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UK Spouse Visa/Appeal Process-part2 - Travel (8) - Nairaland

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Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 3:53pm On Nov 28, 2012
lamosy: @ justwise

You're right, I believe the Embassy handle Administrative review, but the lawyer said he sent the appeal to the Tribunal that the Tribunal will send the paperwork to the Embassy for review, after reading a lot from this thread I disagree with him mail to me because I learnt the Tribunal will send the appellant acknowledgement letter, secondly they will send another letter regarding the hearing date, if I win the case then the Tribunal will contact UKBA, if the UKBA didn't challenge it then the Embassy will be contacted regarding the issue of my Visa. I've not received any letter yet, my husband signed the appeal form before the lawyer sent it off. I don't know if it is oral or paper hearing. What do I do now? Because the lawyer said there's no chasing up. Please help, will the Tribunal send me my own acknowledgement letter or to my husbands address in UK? Because I'm in Nigeria O.

Yes the tribunal will send you an acknowledgement letter within a month of your appeal, the letter will be sent in the address used for the appeal, and 2months before the hearing date you will be sent a letter detailing the date, time and the venue.
The appeal package does not go to the embassy or UKBA, a different body handles appeal.

Yes your husband can call the number at the back of the appeal document and quote your reference number, he will be told if they have received it or not
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 3:54pm On Nov 28, 2012
hacklilc:

@justwise yea you are 100% right. They acklowledge my appeal afrer 5months and they told me there's nothing I could do now, that I should wait.
Appeal is time taken process !

That is a long time, it does take less time in some cases.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 4:03pm On Nov 28, 2012
@ Hacklilc

Thanks for contributing. Was it settlement Visa you applied for? I'm asking because you They acknowledge your appeal after 5 month, does that mean you won the appeal and you're waiting for the Embassy to ask you to bring your passport to append the Visa on it? Please enlighten me on this. thank you.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 4:38pm On Nov 28, 2012
@justwise

Thank you for your time dear. I really do appreciate your advice. I worried when Hacklilc said his acknowledgement letter came after 5 month oh my God, that's way too long justwise, woooooow. Oh justwise I'm crying for not re applying. I will ask the lawyer if he has received an acknowledgement letter from the Tribunal if he says no I will ask my husband to make the call. I'm sure the lawyer did not give him a copy of the appeal form. I will ask my husband if a copy was given to him. I will ask the lawyer second week in December the letter. I actually sent the appeal form and relevent documents to the lawyer so I do not know my Reference No. And the phone number to contact the Tribunal on. I can email customer service to find out if they've received it isn't it? Should I ask the lawyer for my reference no.? This lawyer can be strict he's Nigeria and I pray he oblige me my request.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 7:39pm On Nov 28, 2012
@justwise

I've asked my husband he said "no he didn't give me a copy, email the lawyer & ask him these questions. I don't want you to start pestering him over this things please he's done his job, you've got to be patient darling and stop panicking you're doing my head in." Don't know what to say to him. He believes whatever he's been told and act on it. Since the lawyer said "there's no chasing up" that when the Tribunal is done I will be contacted that's what he's going to do. God help me. Thank you for your time. Stay blessed.
Re: UK Spouse Visa/Appeal Process-part2 by erico2k2(m): 9:37pm On Nov 28, 2012
lamosy: @ justwise

You're right, I believe the Embassy handle Administrative review, but the lawyer said he sent the appeal to the Tribunal that the Tribunal will send the paperwork to the Embassy for review, after reading a lot from this thread I disagree with him mail to me because I learnt the Tribunal will send the appellant acknowledgement letter, secondly they will send another letter regarding the hearing date, if I win the case then the Tribunal will contact UKBA, if the UKBA didn't challenge it then the Embassy will be contacted regarding the issue of my Visa. I've not received any letter yet, my husband signed the appeal form before the lawyer sent it off. I don't know if it is oral or paper hearing. What do I do now? Because the lawyer said there's no chasing up. Please help, will the Tribunal send me my own acknowledgement letter or to my husbands address in UK? Because I'm in Nigeria O.

