UK Spouse Visa/Appeal Process-part2 - Travel (175) - Nairaland
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| Re: UK Spouse Visa/Appeal Process-part2 by Portsmouth86(f): 12:28am On May 19, 2016 |
hi all, i hope everyone is well I just wanted to let all know about appeal times as i have been reading up about it and seen many still waiting 12+ months , and also the proposed increase in appeal fees the current timescales for the appeals is 12-18 months, this is from current appellants sources widely available http://www.theguardian.com/uk-news/2016/apr/21/asylum-and-immigration-court-fees-set-to-rise-by-over-500 Fees going up from £140 to £800 https://petition.parliament.uk/petitions/129574 sign this petition if you can. Priority: In Nigeria there is no set time scale as to how long the priority takes as the wording states " Use of this Priority Visa service guarantees that your application will be placed at the front of the queue for processing ahead of others" the 15 working days is for in country applications in countries such as Turkey. Tunisia and Morocco are in the process of changing processing to the UK from Paris (where the sponsor sends everything to Sheffield from within the UK) |
| Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 5:17am On May 19, 2016 |
Portsmouth86: From £140 to £800, for an appeal? How much is the original application increasing to? UKBA, Diaris God O!!!!!! |
| Re: UK Spouse Visa/Appeal Process-part2 by tunderule2016: 7:56am On May 19, 2016 |
Thanks for the post ;this is over 100% increase damn crazy.....I cant blame them anyways... the market is an ever increasing place, even if they increase to over 1 000 pounds, people will pay since there is none to hold them ransom for it. Honestly, i just feel it is better to re-apply for an application than appealing except the person has got 1 year to play around with. Again thanks for the post. Portsmouth86: |
| Re: UK Spouse Visa/Appeal Process-part2 by tunderule2016: 10:33am On May 19, 2016 |
even irish has joined the list increase in visa ttps://www.siliconrepublic.com/port...-visas-ireland Portsmouth86: 1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by ajirapsy(m): 12:52pm On May 19, 2016 |
Is it fine to include expired bio data page (due to expire in June and we are in applying in July) of UK sponsor passport with ILR in the supporting documents for spouse visa application? Does this bio data page copy have to be certified by a solicitor? Would a photocopy of her expired passport bio data page not jeopardise my spouse visa application? Thank you for taking time out to help. |
| Re: UK Spouse Visa/Appeal Process-part2 by tunderule2016: 6:26pm On May 19, 2016 |
It will not jeopardize the application ; what will jeopardize the application is the expiring date of the sponsor.... as long as the person still has a valid right of stay in the UK that is what matter.... BIO date copy does not need certifying. They have record, the only thing that need stamping at the bank is the bank statement except if the sponsor is submitting the original bank statement sent from bank to account holders. Good luck.. ajirapsy: |
| Re: UK Spouse Visa/Appeal Process-part2 by Portsmouth86(f): 6:35pm On May 19, 2016 |
Lexusgs430: It's a joke really they think they can play God with people lives, The application fees increased by 25% on March 18th Now its £1195 for the visa fee, and priority increased to £450 (ihs still £600 for initial spouse visa) The IHS hasn't yet increased but I'm sure it will at some point I also agree with @tunderule2016 it's better to reapply, because you would recover the visa fee again before the appeal is even looked at which is 12-18 months at the moment, the £800 you would waste on appeal you can use towards reapplying instead of losing all that time and stress  1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 6:37pm On May 19, 2016 |
Portsmouth86: When appeal was £140, that route seemed appropriate. But at £800, fresh application is the only way forward. 1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by Portsmouth86(f): 6:48pm On May 19, 2016 |
tunderule2016: This is happening in most countries now, however for SS route the Cvisa should be free if one party is British or EEA citizen, and there is also an update on that, from what will happen after the referendum from a lawyer i know of..... UK – the new immigration rules proposed to be introduced after the EU referendum After the recent negotiations in Brussels, we now have further tentative information on proposed changes to immigration law if the UK votes to remain in the EU following the referendum in June. The UK government has agreed a deal to give the UK “special status” in the EU –assuming the referendum is passed. There are 2 main areas of immigration that will be affected by new regulations to be introduced after June. These are; 1) Family Members of EU / EEA citizens. 