Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / NewStats: 3,195,579 members, 7,958,787 topics. Date: Thursday, 26 September 2024 at 12:36 AM |
Nairaland Forum / Nairaland / General / Travel / UK Spouse Visa/Appeal Process-part2 (1070427 Views)
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)
(1) (2) (3) ... (258) (259) (260) (261) (262) (263) (264) ... (511) (Reply) (Go Down)
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 10:02am On Feb 17, 2017 |
Alexlady: Those with worse immigration records, did they open up during application process? |
Re: UK Spouse Visa/Appeal Process-part2 by Alexlady: 11:03am On Feb 17, 2017 |
Thanks again for your response. He did state all his refusals but did not explain why he overstayed. The definition of an illegal immigrant is on the gov.co.uk website and I will have to refer to that. What about reapplying? Lexusgs430: |
Re: UK Spouse Visa/Appeal Process-part2 by EvaMD: 12:44pm On Feb 17, 2017 |
hello House, Congratulations to everyone who have been successful in their quest. long post alert. My Husband and I are applying for a spousal visa next month or in April and I want to get things right. He is a British citizen by naturalization and got this BP in 2015, before then I had applied for a visiting visa in 2013 and passport was impounded based on them seeing a fake Kenyan visa on that passport ( I used an agent who got me a fake Kenyan visa and I didn't know), see attachment. I got a new passport and applied for Schengen (france), and Canada visa last year and have been refused, I also applied for American visa in 2015 and was refused so basically have travel history of Ghana and Dubai ( travelled last in 2013) fast forward 2017, I am married and we have a child ( we are currently in d process of getting a British passport for her) and he wants us to do the application for a spouse for me to join him before the end of this year. my husband works in the UK but comes to Nigeria frequently and wants us to do the application from here. he will be coming this Easter and is thinking of applying from here. please what's the best strategy to take in making sure we cover all angles because I don taya for this long distance marriage ( this thing is not easy ooooo.. emotionally and all other ally you can think of. I have been following this thread and all other NL threads and need help. cc @justwise @lexusgs430 @Abbylove, @portsmouth86, @newbie715, @light me @Uchman365, @dday101 @stillwaiting and all the other gurus in the house
|
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 9:49pm On Feb 17, 2017 |
EvaMD: To alleviate yourselves of all the unexpected ally's, it's best to be honest and straightforward about all the issues with agents,refusals and visa issues. Been truthful is the best policy ................. |
Re: UK Spouse Visa/Appeal Process-part2 by Alexlady: 3:50pm On Feb 18, 2017 |
Has anybody else got any advice please or examples of experiences? Alexlady: |
Re: UK Spouse Visa/Appeal Process-part2 by stillwaiting: 11:31am On Feb 19, 2017 |
Alexlady:I have taken my time to peruse your refusal notice and I found the history regarding your case a bit curious. I make the following submission in case sensitive. 1. Visa expired 30 Nov,2011 and you made an initial application for a Tier 4 General Visa the same month 21, Nov,11--THIS WAS TOO CLOSE, YOU OUGHT TO HAVE APPLIED AT LEAST A MONTH TO VISA EXPIRY 2. which was refused on 24 April 2012 because again he did not satisfy the requirements and 'was asked to leave the Country. He did not leave and overstayed for 4 years and returned to Nigeria on 25 December 2016 and we got married on 28/12/16'....I THINK HE OUGHT TO HAVE LEFT THE COUNTRY AND DO THE NEEDFUL. ONE OF THE SERIOUS IMMIGRATION BREACHES IS OVERSTAYYING. ONCE THEY HAVE ONE'S PASSPORT, THE FIRST THING THEY LOOK OUT FOR IS IF THE APPLICANT HAS OVERSTAYED 3. Although on the application form we listed the two refusals, we didn’t provide any further details or an explanation for overstaying. We assumed this would be established through an interview.. IT IS LIKE YOU TOOK THE ECO FOR GRANTED, YOU OUGHT TO HAVE GIVEN DETAILED EXPLANATION AS REGARDS YOUR CASE, ECO ARE HUMAN BEINGS LIKE US, THEY APPRECIATE PEOPLE EXPLAINING AND JUSTIFYING THEIR CASE. OF RECENT, THEY HARDLY INTERVIEW SPOUSE APPLICANT. 4. On 10 February we decided to write to the ECO to explain his immigration history, his overstaying and apologising for this. We did not realise that this letter was too late as the ECO had already made their decision on 8/02/17...THEY MAY CONSIDER THIS AS AFTER THOUGHT AND 'AFFRONT' AND AGAIN Be TAKING THEM FOR GRANTED. THEY MAY THINK YOU WANT TO OUTSMART THEM My advice is reapplying and appeal and fill the gaps, explain the explainable, justify the justifiable as Lexusgus will say, immigration lawyer could help you to quote law in the appeal. OR READ PAST SUPREME COURT JUDGEMENTS ON SIMILAR CASE BY LOGGING ON TO THEIR WEBSITE. SINCERELY, BE HONEST WITH THEM. I WISH YOU THE BEST OF LUCK. |
Re: UK Spouse Visa/Appeal Process-part2 by stillwaiting: 11:52am On Feb 19, 2017 |
EvaMD:please what's the best strategy to take in making sure we cover all angles because I don taya for this long distance marriage ( this thing is not easy ooooo.. emotionally and all other ally you can think of. As Lexusgs has said just be sincere and honest, explain your circumstances. Tell them how the distance relationship is causing you harrowing tale of psychological trauma. Convince them of evidence of the subsisting relationship. Your husband coming home should be evidenced with proof of contacts as many as possible. Social media; what's app, Facebook, skype, call logs, emails, pictures, evidence of gifts and cards etc. Explain with proof and remorsefulness the Kenya fake visa saga. Wishing you the best of luck. 1 Like |