Justwise is mega right, I dont know what your lawyers is up to,some of them dont take into account the Emotional stress cliants go fru,anywayyou have the right to include whatever Docs you seem fit to include as far as it is not going to contradict your situation and evidence,from my personal xpirience with teh Home office,Embassey and Tribunal, I realized they do no off seen check, they only check what Docs you present, in my case, they refused me saying i provided evidence i got a child in the Uk but I did not include a BC when they could just check the registry and find out.What a suggest you do if its still possible, write out all teh point they have against you and number them, address them one by one, thats what I did in my case.lastly is ur Lawyer a Nigerian?
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 8:06am On Nov 29, 2012
@erico2k2

I was refused on the ground of evidence of contact. My lawyer is Nigeria. It was stated in my Right of appeal that my case can be treated with all the relevant documents and may not go for appeal hearing. I don't know why they made this statement. Does that mean they can review the case without the case going for appeal hearing. I'm restless erico
Re: UK Spouse Visa/Appeal Process-part2 by hacklilc: 5:12pm On Nov 29, 2012
lamosy: @ Hacklilc

Thanks for contributing. Was it settlement Visa you applied for? I'm asking because you They acknowledge your appeal after 5 month, does that mean you won the appeal and you're waiting for the Embassy to ask you to bring your passport to append the Visa on it? Please enlighten me on this. thank you.

@
Re: UK Spouse Visa/Appeal Process-part2 by hacklilc: 5:32pm On Nov 29, 2012
lamosy: @ Hacklilc

Thanks for contributing. Was it settlement Visa you applied for? I'm asking because you They acknowledge your appeal after 5 month, does that mean you won the appeal and you're waiting for the Embassy to ask you to bring your passport to append the Visa on it? Please enlighten me on this. thank you.

@iamosy No it wasn't settlement visa, I applied for visit visa. @juswise is right some appeal take longer time to the other so all appeal has different time duration. I believe your case won't be like mine staying up to 5months before getting acklogdement letter. My appeal is not yet concluded, am still waiting on their call to submit my passport. I hope I will the case because am tired of everything, wish I knew it will take long then I won't have appeal the case. Their 2 reasons they refused me my visa are baseless, 1: my monthly income doesn't reflect in my statement, I ve over a million and in my account, its my real account not fake, the issue should be is there any suffient money inside the account. 2: they said my sponsor passport is not clear, its clear even a blind man can see everything on it, I thought they would call the person on phone to confirm if its true or not.

Am praying heavily for them to reconsider and change their decision by calling me on phone to come over with my passport. Only God can help me.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 9:14pm On Nov 29, 2012
@ Hacklilc

Sorry to hear that. Well if you had known you would have asked your company to always credit your account with your income, by so doing the monthly income will reflect in your statement of account, also get a coloured bio-data of your sponsor and a letter from your sponsor to explain that the bio-metric page is his. Then wait after 5 months to re apply, that's all dear. Your case is not very difficult. Now you're appealing I hope all relevant documents were submitted, God will help you definitely. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by erico2k2(m): 11:34pm On Nov 29, 2012
lamosy: @erico2k2

I was refused on the ground of evidence of contact. My lawyer is Nigeria. It was stated in my Right of appeal that my case can be treated with all the relevant documents and may not go for appeal hearing. I don't know why they made this statement. Does that mean they can review the case without the case going for appeal hearing. I'm restless erico

yes it is possible for them to overturn the decission if they think they have erred in law.As per evidence of contact you can write a letter covering that explaing means of contact and the reason you could not provide physical evidence
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 12:49pm On Nov 30, 2012
@ erico2k2
As per evidence of contact you can write a letter covering that explaing means of contact and the reason you could not provide physical evidence.

Just to let you know that I've printed emails month by month from January to October the emails are bulky and all the money transfer documents though my husband put the money in my mums name to collect it and give to me. I made a copy of my mums passport and visa page and sent along with my appeal. Its the time I'm worried about. How long did it take you to win your appeal before they issue you visa? According to what you said in your mail in the first thread if I'm not miss quoting you "you said you've been refused thrice and appeal thrice" I'm I correct? If yes, how long did the first appeal took before the refused you? Do you think all the documents enclosed with the appeal is enough to overtone their decision? Say hello to your wife and baby. Cheers
Re: UK Spouse Visa/Appeal Process-part2 by hacklilc: 7:08pm On Nov 30, 2012
lamosy: @ Hacklilc

Sorry to hear that. Well if you had known you would have asked your company to always credit your account with your income, by so doing the monthly income will reflect in your statement of account, also get a coloured bio-data of your sponsor and a letter from your sponsor to explain that the bio-metric page is his. Then wait after 5 months to re apply, that's all dear. Your case is not very difficult. Now you're appealing I hope all relevant documents were submitted, God will help you definitely. Cheers.
Yeah you are riht and I've learnt from my mistake. Am just waiting.
Re: UK Spouse Visa/Appeal Process-part2 by erico2k2(m): 11:01pm On Nov 30, 2012
lamosy: @ erico2k2
As per evidence of contact you can write a letter covering that explaing means of contact and the reason you could not provide physical evidence.