2) British citizens using EU law for family members (the Surinder Singh route) Let’s look at each of these areas. Family Members of EU / EEA citizens. For the first group (Family Members of EU / EEA citizens), the UK government is trying to take back control of the rights of those family members to live in the UK under EU law. In summary, unless those family members already have a right of residence in an EU member state then it seems they will be subject to UK immigration law. The document states they will exclude; “from the scope of free movement rights, third country nationals who had no prior lawful residence in a Member State before marrying a Union citizen or who marry a Union citizen only after the Union citizen has established residence in the host Member State” In such cases; “the host Member State's immigration law will apply” Currently,such family members can use their EU free movement rights to move to the UK with their EU citizen spouse. This can be done regardless of where they live –in the EU or outside the EU. They can apply for EEA family permits from outside the UK and EEA residence cards in the UK. In future,it seems the UK government will be allowed to insist that such applicants are treated under UK immigration law – which of course is much tougher. UK immigration law requires a minimum income test, proof of English languag eability, greater proof of a genuine relationship, high immigration application fees etc. Overall it is a much stricter regime. In short -the applicant loses all the advantages of applying through the EEA Family Member route. This would seem to be a radical change and will especially affect the many EU citizens and their spouses living outside the EU. So, for instance – after June, a Brazilian citizen married to a French citizen living in Brazil, would have to apply under the UK immigration rules to move to the UK. This would mean that they would need to meet the UK immigration financial requirement. Perhaps by showing they have substantial savings or the French citizen might need to move to the UK first to work for 6 months. The Brazilian citizen would need to pass an English test and pay the high UK immigration application fees. Currently –none of these requirements of UK immigration are in place when applying as an EEA family member. But some of the points that we do not understand yet include; What does“lawful residence “ mean ? We assume this is to exclude those who are without a valid visa? What about those that may have a valid visa (such as a student) –if they decide to marry an EU citizen does this then mean they had prior lawful residence? Or does “lawful residence” only count if issued on the basis of EEA free movement in another EU member state. Obviously we are yet to see exactly what specific requirements will be introduced and a timetable for this. But the new rules will only be in place at some point after June so many applicants should consider whether they should apply now to move to the UK through the EEA route – such as applying now for EEA family permits or EEA residence cards. Applicants who are classed as an EEA family member before June should be able to continue to stay in the UK through their EU Free Movement rights. Another helpful insight to the government’s intentions are detailed in their Report to Parliament which states they wish to address the; “Unfairness of the current situation, in which it is easier for an EU national to bring a non-EU spouse to the UK than it is for a UK national”. So, the onerous financial requirements and English tests might soon have to be overcome by many more applicants. In other words, making it harder for everyone. British citizens using EU law for family members (the Surinder Singh route) The second group of applicants that are specifically mentioned in the UK / EU deal are those British citizens who use EU law to live in another EU member state and then return to the UK with their spouse. This is usually referred to as the Surinder Singh route after the case that first established this principle of EU free movement. The document states; “Member States can address specific cases of abuse of free movement rights by Union citizens returning to their Member State of nationality with a non-EU family member where residence in the host Member State has not been sufficiently genuine to create or strengthen family life and had the purpose of evading the application of national immigration rules.” So while there is nothing to suggest this route will be abolished, this seems to signal much greater scrutiny of such applications after June. The UK government already has a rigorous “centre of life” test in their EEA regulations for such applications – requiring the British citizen to show that they have moved the centre of their life to the other EU member state. The document seems to be giving much greater powers to the UK to require longer periods of residence, more evidence of employment / self-employment and in effect trying to put the UK’s “centre of life” test beyond any legal challenge. In 2014 the case of O v The Netherlands in effect reaffirmed