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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 ineedhimbadly: 7:05pm On Oct 10, 2014
We don't have a child together
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 7:43pm On Oct 10, 2014
ineedhimbadly:
We don't have a child together

Is your lawyer still involved in this case?
Re: UK Spouse Visa/Appeal Process-part2 by ineedhimbadly: 7:48pm On Oct 10, 2014
Yes we were thinking of having a child together but they may say, your just doing it to have that right. Even though in previous statements from me I have told them of our intentions to live together and have children. I have said this on two occasions.
Re: UK Spouse Visa/Appeal Process-part2 by ineedhimbadly: 8:20pm On Oct 10, 2014
@ Fazo14 what's happening with your case and what paragraph are they taking you to court on?
Re: UK Spouse Visa/Appeal Process-part2 by ineedhimbadly: 10:03pm On Oct 10, 2014
@ justwise still awaiting
Re: UK Spouse Visa/Appeal Process-part2 by dammylizzy: 11:40pm On Oct 10, 2014
Lasmab:


@dammylizzy.
Did you refused on any other paragraph apart from 320(11)? Because I am confused why it took you 6 years?
Were you refused on conviction charge, which is worst in the case of 320(11)?
Concerning the 3 applications you said that was refused: I'm sure you meant your initial application, 19weeks appeal, First-Tier Tribunal, how long did all these take?
Did your case went to Upper Tribunal and what was the out-come?

And you mentioned that, you have to make another application and then declared your immigration history before your visa was granted. Please I need a thorough explanation, because I have already declared my offenses on my initial application, and home office knew everything about my immigration history. Even before I left voluntarily I sent a letter to home office that, we are going to Nigeria to get married and the letter was acknowledge by office home. They knew this before I left the country.

Did you meet the relationship requirement, financial requirement, accommodation, English requirement.

The reasons why I'm asking is that, I met all these requirements.

Thanks.

I was not on any conviction charges but my case was more of an overstayer who encountered immigration officer at the airport travelling with a travel document. It took over 6 years because after the 1st 3 attempts, I decided to take a break and didn't apply for almost 2 and half years. I was served with IS15a at the airport on that day but I didn't know the implication of that then and the 3 different solicitors I used seemed not to have a clue either so instead of addressing the reasons for refusal, they just write about 3 pages of additional statement quoting laws and rights which I realised does not go down well with the ECOs especially if they've got something on you.

I never went to upper tribunal because of the length of time the whole appeal process takes as the least I had was 7 months. So when I was ready to re-apply, I just addressed the issues one after the other, submitted an apology letter and the visa was granted.

Mind you, I have always submitted an apology letter but for some reasons I don't know, they still refused the applications then. I believe these guys know when you've told the whole truth but sometimes play the delay games on you just to frustrate you or something.

Yes I met all requirements and had always met all the requirements even before the English test came into force. Let me assure you that each case is decided on its merits as the only thing that was different in the last application was the fact that I addressed each reasons.
Re: UK Spouse Visa/Appeal Process-part2 by Lasmab: 12:06am On Oct 11, 2014
dammylizzy:


I was not on any conviction charges but my case was more of an overstayer who encountered immigration officer at the airport travelling with a travel document. It took over 6 years because after the 1st 3 attempts, I decided to take a break and didn't apply for almost 2 and half years. I was served with IS15a at the airport on that day but I didn't know the implication of that then and the 3 different solicitors I used seemed not to have a clue either so instead of addressing the reasons for refusal, they just write about 3 pages of additional statement quoting laws and rights which I realised does not go down well with the ECOs especially if they've got something on you.

I never went to upper tribunal because of the length of time the whole appeal process takes as the least I had was 7 months. So when I was ready to re-apply, I just addressed the issues one after the other, submitted an apology letter and the visa was granted.

Mind you, I have always submitted an apology letter but for some reasons I don't know, they still refused the applications then. I believe these guys know when you've told the whole truth but sometimes play the delay games on you just to frustrate you or something.

Yes I met all requirements and had always met all the requirements even before the English test came into force. Let me assure you that each case is decided on its merits as the only thing that was different in the last application was the fact that I addressed each reasons.