Just to let you know that I've printed emails month by month from January to October the emails are bulky and all the money transfer documents though my husband put the money in my mums name to collect it and give to me. I made a copy of my mums passport and visa page and sent along with my appeal. Its the time I'm worried about. How long did it take you to win your appeal before they issue you visa? According to what you said in your mail in the first thread if I'm not miss quoting you "you said you've been refused thrice and appeal thrice" I'm I correct? If yes, how long did the first appeal took before the refused you? Do you think all the documents enclosed with the appeal is enough to overtone their decision? Say hello to your wife and baby. Cheers
yes you are right but my circumstances where diffrent from yours very very diffrent, I lived with my wife in the Uk 7 years before we decided to go back to Nigeria to get married plus our daughter is now 9 years old,, but in general, the time frames is usualy say 3 months appart
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 6:06am On Dec 01, 2012
@erico2k2

Thank God for you. I have lived with my husband for over 3 years before we got married and applied for visa in June. But I haven't got a baby for him. Oh erico I pray it does not exceed 3 month. Does the 3 month include winning the appeal and issuing Visa or just winning the appeal excluding the issue of visa? Happy new month and complement of the season. Do have a good day. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by erico2k2(m): 9:15pm On Dec 01, 2012
lamosy: @erico2k2

Thank God for you. I have lived with my husband for over 3 years before we got married and applied for visa in June. But I haven't got a baby for him. Oh erico I pray it does not exceed 3 month. Does the 3 month include winning the appeal and issuing Visa or just winning the appeal excluding the issue of visa? Happy new month and complement of the season. Do have a good day. Cheers.
. I will be honest with you, winning the appeal called by the embassey to bring and collect your passport witht eh VISA takes 6 to 9 months
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 2:52am On Dec 02, 2012
@erico2k2

Well understood. Thank you for your time. Have a good morning.
Re: UK Spouse Visa/Appeal Process-part2 by favouredgal: 9:16am On Dec 04, 2012
@Lamosy and the house, the lawyer is very right, I also applied for settlement visa, I was refused n went for appeal. The tribunal sent me a mail that my bundle has been sent to d BDHC for review, and dt it will take up to 19 weeks which was Feb 28, 2013, and after this date if the BDHC still uphold their initial decision, then i will b sent the hearing date which is another 2 to 3 monthsI was so sad and thought thats a long time to wait. Fortunately for me, my case didn't get to the Feb 28 or hearing level before I was called by the embassy. I raised a question some weeks back here, Lamosy if u could remember. I was called to submit my passport after the tribunal sent my appeal bundle to the BDHC Lagos for review. The BDHC overturned their decision after going through my new evidence. I got my passport back after 2 weeks with my multiple years visa. I was called last week Monday to come for my passport, went on Thursday and travelled to the UK over the weekend. Now with my husband, dream come true. My Advice Lamosy: be patient, pray ceaselessly so you can find favour in the sight of the Entry Clearance Manager that is suppose to review your case, and go to UKBA websites, you will get your facts. Appeal takes time but it works. It will b over sooner than you thought. I am yet to believe am in the UK because everything happened so fast. All the best Lamosy.

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Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 9:27am On Dec 04, 2012
favouredgal: @Lamosy and the house, the lawyer is very right, I also applied for settlement visa, I was refused n went for appeal. The tribunal sent me a mail that my bundle has been sent to d BDHC for review, and dt it will take up to 19 weeks which was Feb 28, 2013, and after this date if the BDHC still uphold their initial decision, then i will b sent the hearing date which is another 2 to 3 monthsI was so sad and thought thats a long time to wait. Fortunately for me, my case didn't get to the Feb 28 or hearing level before I was called by the embassy. I raised a question some weeks back here, Lamosy if u could remember. I was called to submit my passport after the tribunal sent my appeal bundle to the BDHC Lagos for review. The BDHC overturned their decision after going through my new evidence. I got my passport back after 2 weeks with my multiple years visa. I was called last week Monday to come for my passport, went on Thursday and travelled to the UK over the weekend. Now with my husband, dream come true. My Advice Lamosy: be patient, pray ceaselessly so you can find favour in the sight of the Entry Clearance Manager that is suppose to review your case, and go to UKBA websites, you will get your facts. Appeal takes time but it works. It will b over sooner than you thought. I am yet to believe am in the UK because everything happened so fast. All the best Lamosy.