the Surinder Singh rights and expanded the case to ALL those exercising EU Treaty Rights, not just workers. This case also seemed to cast serious doubts on the UK’s “centre of life” test. After this case, the UK government didn’t relent and didn’t change the EEA regulations –so the “centre of life” test has remained. If the referendum is passed then we can expect the UK government to perhaps clarify even more the “centre of life”test and maybe even expand it. “Surinder Singh” applicants might need to stay longer in another EU Member State and be prepared to present compelling evidence of the genuine nature of their move. As stated above – I do not think this route will be abolished (or even that it can be abolished, as it is based on sound case law reaffirmed in many cases) but the UK government seems determined to make it harder. Of course, it is no surprise that this route has become more popular since the introduction of onerous financial requirements for UK spouses in July 2012. Summary It is important to understand that the UK / EU deal is contingent on the result of the UK referendum on 23 June 2016 being a vote to remain in the UK. The proposed changes above will then be implemented by the UK and the EU – with changes in the necessary Directives and Regulations as required. The changes could take a little time to be phased in – the exact timetable and scope of the changes is still not clear. EEA family members should seriously consider if they can move to the UK now under the current existing rules before the new rules are introduced. If the referendum is not passed then we really are in unknown territory. This would result in the UK withdrawing from the EU and working out an agreement for the rights of EU citizens and their family members currently living in the UK.This would also have to include the rights of British citizens and their family members currently living in other EU member states (of which there are over 2 million according to recent estimates). 1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by tunderule2016: 6:51pm On May 19, 2016 |
You are right , I think soon that IHS will increase...shortly, they just cant stop cashing out from us... na wa oo this IHS is free to some countries and some it is even less than 600 pounds . Their is a checker one can use to check how much base on country .. Portsmouth86: |
| Re: UK Spouse Visa/Appeal Process-part2 by Portsmouth86(f): 6:59pm On May 19, 2016 |
tunderule2016: totally right, and then there is the non Stirling transaction fees applied by banks, because you have to pay in US dollars, i paid an extra 2.75% on top of the fees i paid, be it i paid before the increase but still they need to make it clear of any fees that may or will be applied on the fees you pay. |
| Re: UK Spouse Visa/Appeal Process-part2 by tunderule2016: 7:11pm On May 19, 2016 |
I paid the same... it was outrageous.. You are so right[b] they need to make it clear of any fees that may or will be applied on the fees you pay[/b]. I just try not to think about it and see the other side of the coin which is being with my partner. Portsmouth86: 1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by deept(m): 5:26am On May 20, 2016 |
tunderule2016: Hello Tunde, how is the fee for the priority service paid? via ATM card? |
| Re: UK Spouse Visa/Appeal Process-part2 by tunderule2016: 12:21pm On May 20, 2016 |
Yes ATM card , just add services online then you pay with your card but make sure your limit can allow it. I will suggest you call your bank ask for your online limit transaction and ask how much is exchange rate for dollar and pounds. I heard it has gone up again.. crazy!! deept: |
| Re: UK Spouse Visa/Appeal Process-part2 by deept(m): 12:35pm On May 20, 2016 |
tunderule2016: thank sir.That means it will be paid on the tlscontact website ba? planning on submitting an application next week. The papers wey i don gather ehn!!! |
| Re: UK Spouse Visa/Appeal Process-part2 by tunderule2016: 1:26pm On May 20, 2016 |
LOL gather the documents ... Just make sure they are important ones.. lol. Yes on TLS contact website you will pay for every every. Good luck deept: |
| Re: UK Spouse Visa/Appeal Process-part2 by tunderule2016: 2:30pm On May 20, 2016 |
For the people who cant stand the waiting for the standard route....and want to change to premium... Well here is good news for you , go to this thread and read more https://www.nairaland.com/3117295/application-transfer-standard-route-postal |
| Re: UK Spouse Visa/Appeal Process-part2 by egal22: 2:49pm On May 20, 2016 |
tunderule2016: That moment when you have waited for like 10weeks + and you just got the news of the upgrade Does it mean that the standard route may now take longer than 12weeks? I still have now 3weeks to get at least the decision made over my application. Still waiting for Nky2015 to know if she has gotten a reply from ukvi. She has only a week now left.  |
| Re: UK Spouse Visa/Appeal Process-part2 by tunderule2016: 4:20pm On May 20, 2016 |