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 1:10pm On Feb 19, 2017 |
EvaMD: You just have to be honest in your application about all the refusals especially the issue of fake Kenyan visa. Even if you are going to be refused use this first application to clear all your 'sins' and apologies. Present a very tight application by submitting every document needed as many have listed here, if you don't they will frustrate you with refusals. 1 Like |
Re: UK Spouse Visa/Appeal Process-part2 by Alexlady: 5:39pm On Feb 19, 2017 |
Thank you very much for your response. We are appealing. I have read through the immigration ruled. Yes we acknowledge that overstaying is an immigration breach but overstaying in itself is not a reason to refuse. There also has to be aggravating circumstances. Unfortunately the ECO has failed to state what those aggravating circumstances are. All 4 points are about overstaying although we dispute the last point of redocumentation process. Yes we acknowledge he did not leave but eventually did voluntarily and not on public expense. I have had to do a lot of research myself since I don't have any help at the moment. The ECO was harsh to refuse on 320 11 with no evidence of balancing exercise nor consideration of his wife. stillwaiting: |
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 7:41pm On Feb 19, 2017 |
Alexlady: The moment his applications were deemed invalid and refused, then applying for a spousal visa. The ECO is simply flexing their muscles. They would have expected the balance of probabilities to lay squarely at the applicant and the sponsors door. Let's flip the coin, assuming he did not overstay. It would have been a different story. The spousal visa would still be granted, eventually. I know it causing emotional trauma and all the other nal trauma's. Be patient and don't work yourselves up.... |
Re: UK Spouse Visa/Appeal Process-part2 by stillwaiting: 9:48pm On Feb 19, 2017 |
Alexlady: Thank you very much for your response. We are appealing. I have read through the immigration ruled. Yes we acknowledge that overstaying is an immigration breach but overstaying in itself is not a reason to refuse. There also has to be aggravating circumstances. Unfortunately the ECO has failed to state what those aggravating circumstances are. All 4 points are about overstaying although we dispute the last point of redocumentation process. Yes we acknowledge he did not leave but eventually did voluntarily and not on public expense. I have had to do a lot of research myself since I don't have any help at the moment. The ECO was harsh to refuse on 320 11 with no evidence of balancing exercise nor consideration of his wife. If you are appealing, think SERIOUSLY about the over- psychological trauma of endless and long-term appeals. Once beaten, twice shy! Here is the recent estimate timeline for appeals 18 months from the day of submission of appeals, before appeals could be heard 2 weeks for the Judge to post the decision to the appellant 4 weeks for visa section to receive decision 8 weeks for visa section to process decision 18+14=32 months (2years and 8 months). all things being equal @ Alexlady, preparing for hearing appeals is likened to preparing a fresh application, except for the various fees. You put in excess evidence, they will sort it out and ensure that you label it properly. Put everything there; if no information after appeals has been won, one can email:Team@homeoffice.gsi.gov.uk 1 Like |
Re: UK Spouse Visa/Appeal Process-part2 by joygirl2017(f): 10:25pm On Feb 19, 2017 |
Hi everyone , Respect to everyone helping us here Pls have been on this forum asked questions got answers I have just one more question cos I and my husband have been on and on at this . Pls we have we are using savings to meet the uk spouse visa financial requirements we have £100, 000 but now my husband and his friend started their biz together in October , April makes it 6months though the company finances cant meet the financial requirements. My husband says no need to submit documents from the company as part of the application since he wants to use savings . All though everything is on track except this pls kindly assist . I want my husband to read the answer ### can some one share their experiences meeting the financial requirements tru savings for uk spouse visa This will really help us end this back and forward thing between us Thanks |
Re: UK Spouse Visa/Appeal Process-part2 by Alexlady: 10:43pm On Feb 19, 2017 |
Thanks for your response. In regards to the evidence, what evidence can be used to support overstaying? Its not a case of failure to produce the paperwork they requested e.g. bank statements, payslips etc. The timescales seem too long. I am thinking more positive than that. There is the option of applying again, but again how do you address overstaying apart from an explanation. if the ECO wants to refuse they can again, an appeal can challenge the decision? stillwaiting: |
Re: UK Spouse Visa/Appeal Process-part2 by joygirl2017(f): 11:21pm On Feb 19, 2017 |
