Uk Visa - Visa Appeal Process

@razzy

I HOPE I am wrong, but methinks a letter of offer from another educational institution could be construed as a change of circumstance - a blanket policy reason for refusal that does not have to comply with Paragraph 57 rules.

I sugest you still go ahead and request from a different uni though, you might be able to argue that you still satisfy the law as it stands i.e. that the letter is a valid letter of enrolment.

@Akolawole
nice to have you back.

Welcome back again. Kind of got tired of some post here, but I guess big_bumper handled it well too. Are you back in Ibadan now? Or still on tour around Europe?

Hi all, i have been an avid reader of this particular thread and i must say that it educated me a lot and equipped me with what i needed to apply for my visa (student dependant). i was however refused the visa along with my 2 year old  son. my husband has been a student in coventry university since february 2007. we decided that he goes and settles before we join him.

i am presently self employed. i cater at weddings, parties and meetings. used to work in a bank but neede more time at home with my baby so i stopped early last year. i submitted all my bank statements with over 4 million naira in  them(a reference letter from my bank, supported these statements).evidence of my business such as pictures of jobs carried out by me were included in the application. a tenancy agreement of a 2 bedroom apartment my husband secured was also included in the application. a letter of sponsorship from my father in-law and evidence of funds made available to me for this purpose were all submitted. infact i submitted every possible document you could think up.(receipt of payment of full tuition, letter of invitation from my husand's school, proof of enrolment in school)

i was refused a visa on the ground that
1. my statements were not genuine( even with a reference letter my bank did to support my accounts i run with them)

2.no proof of source of funds( i submitted a letter fom my father inlaw stating sponsorship and proof of when                 the money was made available to me and also pictures of jobs i did and a certificate of a catering course i did that qualifies me as a caterer)

3.tenancy agreement did not state size of accomodation and whether my husband stays there alone( i thot something would be put in place to verify that in the UK)

i have notified my bank on the response of the ECO and they stated that no form of confirmation was done by BHC. the landlord also said that he wasn't called and has even written a letter incase we want to appeal clarifying issues. i wasn't called for an interview and so i know that i have been unfairly denied a visa and would really like to know what step i should take next. do i appeal, re-apply or just do a letter stating that i have been unfairly denied pointing out these loopholes in their services?

please, any form of advice would be really appreciated as there is a pressing personal ssue involved in this case.

sorry if i have bored you guys but i really need an expert advice. thanx

@ Omojeje
Thanks. I will be 30 in july,(we have been to the uk twice now, because my 2yr multiple visa just expired on 5th may), my husband would be 34 in august, he is studying an MBA info tech, i submitted all documents as a caterer because, that is my major source of funds right now( in a month i make nothing less than 100,000 naira) i cater weddings, meetings, parties and i also do decorations. he submitted his lloyds bank statement with about 2,000GBP, he is working with a hotel, i included my court and church wedding certificates, my baby's birth certificate, newspaper page of my change of name( didn't include wedding pics because i had submitted all that when i applied for a visiting visa in 2004). yes he wrote and his school wrote us an invitation letter. he got a two bedroom apartment because he was expecting us to join him and we didn't want to go against their space regulations.his rent is 480GBP. i submitted my statements because the rule states funds bw d 2 of us and moreover, his father made available his school fees, which was paid into my account but after he paid his school fees from both our savings( in full) we left the money in my account for me and my son's upkeep if we have a need for it. i included my father in-laws letter of sponsorship in my application and stated when the money was paid into my account( hence the need for my statements). i also had my personal savings from previous employment and my business.

that is  my story. i was so confident that i had all they could possibly require. i was at my bank today, and their control unit confirmed they weren't contacted. his landlord also said he wasn't contacted. By the way this refusal was on 22nd of may. i had read so much on this thread that i actually thot i wouldn't encounter any problems.

any form of assistance would be deeply appreciated. thanx for replying

i intend to do a letter first before i reapply eventually. because i think the appeal takes too long. i'm kind of bitter about this whole thing and just need to let my heart out. it would reduce alot of the anger and disdain i feel right now. would be diplomatic about it any way. but i really want to be heard or even get the feeling that someone got the letter ( that is if they don"t read it). if i am refused again, my husband would just have to show face here every two two months to see us o.

it's really a pity what we go through in the hands of these people.

i do not want to apply immediately. i just want to do a letter, stating the obvious( unjust refusal) then reapply later. i'll probably hint my husby concerning your suggestion and we'll see. thanks

@ VOR
thanks for replying i was actually. i'll do d letter tomorrow and take it to them. i just received a scanned copy of a letter written by my husband's landlord stating that the accomodation is occupied by him alone and it is a 2 bedroom aprtmnt. do i attach this letter to what i'm writing to BHC? 

@ VOR
date of refusal was 14th may. i collected on d 22nd may and i have 28 days to appeal.  i had submitted a tenancy agreement and it was based on that they said type of accomodation wasn't stated. or do i still go ahead and submit the agreement?

@VOR,
Although on the surface it looks like the ECO made a BAD decision its good to balance it with another perspective. These are the immigration rules covering the case,

Spouses of students or civil partners of prospective students
Requirements for leave to enter or remain as the spouse or civil partner of a student or prospective student
76. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse or civil partner of a student or a prospective student are that::

(i) the applicant is married to or the civil partner of a person admitted to or allowed to remain in the United Kingdom under paragraphs 57-75 or 82-87; and

(ii) each of the parties intends to live with the other as his or her spouse or civil partner during the applicant's stay and the marriage or the civil partner of is subsisting; and

(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds; and

(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(v) the applicant does not intend to take employment except as permitted under paragraph 77 below; and

(vi) the applicant intends to leave the United Kingdom at the end of any period of leave granted to him.