Did you go for Review or Appeal?
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 9:29am On Dec 04, 2012
lamosy: @erico2k2

Thank God for you. I have lived with my husband for over 3 years before we got married and applied for visa in June. But I haven't got a baby for him. Oh erico I pray it does not exceed 3 month. Does the 3 month include winning the appeal and issuing Visa or just winning the appeal excluding the issue of visa? Happy new month and complement of the season. Do have a good day. Cheers.

Be patient, you will hear from them latest Jan hoping that your lawyer is doing the right thing. The whole thing will be sorted by March.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 8:51pm On Dec 04, 2012
@ justwise

Thank you very much for your support. Well, I'll be patient till March 2013. Its quite a while for a wait. Thanks. Merry Christman in advance. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 9:44pm On Dec 04, 2012
@ favouredgal

Thank God for you. I'm happy you're with your sweetie pie, someday, sometime, very soon I'll testify to the glory of God in my life.
Please may I ask how long it took BDHC to request for your passport? I mean from the time you put in your appeal. How long did it take the Tribunal to send you the mail you received? How long was your wait since the day you put in the appeal till the day you got your visa? All together was it up to 5 or 6 month? Ha ha ha ha ha ......I'm just curious. I will take to your advice regarding patience and prayer. Thank you for your time. Your narration was like a medicine to me. Thank you once again. Extend my greetings to your sweetheart. Merry Christmas in advance. I wish you a happy swell time with your sweetie. Take care. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by favouredgal: 5:07pm On Dec 05, 2012
@justifies, went for appeal , sent documents to my hubby and he submitted to the tribunal.
@ lamosy, my appeal got to the tribunal 12th of July, I was called 12th of nov to submit my passport in Lagos, submitted and was given a slip to be tendered when I wanna collect my passport.was called 26th of nov dt
Dt my passport Is ready. Thanks for d best wishes Lamosy. Wish u here gd news soon. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by favouredgal: 5:18pm On Dec 05, 2012
@justwise,went for appeal , sent documents to my hubby and he submitted to the tribunal.
@ lamosy, my appeal got to the tribunal 12th of July, I was called 12th of nov to submit my passport in Lagos, submitted and was given a slip to be tendered when I wanna collect my passport.was called 26th of nov dt
Dt my passport Is ready. Thanks for d best wishes Lamosy. Wish u here gd news soon. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by favouredgal: 5:21pm On Dec 05, 2012
@justwise,went for appeal , sent documents to my hubby and he submitted to the tribunal.
@ lamosy, my appeal got to the tribunal 12th of July, I was called 12th of nov to submit my passport in Lagos, submitted and was given a slip to be tendered when I wanna collect my passport.was called 26th of nov dt
Dt my passport Is ready. Thanks for d best wishes Lamosy. Wish u hear gd news soon. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 3:30pm On Dec 06, 2012
@ favouredgal:

Oh Thank you very much, may God bless you tremendously. I really do appreciate your kind gesture. That means I have to be patient till next year. I wish you and your husband merry christmas and a happy newyear in advance. I will contact you when I'm issued Visa. Love you all. Cheerio.

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Re: UK Spouse Visa/Appeal Process-part2 by favouredgal: 8:52am On Dec 07, 2012
Thanks, merry Xmas and happy new yr in adv to u too. Takia.
Re: UK Spouse Visa/Appeal Process-part2 by GloriaGordon: 9:57am On Dec 09, 2012
Hi everybody,

I am new here, sorting out how it works still, as no button to make a post.
Re: UK Spouse Visa/Appeal Process-part2 by GloriaGordon: 11:11am On Dec 09, 2012
Hello everybody I cannot figure out how to post my own post here, and clicked a 'reply' button.

I applied for a general visitor to visit my common law partner who is a British citizen but been refused.