joygirl2017: [b][/b]my husband sent this to me after a long debate Well, why would they need to 'audit' the savings? What they are after is as long as they have been in your bank account for 6 months before you apply. The rule is that if you cannot meet the requirements using your employment income, you can meet the requirements by having £62,500 in your bank account instead. If you have the savings, regardless of whether you are employed or not, then you qualify for the visa. End of story. It may be the case that both of you are unemployed in the US and have no income at all. However, you may have inherited some money that you put into a savings account, which you can then use to meet the visa requirements 6 months later. The whole reason for you needing so much money in savings is to prove that you will have enough money to support yourselves for the 2.5 years of the visa validity in the case where neither of you has any employment income... it's to prove that if you can't get jobs in the UK, you won't end up on the streets and forced to claim benefits illegally. |
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 10:09am On Feb 20, 2017 |
joygirl2017: Their is a provision in the legislation allowing about £63,000 in savings can be used. But I do not think anyone on this forum as been in a privileged position to tender the savings required. Count yourself lucky in a privileged & fortunate position, put the application through and update us how it goes. Goodluck |
Re: UK Spouse Visa/Appeal Process-part2 by deept(m): 10:56am On Feb 20, 2017 |
Lexusgs430: add evidence of the source of funds in the savings |
Re: UK Spouse Visa/Appeal Process-part2 by EvaMD: 1:25pm On Feb 20, 2017 |
Lexusgs430: many thanks for this, that's what I intend to do, to state all that has happened and be truthful, cos truly it was a honest mistake |
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 3:09pm On Feb 20, 2017 |
deept: She already mentioned it been a gift+Mother in-law sending a letter to confirm (but the ECO I can bet would escalate, and would be already looking into tax evasion and other related matters)............... |
Re: UK Spouse Visa/Appeal Process-part2 by deept(m): 3:21pm On Feb 20, 2017 |
Lexusgs430: Get evidence of source of funds from the gift giver too if possible to add i need that kind of gift in my life too right now ooo. |
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 3:35pm On Feb 20, 2017 |
deept: We all do. £100,000 * N610 = Boys don hammer.......... |
Re: UK Spouse Visa/Appeal Process-part2 by joygirl2017(f): 4:21pm On Feb 21, 2017 |
Lexusgs430: THANK YOU VERY MUCH I NOTICE NOBODY REALLY HAS USED SAVINGS for spouse visa on this forum have read thru the threads the gift is from my mother inlaw they are even paying for the application fees . will try and get evidence from mum she is sending us a letter to back it . |
Re: UK Spouse Visa/Appeal Process-part2 by joygirl2017(f): 4:23pm On Feb 21, 2017 |
Lexusgs430: A pound now as at today is N635 I just changed today 21/03/2017 |
Re: UK Spouse Visa/Appeal Process-part2 by joygirl2017(f): 4:25pm On Feb 21, 2017 |
Pls kindly share more light ..... Lexusgs430:[/b] |
Re: UK Spouse Visa/Appeal Process-part2 by joygirl2017(f): 4:27pm On Feb 21, 2017 |
Sorry pls what do u mean other related matter and tax evasion now am scared joygirl2017: |
Re: UK Spouse Visa/Appeal Process-part2 by deept(m): 4:45pm On Feb 21, 2017 |
joygirl2017: No need to be scared, the UK has anti money laundering regulations and they might want to know the main source of the money wether sale of an asset, inheritance, etc to make sure the money was gotten legally. 1 Like |
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 5:21pm On Feb 21, 2017 |
deept: And assuming an asset was sold, and social services funding is required in the future. They would be beaming a Searchlight................. Just an example. I can sight many other examples. |
Re: UK Spouse Visa/Appeal Process-part2 by midmenconsult: 10:14am On Feb 22, 2017 |
Lexusgs430: |
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 11:12am On Feb 22, 2017 |
[quote author=midmenconsult post=53946471][/quote] Too late, the Supreme upheld the legislation. £18,600 is still required....... (without kids)..... https://www.theguardian.com/law/2017/feb/22/supreme-court-backs-minimum-income-rule-for-non-european-spouses |
Re: UK Spouse Visa/Appeal Process-part2 by EvaMD: 12:41pm On Feb 22, 2017 |
Lexusgs430: Please what can you explain what this really means as I also find it confusing, just to get some clarity.is my spouse supposed to earn a total of at least 18600 (22,400)yearly as we have a child or is this a minimum wage requirement, does this mean he can have this amount at the point of applying or show proof of employment that pays up to this without having this money in his account. help out my people |
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 2:07pm On Feb 22, 2017 |
EvaMD: What the newspaper point is/was, a legal challenge was brought against the amount a sponsor was meant to earn, before a spousal visa application process. It was challenged as unfair and very steep and also against the human right convention. The Supreme threw the challenge out and the law remain the same (now the legal cost against the challengers would be huge)......... What it means is £22,400 must be earned by the sponsor yearly, before a spousal visa application can be tendered (applicant + one child). |
(1) (2) (3) ... (258) (259) (260) (261) (262) (263) (264) ... (511) (Reply)
Usa Visit Visa / Travelling To Canada Part 9 / Canadian Student Visa Thread Part 16
(Go Up)
Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health religion celebs tv-movies music-radio literature webmasters programming techmarket Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 136 |