Did you try to appeal those 3 applications? The 19weeks period. And did you try to let your case go to First-tier tribunal, before you decided to take a break?
Re: UK Spouse Visa/Appeal Process-part2 by dammylizzy: 10:09am On Oct 11, 2014
Lasmab:


Did you try to appeal those 3 applications? The 19weeks period. And did you try to let your case go to First-tier tribunal, before you decided to take a break?

Yes I appealed the 3 times which took over 19 weeks each and yes I did go to First-tier tribunal before taking a break.
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 10:11am On Oct 11, 2014
@lasmab & ineedhimbadly. I think the best thing you can do right now is decide what is your priority. Is it being together or is it being together in the UK. Neither option is wrong, but being sure of your response will determine what you do next. If its about only being together then u start looking at your options to start your lives elsewhere. It doesn't have to be Lasmab's country of origin, there is a whole world out there. You can take back the control and get on with your lives. If its about living in the UK then Justwise, Dammylizzy and Ikato have given u some advice about how to tackle the process. Now with this option u r at the mercy of UK immigration who currently do not favour you based on past history. It's looking like you'll have to be prepared to fight and possibly wait quite a bit.

It's so easy to be blinkered by this visa process, especially after investing so much already but there comes a point where you have to prayerfully make the decision that benefits your future the most. Take back the power and do what favours your family the most.
Re: UK Spouse Visa/Appeal Process-part2 by ineedhimbadly: 10:49am On Oct 11, 2014
Can we settle in the UK though. This is my home. No-one seems to have an answer to this. Although I heard people who have been successful on paragraph 320 11. @ Dammylizzy how did you win? We have made three applications within 12 months. I don't want ours to be as long as yours.
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 10:51am On Oct 11, 2014
ineedhimbadly:
@ justwise still awaiting

This is the time to take your time and redress all the issue and reapply, waste no money on immigration lawyer and pure your heart out on paper about the whole issue from day one. Don't assume that they know your hubby's immigration history and offense you need to write down and apologize for every single one for them. Yes you have the right to family life as a British citizen but with blatant disregard for the law the immigration has every right to punish your hubby as they deem it fit.

Treat this like your first application and address every single immigration offense he committed and apologise for them, this is not the time to quote immigration laws in your favour but a time to acknowledge your wrong doings and set the record straight.

Gather your wedding pictures, marriage certificates, payslips and bank statement, proof of accommodation, email, call, whatsapp, bbm, fb etc....histories. Approach your MP and narrate your problem and ask for a letter from him or her to support your application.

Another option is upper tribunal if you want to drag this on and waste money on lawyers....it may work..who knows.
Re: UK Spouse Visa/Appeal Process-part2 by ineedhimbadly: 10:52am On Oct 11, 2014
October - 2013 spouse application
May 2013 - appeal refused
First tier tribunal - refused
Re: UK Spouse Visa/Appeal Process-part2 by ineedhimbadly: 11:51am On Oct 11, 2014
@justwise we asked the Mp for help but he refused because of my husband history. What do you expect he's conservative anyway.
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 11:58am On Oct 11, 2014
ineedhimbadly:
@justwise we asked the Mp for help but he refused because of my husband history. What do you expect he's conservative anyway.


Oh well....UKIP is dealing with them despite their immigration tight rules.

Apart from entry the UK with somebody else's passport and working with it...is there any immigration offense?
Re: UK Spouse Visa/Appeal Process-part2 by ineedhimbadly: 12:03pm On Oct 11, 2014
@Dammylizzy - really trying to understand your case but it's quite difficult and complex. You waited six years, it was not home office who told you to wait six years, no one told you to take a break for two in a half years and you had dodgy lawyers aswell, we had the same lawyer for the past year. If we do not win at upper tribunal we will try and apply again and will write a hand written statement from myself and my husband apologising for his offences if we get to the upper tribunal. This whole thing is about patience, can I ask why you did not go through the whole process, such as the main application, 19 week deadline, first tier tribunal and upper tier tribunal? I know it is really expensive process especially if you are in London. So what was you doing for those two in half years in Nigeria?

Why take a break? Is that not giving up? If it's because of money I understand but if not please say why. People have accused is of not being honest but the funny thing is we have been very honest from day 1 which was over a year ago. He admitted everything to the home office in the main application.
Re: UK Spouse Visa/Appeal Process-part2 by MrsAdebiyi: 6:38pm On Oct 11, 2014
I think I need a manual for how this forum works . The beloved janitor and guru Mr just wise just told me off for posting on the wrong page . Sir I apologise ...