Leave to enter or remain as the spouse or civil partner of a student or prospective student
77. A person seeking leave to enter or remain in the United Kingdom as the spouse or civil partner of a student or a prospective student may be admitted or allowed to remain for a period not in excess of that granted to the student or prospective student provided the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is satisfied that each of the requirements of paragraph 76 is met. Employment may be permitted where the period of leave granted to the student or prospective student is, or was, 12 months or more.

Refusal of leave to enter or remain as the spouse or civil partner of a student or prospective student
78. Leave to enter or remain as the spouse or civil partner of a student or prospective student is to be refused if the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is not satisfied that each of the requirements of paragraph 76 is met.

 

The additional questions I need to know is what is the duration of the length of the MBA course and how many months has been spent already ?

The applicant is going to leave her lucrative business, the income or potential income of the business can not be used to support the criteria of the applicant being able to support herself while in UK because she is DEPENDANT on her Husband. Meanwhile , before her Husband got his Student Visa he had to satisfy part of Section 57 of the immigration rules which states that-he

(vii) is able to meet the costs of his course and accommodation and the maintenance of himself and any dependants without taking employment or engaging in business or having recourse to public funds.

Students are allowed to work but not because they need to work to pay their school fees, or pay their house rent or support their dependents. Where is the applicants Husband getting the money to pay for the House rent ? Where will the Applicants Husband get the funds from to support his wife and child in the UK? Is it  from his limited  20 hour per week work ?

She stated that her rent cost £480 for a 2 bedroom apartment.Is it £480 a week or month ?£480 a month is quite cheap for a 2 bedroom apartment-where is it located ? A two bedroom apartment for a student in UK  is a big ASK. Can the applicants Husband maintain himself and family and still pay the rent of £480 without recourse to employment? Although it wasnt addressed by the ECO its a crucial litmus test because the Student visa was issued on the assumption that he could sort out his fee's,house rent and dependents without needing to work. In that case if the dad-in-law was the Financial sponsor of the applicants Husband, he should send a covering letter indicating his ability to support his son and his dependent, proof of additional funds sent to the son's account.

The bank statement issue is BS. In your letter for reconsideration inform the ECM that you intend to  address that point on appeal by presenting a confirmation of the bank statement from the bank itself.

There should be a letter from the Landlord/Estate Agent to indicate if the flat consists of  single  or double-rooms and if it is shared,most students live in shared accommodation (even with their families).

If there is less than 12 months left on her Husbands student visa then to appeal is not recommended till he sorts out the duration of his student visa.

@LC and all
Just some little clarification from you.
What happens if the student is been sponsored by his father,who sends money regularly to him via local money transfer from Nigeria to UK,the student collects the money and then pays it in into his own uk account which will show cash paid in consistently.This student is not working,so his limited 20hrs does not show on his statement at all.

He intends to bring his newly wedded wife into the UK,his programme finishes by sept 2007,and his LTR expires by jan 2008,obviously he is doing a specialist advanced professional masters programme(Msc Analysis and intervention in intellectual and developmental disabilities)Msc full time,and he is currently doing a clinical placement with a community learning disability team somewhere in south east london,though its unpaid and its part of the academic structure and requirement before september 2007.(Obviously he would be retained by the NHS and work for them, though this would not be known to the ECO in lagos)

Does he stand a good chance provided he presents all documents as required by the immigration rules as to the student dependant visa.He got a one bedroom apartment for £420 per mth,with a month deposit stated on the tenancy agreement.

Is his bank statement enough to present to the ECO when he intends to apply come july 2007 or will he need to prove the origin or source of funds which he utilizes in his living expenses in the UK.

what do u feel can be done to address this anticipated issue

@ LC and Vor,

Nice working going on here.

@ Shobaby,
Sorry about your refusal but the grounds of refusal are useless and baseless I must say. However did you get a covering letter from your bank as to the bank statement?
Will come online later and give my own views .

@ Omojeje,
Na wah for you oh!

@ mrpataki
hi, the bank said i should ask BHC to confirm from them because the first letter didn't work and doing another might seem like i probably know someone on the inside. so they said if they call them about a visa statement, they'll get their confirmation straight from the horse's mouth.

@ VOR
i submitted d letter this morning. in a week or two, if i don't hear from them, i'll ask my husband to file the appeal from over there.

@Vor
Just wanted you to know that i have just paid for my british passport but i was asked to come for an interview on the 7th of june.why the interview?i got everything they requested for except my time of birth documents(mother's antenatal/postnatal/delivery notes).they insisted on it.but the time is too short for me to get it.Will it stop the issuance of my passport?Honestly,i do not see why they should ask me for all these things.What are they likely to ask me during the interview?

Contributions are welcome.@mrpataki,akolawole,londoncool,
i am waiting,

Really to be on the safer side, I will suggest you make efforts to get the antenatal notes. Even though I must say its kind of crazy asking for antenatal notes in respect to your delivery .

As to possible questions, well I will suggest you have a good reason why you need the British Passport at this particular period of your life, you need to express an accurate measure of confidence when addressing the ECO, even though I suspect all they want is to see you in person and know you are actually the person stated in your application. As well have a general knowledge of the UK.

I once had a neighbour who applied for her british passport, whose father accompanied her to the HC, the ECO was asking the father, what is the color of London Commercial Buses

Wish you all the Best!

Could you please enlighten us on who are these relevant personell and where is the weblink to get in contact with them. If you are quick to spit your stupidity, I will suggest you read the whole topic from the beginning.