all the issues raised by the ECO. Also take the advice of Justwise. If you go for legal you'll waste your money and the case will remain the same. So let your friend address those issue the ECO raise first and then re apply, this is faster. I know you're worried, easy does it. Take care. Cheers.

Thanks lamosy - I appreciate the advice.
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 10:56am On Feb 19, 2013
debosky:

I have accessed the admin review form from the UKBA site and I sent her a link. On further reflection I think re-applying may be a better option.



Thanks again - I think I am of a similar opinion. Waiting 28 days when you can't submit any additional evidence sounds like a waste of time to me.



Thanks lamosy - I appreciate the advice.

28days will be a miracle, it takes more than 3months in most cases.
Re: UK Spouse Visa/Appeal Process-part2 by debosky(m): 11:13am On Feb 19, 2013
^^
Thanks for the clarification - but the UKBA site does say the administrative review will be completed within 28 days. You will be notified of the result in writing. Maybe that is only applicable to the PBS-related admin reviews.
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 11:43am On Feb 19, 2013
debosky: ^^
Thanks for the clarification - but the UKBA site does say the administrative review will be completed within 28 days. You will be notified of the result in writing. Maybe that is only applicable to the PBS-related admin reviews.

That is just true in paper but in reality it takes 3months or more. When i went for appeal 3yrs ago it took more than 6months, sent in appeal by Sept, got date of hearing Jan 10th,after the hearing i got the tribunal's decision in mid-Feb, and visa came April.

Its a painful waiting time that you wouldn't wish your worst enemy, and throughout this waiting time you are not allowed to contact UKBA until 6wks.
Re: UK Spouse Visa/Appeal Process-part2 by yemilasko: 2:28am On Feb 20, 2013
@justwise,welldone for the great jobs.I'm new hear but I need u advice.I applied for a family visit wwhich I intend to visit my bro inlaw in d uk for 2 wks.I have submitted relevant documents including my hsd land property,marriage certifict,birth cert,my child bith certifc,my hsbd bank acct as he's d one sponsorg me infact all neccessary doct includin,tax,CAC,bro inlaw passport f?? identiticatn.d applicatn was send oct 11,I got a refusal letter on d 9th of nov.In which d decision was stated that d bank statmt v been checkd by a trained forgery officr ?? has been verified as not genuine.that d details of the checks are detailed in a doc verifictn reprt held by d office ?? dat e noted dat d bank statmt I submittd shoed no meaningfl withdrawals ?? so ??U?? v nt submitted adequat evidenc to show ? ??U?? meet u livg cost in nigeria.also d use of false doc undermines d credibility of all d info containd in d applicatn. ?? secondly also given I am satisfied dat d bank statmt submitted is not genuine. ?? been refused under paragraph 320(7a)with right to appeal form....thou I have appealed against it printing d same bank statment from d right source cuz its genuine ?? I dnt. Thk dey v d write to assume its not genuine cuz d withdrwal is low without doing d right checkup by contacting d source.I v sent it since nov 17 thru courier..a letter was sent to my lawyr to v received d parcel aftr like 4wks around Dec ?? after then I haven't received any letter...my question now is..what's my chance of winning d case ?? for how long do I have to wait again cuz its fustrating ?? what next I'm I expecting..urgent attention plz cuz its giving my slipleSs night
Re: UK Spouse Visa/Appeal Process-part2 by yemilasko: 9:18am On Feb 20, 2013
Plz anybody in the house to respond to me? After the acknowledgemt letter plz what next I'm I expecting is it a determinatn letter or A call to bring my passport its cloesd to 3mnth now that I submited the appeal ?? do ??U?? think I can mail or call them ?? plz what's d contact to mail or call.thx
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 9:22am On Feb 20, 2013
yemilasko: @justwise,welldone for the great jobs.I'm new hear but I need u advice.I applied for a family visit wwhich I intend to visit my bro inlaw in d uk for 2 wks.I have submitted relevant documents including my hsd land property,marriage certifict,birth cert,my child bith certifc,my hsbd bank acct as he's d one sponsorg me infact all neccessary doct includin,tax,CAC,bro inlaw passport f?? identiticatn.d applicatn was send oct 11,I got a refusal letter on d 9th of nov.In which d decision was stated that d bank statmt v been checkd by a trained forgery officr ?? has been verified as not genuine.that d details of the checks are detailed in a doc verifictn reprt held by d office ?? dat e noted dat d bank statmt I submittd shoed no meaningfl withdrawals ?? so ??U?? v nt submitted adequat evidenc to show ? ??U?? meet u livg cost in nigeria.also d use of false doc undermines d credibility of all d info containd in d applicatn. ?? secondly also given I am satisfied dat d bank statmt submitted is not genuine. ?? been refused under paragraph 320(7a)with right to appeal form....thou I have appealed against it printing d same bank statment from d right source cuz its genuine ?? I dnt. Thk dey v d write to assume its not genuine cuz d withdrwal is low without doing d right checkup by contacting d source.I v sent it since nov 17 thru courier..a letter was sent to my lawyr to v received d parcel aftr like 4wks around Dec ?? after then I haven't received any letter...my question now is..what's my chance of winning d case ?? for how long do I have to wait again cuz its fustrating ?? what next I'm I expecting..urgent attention plz cuz its giving my slipleSs night