Anyway this is my query....

I live in UK and recently got married to my husband in nig . We applied for settlement visa for him to come over since August 2014 and I haven't heard anything . All the supporting documents were complete and I am also a british citizen. The problem is we haven't heard anything from ILe nla (Ukba) it's been 10 weeks and am starting to get super worried . My husband was refused for visiting visa in 2012 when my mum invited him . They said he does not have enough ties to come back to naija... Has anyone been through the process lately or experiencing similar delays? The automatic email from Home office stated that 95% of applications are completed within 12 weeks ... Is this realistic?
Re: UK Spouse Visa/Appeal Process-part2 by Lasmab: 7:23pm On Oct 11, 2014
justwise:
[/b]

Oh well....UKIP is dealing with them despite their immigration tight rules.

Apart from entry the UK with somebody else's passport and working with it...is there any immigration offense?

No offenses were committed, apart from I made 2 applications to regularise my stay in uk which was refused.
Re: UK Spouse Visa/Appeal Process-part2 by Lasmab: 7:25pm On Oct 11, 2014
justwise:
[/b]

Oh well....UKIP is dealing with them despite their immigration tight rules.

Apart from entry the UK with somebody else's passport and working with it...is there any immigration offense?

No criminal offenses are committed, apart from I made 2 applications to regularise my stay in uk which was refused. And I have stated everything on initial spouse application form.
Thank you.
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 7:35pm On Oct 11, 2014
MrsAdebiyi:
I think I need a manual for how this forum works . The beloved janitor and guru Mr just wise just told me off for posting on the wrong page . Sir I apologise ...


Anyway this is my query....

I live in UK and recently got married to my husband in nig . We applied for settlement visa for him to come over since August 2014 and I haven't heard anything . All the supporting documents were complete and I am also a british citizen. The problem is we haven't heard anything from ILe nla (Ukba) it's been 10 weeks and am starting to get super worried . My husband was refused for visiting visa in 2012 when my mum invited him . They said he does not have enough ties to come back to naija... Has anyone been through the process lately or experiencing similar delays? The automatic email from Home office stated that 95% of applications are completed within 12 weeks ... Is this realistic?

Hiya. UKBA allow for up to 5 months to respond to submitted applications, so there's no need to worry at this stage. As long as you meet all the requirements and have submitted all relevant evidence documents, I wouldn't worry about your husbands past refusal. As long as its declared in the application it'll be just fine.
Re: UK Spouse Visa/Appeal Process-part2 by dammylizzy: 9:28pm On Oct 11, 2014
ineedhimbadly:
@Dammylizzy - really trying to understand your case but it's quite difficult and complex. You waited six years, it was not home office who told you to wait six years, no one told you to take a break for two in a half years and you had dodgy lawyers aswell, we had the same lawyer for the past year. If we do not win at upper tribunal we will try and apply again and will write a hand written statement from myself and my husband apologising for his offences if we get to the upper tribunal. This whole thing is about patience, can I ask why you did not go through the whole process, such as the main application, 19 week deadline, first tier tribunal and upper tier tribunal? I know it is really expensive process especially if you are in London. So what was you doing for those two in half years in Nigeria?

Why take a break? Is that not giving up? If it's because of money I understand but if not please say why. People have accused is of not being honest but the funny thing is we have been very honest from day 1 which was over a year ago. He admitted everything to the home office in the main application.

I understand exactly how you are feeling at the moment as I've been there before and trust me, it wasn't easy but God's grace kept both myself and my spouse. Now back to your questions; I was not asked to take a break from applying and Infact every solicitor we met wanted us to keep applying and look forward to winning an appeal but after the 3 refusals, we decided it was time for me to settle in Nigeria and start working to show that I'm not desperate to leave Nigeria.

Each application took between 8 to 9 months and that's with all the 3 appeal processes. So the 3 applications were over 3years. Infact in one of the applications we got the MP to write a letter which we submitted with the application but still got refused.

I want you to understand just as others have said that the home office is aware of all the wrong doings but they wouldn't just give the visa to someone who had misused their previous visa so they make you go through hell and they also make use of the delay to see the genuineness of your relationship. I took up a job in Nigeria and just focused on that while my spouse visits as often as possible.

