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UK Spouse Visa/Appeal Process-part2 - Travel (210) - Nairaland

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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 Jennyze: 1:40pm On Oct 24, 2016
NARIC is 150pounds not 55pounds
Re: UK Spouse Visa/Appeal Process-part2 by Jennyze: 1:45pm On Oct 24, 2016
Lexusgs430:


Self Employment - I hope their tax affairs is in order? And they have other relevant prerequisites documentations?

Tax is in order..
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 2:01pm On Oct 24, 2016
Jennyze:


Tax is in order..

If tax is in order, the same rules apply with PAYE. You submit all self assessment details, accounts etc etc etc
Re: UK Spouse Visa/Appeal Process-part2 by Jennyze: 3:10pm On Oct 24, 2016
Batba1:


CONGRATULATIONS!!!

Please how did you pay for priority?
Re: UK Spouse Visa/Appeal Process-part2 by Jennyze: 3:46pm On Oct 24, 2016
MoAbs:
Hi All,

Firstly, I would like to thank everyone on this forum... for the informations and everything....

So I applied for a spouse visa on the 23rd of August 2016.... I asked on this forum if it would be wise to still apply for PRIORITY VISA as I have been denied visas for UK and the US and I was advised not to apply for a PRIORITY VISA.... but I couldn't wait for the 12weeks so I risked it and went ahead to apply for a PRIORITY VISA...........

And I was granted the Spouse visa today.... smiley ...

So if you have £450 extra to risk for a PRIORITY VISA, it might be worth taking a shot.. who knows you might be lucky...

Please find my timeline below

18th August 2016 Application submitted online
22nd August 2016 Paid for Priority online
23rd August 2016 Biometrics done at VAC Ikeja
23rd August 2016 TLS updates to state application has been transferred to UKVI
24th August 2016 supporting docs were posted to Sheffield
24th August 2016 email from UKVI application has been received in Sheffield, UK
25th August 2016 TLS updated Your UK visa application has been received by UK Visas & Immigration
20th September 2016 Email from UKVI, A decision has been made on your UK Visa application
21st September 2016 TLS updated UK Visas & Immigration has now assessed your UK visa application and made a decision
22nd September 2016 Documents returned to sponsor in the UK
23rd September 2016 TLS updated application ready for collection Your passport and any returned supporting documentation have now arrived back at the TLScontact UK and I picked it up on same day... smiley

Thanks a lot

Please how did you pay for priority?

Thanks
Re: UK Spouse Visa/Appeal Process-part2 by Jennyze: 3:53pm On Oct 24, 2016
Lexusgs430:


If tax is in order, the same rules apply with PAYE. You submit all self assessment details, accounts etc etc etc

Ok, thanks
Re: UK Spouse Visa/Appeal Process-part2 by stillwaiting: 8:38pm On Oct 24, 2016
THIS MIGHT BE USEFUL


APL7.1 What is the purpose of an appeal review

The purpose of the appeal review is to consider the grounds of appeal and supporting documents. A review is required for all decisions refused with a full right of appeal (RoA). Those undertaking the review must assess whether the appellant has satisfactorily addressed the reasons for refusal. If the appellant has successfully addressed all the points of refusal the decision should be overturned and a visa issued. If it is found that the appellant has failed to address the reasons for refusal a written statement detailing why, the decision is being upheld must be provided.
2.
APL7.2 Who should conduct the appeal review

All appealed decisions must be reviewed by an independent decision maker and records should be updated.
3.
APL7.3 How should the appeal review be conducted

On receipt of an appeal, the initial decision must be reviewed taking into account the grounds of appeal and any additional supporting documentation. Documents supplied at the time of application should be available for consideration if required. The reviewer must decide to maintain the ECO decision or agree in light of the grounds of appeal.

Where an appellant provides evidence which appears to discharge the burden of proof and satisfactorily addresses the reasons for refusal the decision should be overturned and a visa issued.

If a decision has been taken to overturn the refusal and issue the visa, the appellant must be contacted within 10 working days requesting submission of the passport. Proviso should be updated accordingly. This 10 day time-frame is intended to minimise delays for appellants who have satisfactorily addressed the reasons for refusal.

If a decision has been made to maintain the decision then clear reasons must be provided for this using the appeal review template. Standard paragraphs should not be used when explaining why the decision is to be maintained.

Consideration should be given to whether the documents submitted are relevant to the decision. If the documents are not relevant and do not address the reasons for refusal this should be clearly stated. For example, maintenance and accommodation is not met and on appeal the appellant provides only a birth certificate; this should be recorded as irrelevant within the appeal review statement

Consider whether evidence provided is relevant to the date of decision. If evidence does not relate to circumstances at the date of decision this should be made clear in the review statement

All documents submitted with the initial application and with the appeal are listed in the review statement
4.
APL7.4 What is the standard of proof

The standard of proof is the balance of probabilities. The balance of probabilities simply means on consideration of the evidence that there is more evidence in favour of one decision than the other. When undertaking a review an assessment as to whether it is more likely than not that an appellant has discharged the burden of proof.