Paragraph 320(7A) attracts 10yrs ban and the reason why you were given the right to appeal this decision is for you to proof beyond every reasonable doubt that the bank statement is not forged/fake.
Embassies know pretty well how to verify bank account. So its up to you to back up your appeal with evidence(s) to proof to the immigration tribunal that that bank statement is genuine.

Appeal takes time, it takes between 4-6 months at least, sometimes even more.
Re: UK Spouse Visa/Appeal Process-part2 by yemilasko: 10:51am On Feb 20, 2013
But it is obvious dey didn't confirm it,cuz its a genuine bank statmnt.he J?u??s??t? beamed his eye on d low withdrawal ?? concluded not genuine.anyways what d chance of wining d case as
I v printed anoda copy ?? sent ?? stated there that dey should check frm d source dat issued it.plz what is d chance of winning dis case plz
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 1:30pm On Feb 20, 2013
@yemilasko

Actually any fake or forged documents attract 10 years ban in accordance with their law. I am not saying you submitted fake documents but just to let you know the penalty. The only way you can win the case is if you are able to proof beyond reasonable doubt that those documents provide are all genuine and not forged. In this kind of case you need Immigration Consultant who can help you put your house in order before submitting your appeal. This kind of case need a concrete evidence to challenge the ECO's decision, because the Embassy has a way of verifying Bank Statements in various Banks in Nigeria. ECO can make mistake too, maybe the ECO did who knows? So the only way to handle this case is thru appeal which you've done, very good, brilliant. The only way you can win the appeal is if you've got a satisfactory evidence against ECO's decision, then don't be afraid just pray there's nothing too big for God to handle, pray that your evidence should be satisfactory to whoever is reviewing your case, and you'll see how good God is. Make sure your evidence are intact. Well the Lord is your helper in times like this. Appeal is time consuming, so be patient, it takes 6 to 9 months. Some are lucky they get thru by 4 month, some 5 month. I know its frustrating please be patient. If you want to send more evidence you can. Take care. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 1:40pm On Feb 20, 2013
yemilasko: [b]But it is obvious dey didn't confirm it,cuz its a genuine bank statmnt.[/b]he J?u??s??t? beamed his eye on d low withdrawal ?? concluded not genuine.anyways what d chance of wining d case as
I v printed anoda copy ?? sent ?? stated there that dey should check frm d source dat issued it.plz what is d chance of winning dis case plz

Confirm from who? Yes it could be a genuine bank statement and also could be a 'built' one. I'm not suggesting that you used a 'built' bank statement but embassies look out for bank statement that has been artificially inflated by somebody inside the bank and given to a 'friend' or 'customer' just for visa purposes. Embassies sometimes don't call your local bank branch to verify, they call the head office of your bank for verification.
Re: UK Spouse Visa/Appeal Process-part2 by yemilasko: 4:41pm On Feb 20, 2013
@justwise thx f?? d piece of advice.I so much apprectiate God attention dat ??U?? said I shld seek..its actually his mercy dat needs to intervene..may God bless ??U?? too..wld keep praying
Re: UK Spouse Visa/Appeal Process-part2 by afolabi009: 5:04pm On Feb 25, 2013
Hello Guyz, is most 4 month now that have sent my Appeal stuff to the Appeal in Uk...they haven't email me not to talk of text i also email them but they did not reply at all....plz advise what's the next step 4 me plz
Re: UK Spouse Visa/Appeal Process-part2 by bubblygirl78: 1:02am On Feb 26, 2013
Hi Justwise. I sent U̶̲̥̅̊ an email with regards to my settlement visa sometime in dec.
Well, we put in the appeal 16th january and got an acknowledgement letter 25th feb. Which says they expect to hear from BHC latest 6th July. They didn't send any court hearing date or anything? What do you think? I know I'm going to have to wait anyway I have no choice.
The lawyer didn't send in d emails with the appeal or my english language test. Although I have sent the test result online. What do U̶̲̥̅̊ think are d chances?
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 7:54am On Feb 26, 2013
@bubblygirl78