Taking a break does not mean giving up, it just means you can also survive in another country and shows you're not too desperate to move out of Nigeria. The last application I did was with ease as I showed them I'm not coming to be a burden to the economy but coming to add to the growth as a professional in a certain field. I showed how comfortable I am in Nigeria but only need to go back because of my spouse and family life as my spouse is not ready to come and stay in Nigeria because of his strong ties to the UK.

I pray for grace for both of you and trust God to direct you in the direction to go.
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 11:15pm On Oct 11, 2014
MrsAdebiyi:
I think I need a manual for how this forum works . The beloved janitor and guru Mr just wise just told me off for posting on the wrong page . Sir I apologise ...


Anyway this is my query....

I live in UK and recently got married to my husband in nig . We applied for settlement visa for him to come over since August 2014 and I haven't heard anything . All the supporting documents were complete and I am also a british citizen. The problem is we haven't heard anything from ILe nla (Ukba) it's been 10 weeks and am starting to get super worried . My husband was refused for visiting visa in 2012 when my mum invited him . They said he does not have enough ties to come back to naija... Has anyone been through the process lately or experiencing similar delays? The automatic email from Home office stated that 95% of applications are completed within 12 weeks ... Is this realistic?

Your present waiting time is not unrealistic. The fact that he was refused visa in 2012, is a mark against his application (not that he will be refused, but will be viewed as a reason he got married, was to gain entry)
If UKBA is pleased with the documents you submitted, and they have no reason to doubt that the union is genuine, the visa would be issued.
You can also call them, quoting your application reference and requesting an update.
Re: UK Spouse Visa/Appeal Process-part2 by bassy10113: 9:12pm On Oct 12, 2014
Lexusgs430:


Your present waiting time is not unrealistic. The fact that he was refused visa in 2012, is a mark against his application (not that he will be refused, but will be viewed as a reason he got married, was to gain entry)
If UKBA is pleased with the documents you submitted, and they have no reason to doubt that the union is genuine, the visa would be issued.
You can also call them, quoting your application reference and requesting an update.

U will definately hear from them soon...I submitted july 2 and my spouse received our supporting documents back on the 1st october.....but yet to receive my passport here in nigeria....
Re: UK Spouse Visa/Appeal Process-part2 by MrsAdebiyi: 9:54pm On Oct 12, 2014
Thank you all for the insight..
@girlflio thank you for the advise

@lexusgs430 I really hope the previous refusal will not count against us as I have been to naija twice after that ... So there is more than enough evidence to support that the relationship is genuine , but thanks for pointing out the caveat ... By the way how did they notify you when the visa is granted? Do u simply assume it has been approved (or not) once the supporting documents have been received ? And will u be collecting the naija passport from VFS ikeja ( the incumbent ) or another office run by teleperformance the new visa sub contractors ...

Does anyone have more information about the backlog at the HO and how this is being addressed ...Thanks in advance for the advice ...
Re: UK Spouse Visa/Appeal Process-part2 by Toni4: 3:12pm On Oct 13, 2014
Hi,
I am a British citizen marriage to a Nigerian, we applied for a settlement visa for her to join me in the UK. the application was previously refused, but the refusal was overturned on the 7th of August 2014 and she was asked to send her passport to Sheffield.I got a response from Sheffield stating that her visa has been issued and her passport dispatched to VAC in Nigeria where she made the initial application since the 8/9/2014. however, she is been to VAC in Abuja severally but was told they don't have her passport. I have written several emails to Sheffield asking for specific details on which VAC the passport was sent to. Please, is there an alternative or direct means to contact Sheffield in other to get a prompt response. it is really getting frustrating, its been over 16 months now, since we first made the application.
Re: UK Spouse Visa/Appeal Process-part2 by damyoyepitan(f): 4:02pm On Oct 13, 2014
She may need to go to lekki vac .it just might be dere .
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 5:03pm On Oct 13, 2014
@Toni4. If its not in Abuja, I would definately try the Lekki VAC. If they sent u confirmation of the issued passport via email, ask your wife to take a copy of that with her. Unfortunately Sheffield are notoriously difficult to contact once the visa has been issued. If u have proof that it has been sent on an email, it should force the VAC to investigate.
Re: UK Spouse Visa/Appeal Process-part2 by fazo14: 6:02pm On Oct 13, 2014
@ineedhimbadly
We waiting,praying$getting set 4our court date which is in february 2015,counting totally on GOD for our favourable outcome,although the reason is a little confusing,because after our application we were refused stating that bank statement were internet print out and not originals,after we appealed,i was after 2submit my passport,2our upmost surprise I was given back my passport without visa instead with another refusal letter refusing me on 320 7b, I had about a year prior to this time been refused a Visitor Visa under 320 7a, so we know that its boils down to dis refusals under 320.
I can imagine wat u r going through,but dis forum is a family and has loads of positivity,it keeps a lot of us going, we have wonderful peeps here$Best approach always given,TAnx A lot everyone.
@ineedhimbadly God will surely make a way 4 your family. The Best will come.