I feel you ...i just got notified of this today too... Well i dont see any point in upgrading when you have just 2 weeks left.... please stay positive... there are some few cases where it takes more than 12 weeks .. so I pray noone case will take that longer.. IJN. Lets all stay positive ... egal22: |
| Re: UK Spouse Visa/Appeal Process-part2 by egal22: 5:10am On May 21, 2016 |
tunderule2016:@Tunderule2016....do you know the situation where it takes longer than 12weeks? it seems since March no standard applicants have gotten replies or visa...are they on holidays or just handling only Pr. Applicants? Thanks for the encouragement  Am still keeping it positive.... |
| Re: UK Spouse Visa/Appeal Process-part2 by tunderule2016: 9:34am On May 21, 2016 |
I am happy you are positive, the fact is this people have limited staffs which has been one of their major problems for decades ; the only March ppl i have seen that has received there visa are the priority ones... March applicants will start receiving soon...I know someone who is March 1st and next week will make it 12 weeks. Always watch out for your IHS refund it is another way of knowing you are still in line with good result This ppl are making the most non-priority application get to the 12 weeks mark.... so keep the positive mood and we shall all smile at the end.. I really do not want to discourage you but yes there are situation were it takes longer than 12 weeks and at that point they send this email below, Update: Have officially hit the 60 working days or 12 weeks mark. ---------------------------- Thank you for applying for a UK visa. Your visa application has been received and is under consideration. We aim to process non settlement applications within 15 working days (unless you have opted for the Priority Visa service), and settlement applications within 60 working days. Unfortunately, the processing of your application has not been straightforward and we will be unable to decide your application within our customer service targets. We are continuing to work on your application and aim to make a decision as soon as possible. We will write to you again if there is any change to this. Please do not attend the Visa Application Centre until you have been advised that your application has been decided and that your passport is ready for collection. Kind Regards, Sheffield Visa Section ----------------------- egal22: 1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by egal22: 10:13am On May 21, 2016 |
tunderule2016: 1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by tunderule2016: 10:20am On May 21, 2016 |
You welcome..... stay blessed [quote author=egal22 post=45826865][/quote] 1 Like 1 Share |
| Re: UK Spouse Visa/Appeal Process-part2 by tunderule2016: 2:33pm On May 21, 2016 |
Hey .. any news yet on your application.... airforce91: 1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by nky2015: 8:16pm On May 21, 2016 |
My beloved family,I am still waiting.and I checked today no refund.fingers crossed. By his grace. 1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by tunderule2016: 8:45pm On May 21, 2016 |
Stay positive.... everything will be fine... IJN.. nky2015: 1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by egal22: 8:35am On May 22, 2016 |
nky2015:wish you luck....counting down seriously... Have question for you.... Was your spouse interviewed in Uk? |
| Re: UK Spouse Visa/Appeal Process-part2 by deept(m): 8:47am On May 22, 2016 |
QUick question: I am coming back to Nigeria from the Uk after a visit and bringing everything I need from my sponsor to submit the whole package, is that ok? |
| Re: UK Spouse Visa/Appeal Process-part2 by tunderule2016: 8:49am On May 22, 2016 |
Happy sunday ..... something i have come to realize is that it seems they only ask ppl around the London area to come for interview... I might be wrong though ... but from previous experience and researches; i noticed most interviews has been done by ppl in England (i.e. london). I have not heard someone in wales, or Northern Ireland or scotland say they called them in for interview... Have a lovely and blessed sunday ... Out to church egal22: |
| Re: UK Spouse Visa/Appeal Process-part2 by lashani01: 9:15am On May 22, 2016 |
hello all happy sunday, i just wanted to find out does the 12 week (non priority application) wait start once the application has been submitted online or does it start after the biometric appointment. really confused thanks 1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by egal22: 9:16am On May 22, 2016 |
tunderule2016:Happy sunday and sunday blessings... My spouse is living in london area but has not been called for interview and we are inthe 10th week. Anyway we hope for the best. No refunds yet for us. Happy sunday celebrations everyone |
| Re: UK Spouse Visa/Appeal Process-part2 by egal22: 9:20am On May 22, 2016 |
lashani01:I think its from the date of biometric. Dont be confused. When did you submit? |
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