I don't know why you're refused, the letter you received after putting in appeal is normal procedure. The content in the letter states you have to give BHC 19 weeks to review your case with the relevant documents provided, that was why the Tribunal gave BHC 6 months to deal with the review for now, if BHC overturn their decision they will contact you to bring you passport and append visa in it for you, but if they maintain their decision they will inform the Tribunal and you will receive a letter regarding your hearing date and BHC will send in their bundle regarding you case to the Tribunal who will look into your case independently. I know when sending appeal you are told not to send original document, I am saying this because you mentioned sending your English test result online to Tribunal or BHC I don't know which, trust what I'm telling you now if you do not send the original English test result to BHC they will delay you unnecessarily. This happened to a lady in Turkey and the appeal took ages. She sent copy of her result but when the appeal was taking too long she rang the Embassy luckily ECM spoke to her and told her they can not process her papers without the Original English Test Result, she had to DHL it to the Embassy but she saw hell before they confirmed they receive the original document. If you're refused because of the English test you don't have to worry they will grant you visa at the end of the 19 weeks, but if there are other clause in which you're been refused I can not assure you but only God can be your help. Even if you're been refused on other grounds so long as you've addressed those issues with concrete evidence you don't need to worry. Appeal is time consuming 6-9 months, be patient. A thread mate submitted appeal 12th of July 2012 was called to bring her passport 12th of Nov 2012 was called to pick up her visa 26th of Nov 2012, she's with her husband since last year. Have a nice day. I know your mail was addressed to Justwise I am sorry if I intrude into your privacy please pardon me, but felt I could throw a little light on it to relief you off some stress. Take care. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by bubblygirl78: 10:39am On Feb 26, 2013
@lamosy: no U̶̲̥̅̊ didn't intrude. Thanks for explaining to me. The result was sposed to be sent online and also in paper. But the lawyer refused to send any document for reasons best knwon to him. All d issues have been addressed. But communication was mentioned. D lawyer didn't send evidence. That is just why I'm worried. Talking planty legal jargons like me I'm an illiterate. And my husband was agreeing. Saying if they Ơ̴̴͡.̮Ơ̴̴͡ all the other things on their system that communication can't be why dey wanna go to court. I just pray God intervenes or they shld even call me here in lagos to bring whatever they want.
I guess I'm just gonna have to "faith" it jare. And hope for the best. Abi? But from this forum, no matter how long it takes, I noticed they usually issue the visa. I pray my case is no different.
Thanks Lamosy. And no, I don't mind that U̶̲̥̅̊ replied. U̶̲̥̅̊ can shed more light on any of what ve said
Re: UK Spouse Visa/Appeal Process-part2 by bubblygirl78: 10:41am On Feb 26, 2013
@lamosy the test result was sent online to BHC. So its on their system
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 11:14am On Feb 26, 2013
bubblygirl78: Hi Justwise. I sent U̶̲̥̅̊ an email with regards to my settlement visa sometime in dec.
Well, we put in the appeal 16th january and got an acknowledgement letter 25th feb. Which says they expect to hear from BHC latest 6th July. They didn't send any court hearing date or anything? What do you think? I know I'm going to have to wait anyway I have no choice.
The lawyer didn't send in d emails with the appeal or my english language test. Although I have sent the test result online. What do U̶̲̥̅̊ think are d chances?

That was a big mistake by your lawyer, good that you have sent the test result but your lawyer should have included all the email communications. Did you apply for paper hearing or oral hearing?

By the way what lamosy said is right.
Re: UK Spouse Visa/Appeal Process-part2 by bubblygirl78: 1:40pm On Feb 26, 2013
Luckily we applied for oral hearing. I really don't knw for d lawyer. Is it possible they call me in lagos to bring anything they need? If they feel they need something? Maybe the hard copy of the test or evidence of communication? Cos the thot of that july is really saddening but what can I do?
The lawyer is saying we shld withdraw and reapply. I'm not keen on that really. I wld just rather wait out the appeal. Really.
What do you think?
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 1:51pm On Feb 26, 2013
bubblygirl78: Luckily we applied for oral hearing. I really don't knw for d lawyer. Is it possible they call me in lagos to bring anything they need? If they feel they need something? Maybe the hard copy of the test or evidence of communication? Cos the thot of that july is really saddening but what can I do?
The lawyer is saying we shld withdraw and reapply. I'm not keen on that really. I wld just rather wait out the appeal. Really.
What do you think?