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Re: UK Spouse Visa/Appeal Process-part2 by Ikato3540: 8:34am On Oct 14, 2014
Toni4:
Hi,
I am a British citizen marriage to a Nigerian, we applied for a settlement visa for her to join me in the UK. the application was previously refused, but the refusal was overturned on the 7th of August 2014 and she was asked to send her passport to Sheffield.I got a response from Sheffield stating that her visa has been issued and her passport dispatched to VAC in Nigeria where she made the initial application since the 8/9/2014. however, she is been to VAC in Abuja severally but was told they don't have her passport. I have written several emails to Sheffield asking for specific details on which VAC the passport was sent to. Please, is there an alternative or direct means to contact Sheffield in other to get a prompt response. it is really getting frustrating, its been over 16 months now, since we first made the application.

@ everybody in the house, I'm in a similar situation as Toni. Passport received by Sheffield almost 3 weeks ago, sent via DHL. I went to VAC ikeja ( eitebets place) yesterday, and the passport wasn't there. My husband and I have emailed Sheffield about the whereabouts of the passport, but we've not heard from them yet.

Do you think it's worth trying lekki VAC? I applied in ikeja VAC and that's why I went there for collection.

Please what do you suggest I do?
Re: UK Spouse Visa/Appeal Process-part2 by Ikato3540: 8:44am On Oct 14, 2014
girlfio:
@Toni4. If its not in Abuja, I would definately try the Lekki VAC. If they sent u confirmation of the issued passport via email, ask your wife to take a copy of that with her. Unfortunately Sheffield are notoriously difficult to contact once the visa has been issued. If u have proof that it has been sent on an email, it should force the VAC to investigate.

@Girlfio and Damioyepitan,

I may be mistaken but I think someone here on NL once posted that Lekki VAC is now closed to those collecting their passports..

Anyway, there's only one way to find out.... I would go there.

@ Toni I wouldn't suggest abuja VAC I have been misinformed severally by some of those who work there... And I'm not sure they are in sync with some of the processes and procedures especially for settlement cases.

Someone there told me to submit my passport to them for visa issue and that the visa is issued in Lagos not Sheffield..... And that ukba is only trying to trick us that all visas including settlement can be issued in Nigeria.

Truckload of BS
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 1:50pm On Oct 14, 2014
Ikato is right, I forgot about Shelair's post. VFS Global has been taken over by Teleperformance Ltd, they have offices in Abuja, Victoria Island and Ikeja. These changes happened around about the end of September.
Re: UK Spouse Visa/Appeal Process-part2 by bassy10113: 9:22am On Oct 15, 2014
Hello house....my spouse received his supporting document back since Oct 1st 2014....but am yet to hear anything about my passport in nigeria....no text message from Vfs...noting...plz can someone advice me on what to do.....i emailed sheffield office since 11th of September but haven't heard anytin from them....
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 11:50am On Oct 15, 2014
bassy10113:
Hello house....my spouse received his supporting document back since Oct 1st 2014....but am yet to hear anything about my passport in nigeria....no text message from Vfs...noting...plz can someone advice me on what to do.....i emailed sheffield office since 11th of September but haven't heard anytin from them....

I believe they send documents back when they have finished doing they're checks on them in support of your application. It's a good indication that they are approaching the award of their decision. It looks like they r taking a bit longer than normal at the moment due to the increased student applications during this period. It might be worth calling the tribunal office in Leicester to see if they've received notification of the decision made. At least u know that they are looking at your application, your in the last stages of getting your outcome which is good news.

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