Here is the decision of the refusal -

"You are currently unemployed in ********, but have saving and property. Your wish to visit you partner, (name), for five weeks. I noted that Mr.(name) although British, resides in Canada. I note
you previously held refugee status in Canada and were removed. You were recently refused entry clearance to join your partner by the Canadian Immigration Authorities and await the outcome of you appeal. Mr. (name) is now temporarily residing with his mother in the UK in an attempt to meet you.
On the balance of probabilities, I cannot be satisfied that you are genuinely seeking entry as a visitor for a limited period not exceeding 6 months or that you intend to leave United Kingdom at the end of the visit as required by Paragraph 41(i) and (ii) of the Immigration Rules HC395."


I got a GV51(LRA) form of refusal with limited rights of appeal. But I know that I can appeal with limited rights on human rights grounds and will ask embassy for the form IAFT-2.

Can anybody comment this - under what paragraphs breaches of human rights this appeal can go?

As this refusal is based on the fact that I was deported from Canada and recently I was refused visa for permanent residence to Canada to re-join my partner. We have appealed against this and now awaiting for an appeal hearing in Canada.

And we just wanted to meet each other in UK for a Christmas. We submitted a good and a full package of documents and there was not any mention that something else was wrong. I have not broke any U.K. either Canadian immigration law. I left Canada when all the legal opportunities were exhausted. It seems odd that I was refused on a base of my previous refusal and deportation which was not from U.K.
Could be so that I am wrong? Do anybody has a knowledge regarding this.
Thank you.
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 12:12pm On Dec 09, 2012
Gloria Gordon: Hello everybody I cannot figure out how to post my own post here, and clicked a 'reply' button.

I applied for a general visitor to visit my common law partner who is a British citizen but been refused.

Here is the decision of the refusal -

"You are currently unemployed in ********, but have saving and property. Your wish to visit you partner, (name), for five weeks. I noted that Mr.(name) although British, resides in Canada. I note
you previously held refugee status in Canada and were removed. You were recently refused entry clearance to join your partner by the Canadian Immigration Authorities and await the outcome of you appeal. Mr. (name) is now temporarily residing with his mother in the UK in an attempt to meet you.
On the balance of probabilities, I cannot be satisfied that you are genuinely seeking entry as a visitor for a limited period not exceeding 6 months or that you intend to leave United Kingdom at the end of the visit as required by Paragraph 41(i) and (ii) of the Immigration Rules HC395."


I got a GV51(LRA) form of refusal with limited rights of appeal. But I know that I can appeal with limited rights on human rights grounds and will ask embassy for the form IAFT-2.

Can anybody comment this - under what paragraphs breaches of human rights this appeal can go?

As this refusal is based on the fact that I was deported from Canada and recently I was refused visa for permanent residence to Canada to re-join my partner. We have appealed against this and now awaiting for an appeal hearing in Canada.

And we just wanted to meet each other in UK for a Christmas. We submitted a good and a full package of documents and there was not any mention that something else was wrong. I have not broke any U.K. either Canadian immigration law. I left Canada when all the legal opportunities were exhausted. It seems odd that I was refused on a base of my previous refusal and deportation which was not from U.K.
Could be so that I am wrong? Do anybody has a knowledge regarding this.
Thank you.



Common law partner has no legal recognition, so technically you are both singles, the immigration law that applies to couples living together or engaged does not apply to you.

As you are given limited right to appeal....that actually means that you got no right to appeal at all, you are free to go for case review which is free.

I don't see you winning the review case though, your Canadian immigration history did not do you any favour couple with the fact that the person you tend to visit in the UK is not legally married to you or have a place of his own at the moment.

The outcome of the Canadian appeal case will change everything...if it goes on your favour.
Re: UK Spouse Visa/Appeal Process-part2 by smiley12(f): 4:03pm On Dec 12, 2012
Hello Everyone, please i need your advise on how to appeal refusal of entry clearance by the UK embassy based on the reason that my account balance is low.

"I have therefore refused your application because i am not satisfied, on the balance of probabilities, that you meet all requirements of the relevant session... Your right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality immigration and Asylum act 2002"

I was rejected visa based on the balance in my bank statement of account. Meanwhile i had specifically informed them in my application that i would use my savings statement presented for the trip. The amount quoted was the amount in my salary account bank statement. Meanwhile, i had the intension of using another savings also submitted for my trip.

Please advise on how to appeal this.

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