Before they normally contact you asking if you have any additional document to support your application before the hearing date is set but i think that has stopped now. Your hubby can take any additional document to the hearing.

You can still reapply, if you want, its faster than waiting for months.
Re: UK Spouse Visa/Appeal Process-part2 by afolabi009: 7:38am On Feb 27, 2013
Hello Guyz, is al most 4 month now that have sent my Appeal stuff to the Appealm peps in Uk...they haven't email me not to talk of text i also email them but they did not reply at all....plz advise what's the next step 4 me plz
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 8:27am On Feb 27, 2013
@bubblygirl

Your lawyer is wrong. I was refused because of evidence of communication only, my lawyer is based in UK, my lawyer sent all the email I printed from January to October last year and western union money papers together with the appeal to the Tribunal. The Embassy will not ring you to bring extra document because they are not in a position to do so in this kind of case. You have to speak to your lawyer to send all documents that can address the issues to them at once. If you don't send concrete evidence to BHC how will they review your case for crying out loud? Please don't make any mistake or give them the chance to prolong your days of wait. My friend in Aberdeen last year was refused because she did not write the English test, she sat for the test, passed, and reapplied, was granted visa with 3 month, this was last year September BHC granted her visa. If you're refused visa because of communication and English test its not a problem, so long as you have your test result ready and emails or printed phone calls that's fine you can reapply if you can afford it which is quicker or wait for the appeal to come thru which is longer. Please make sure you address all the points of the ECO in your appeal, they will need the original of the English Test Result will be required by BHC, (TRUST ME). You lawyer is right when he said you should reapply. Your appeal is just a month plus right so you can reapply if you can afford it once again. I applied for mine Nov. Bye
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 11:26am On Feb 27, 2013
@bubblygirl78

You remember I said a thread mate submitted appeal 12th of July 2012 was called to bring her passport 12th of Nov 2012, and was called to pick up her visa 26th of Nov 2012, her acknowledgement letter stated 23rd of February 2013 and she got her visa in Nov.2012. BHDC used 19 weeks and 4 days to finally issue her visa. Put your house in order and you'll smile like this lady. Today complete 16 weeks I've been waiting for mine. I was given 2nd of May. I am waiting patiently, I count days like I'm counting money. God is our help. Take care. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 11:51am On Feb 27, 2013
@afolabi009

You said "is al most 4 month now that have sent my Appeal stuff to the Appeal peps in Uk..." May I ask when you submit your appeal did you not receive acknowledgement letter from the Tribunal in UK regarding your case and the amount of time you need to comply with? If you did received a letter then you have to adhere to it. If you applied for visiting visa your wait is 16 weeks which is the 4 months you've waited, give them more time you'll be contacted if its successful or not, and if its not you'll receive a letter regarding your hearing date. I hope you're sending the emails to the right place because you said they've not replied you? You can email customer service once again and see how it goes. Take care. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by bubblygirl78: 12:28pm On Feb 27, 2013
@lamosy. Wow!!!! We are together in the waiting game. God is really our strength. Just keep me posted. I will do the same. God bless.
Re: UK Spouse Visa/Appeal Process-part2 by bubblygirl78: 12:47pm On Feb 27, 2013
sadAll I can do is wait. Since its too late to send in documents.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 1:23pm On Feb 27, 2013
@bubblygirl78

That's fine. But you have to give them 19 weeks to work on your papers. I have not contacted the Embassy since I received my letter that I should give them 19 weeks, so I'm waiting for the 19 weeks to lapse. I am more than tired. Generator is a problem to me cos of the noise, constant interruption of power supply. So much heat to bear. I'm always in door cos of dust and heat. I'm use to it now bubblygirl there's no cause for alarm. Our endurance will soon come to an end in Jesus name....Amen. Take care. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by bubblygirl78: 12:21am On Feb 28, 2013
Sorry to hear that lamosy. Its d same all over this our obodo naija. Ita just a pity that this BHC think all applications are fake. Imagine them saying I did not write in my 2010 renewal that I had met my husband. Cos we met in 2008. How was I to knw we wld marry/ or I will need to relocate? I think dey prefer arranged marriage where everything is on point.
We shall overcome. Cos personally I'm tired. But by the grace of God it is well.
Re: UK Spouse Visa/Appeal Process-part2 by Adisaogo01(m): 4:14am On Feb 28, 2013
@lamosy
I need an advice oooo. Its now 3wiks nd 4days dt I submitted my passport at the embassy for visa and I've nt heard from brtish high commission, no kalz. What do u think could b happenin?

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