For paragraph 320/Suitability decisions where the ECO has evidence that the applicant has used deception, made a false statement or given false information, the standard of proof is ‘to a higher degree of probability’. In order to maintain a paragraph 320/Suitability decision, we need positive evidence that they have used deception or false representations, or that a document that they have submitted is false. Case-law has determined that the more serious the allegation the more convincing the evidence should be.
5.
APL7.5 Post decision evidence

The relevant date in entry clearance cases is the date of refusal. This is established from case law and s. 85(5) of NIAA 2002. Any material change in circumstance or evidence not reasonably foreseeable after the date of refusal should not be taken into account. In practice this means when conducting the review only the circumstances leading up to and including the date of refusal should be considered. The review or immigration judge is entitled to look at circumstances / evidence after the date of decision only if they relate to circumstances before or at the time of decision.

There is a distinction to be made between new evidence and additional evidence.
5.1 New evidence:

New evidence which postdates the decision cannot be considered as part of the appeal review. This evidence should be acknowledged in the review it should indicate that this should be used to support a fresh application.
Examples of new evidence

These are common examples and are not an exhaustive list.
Unexpected increase in funds postdating the decision.
Sponsor obtains new employment that was not engaged in / expected at the date of decision.
A new sponsor appears in the grounds of appeal. This is not reasonably foreseeable.
5.2 Additional evidence:

If evidence relating to the initial application is submitted with the appeal this should be taken into account at the appeal review. The most common instances of additional evidence will be documents that the appellant omitted to include with the application.
Examples of additional evidence

These are common examples and are not an exhaustive list.
A bank statement issued after the date of decision that shows a satisfactory balance on or leading up to the date of decision
Satisfactory evidence of accommodation submitted by the sponsor relevant to the decision
Evidence of employment at the date of decision which was omitted from the original application
A birth certificate evidencing the relationship of parties which was not produced at the time of decision

Source: Appeal review: APL07 – GOV.UK

Updated Home Office policy on reviewing cases when appeals are lodged:


UK Visas and Immigration guidance for how it considers the grounds for appeal and supporting documents of an application.

'Call me a cynic, but I have never ever seen any evidence that ECOs or the Home Office seriously reconsider a decision when an appeal is lodged. A very polite request for reconsideration can sometimes get results if strong, but just lodging the appeal never seems to lead to reconsideration. If anyone has experience to the contrary, do leave a comment.

UPDATE: Interestingly, a few people have been in touch to say they have found some decisions getting overturned when appeals are lodged.'
COPIED FROM: FREE MOVEMENT
Re: UK Spouse Visa/Appeal Process-part2 by Nikesteve: 4:24pm On Oct 25, 2016
Thanks to everyone on this site .....am so happy to have you

Here is my timeline
Online application submission-28th July 2016
Biometric appt-1th oct 2016
Document recieved -4th Oct 2016
17th of October application still under consideration
Document sent back-22 October 2016
Decision made-20 October 2016
Documents ready for collection 24 October 2016
I collected visa today 25 October 2016
Visa was issued on 18 Nov 2016 so I still need to wait till Nov 18 before I can travel to uk
Re: UK Spouse Visa/Appeal Process-part2 by wallg123: 4:38pm On Oct 25, 2016
Congratulations and safe journey.......
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 8:05pm On Oct 25, 2016
Nikesteve:
Thanks to everyone on this site .....am so happy to have you

Here is my timeline
Online application submission-28th July 2016
Biometric appt-1th oct 2016
Document recieved -4th Oct 2016
17th of October application still under consideration
Document sent back-22 October 2016
Decision made-20 October 2016
Documents ready for collection 24 October 2016
I collected visa today 25 October 2016
Visa was issued on 18 Nov 2016 so I still need to wait till Nov 18 before I can travel to uk


Congratulations is surely in order.
I remember we meet on a hot note, you hated my utterances (but later understood).
NB: We would be expecting the package you promised us.
Why are they issuing post dated visa's ? Have you requested an answer or you are happy with the issue ? I trust your bags are now fully packed and you are now saying your goodbye's. I hear its getting cold now (travel with a warm jacket or jumper)...................
Re: UK Spouse Visa/Appeal Process-part2 by Nikesteve: 8:28pm On Oct 25, 2016
I don't really know why they issue me post date visais that a bad thing ??
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 9:03pm On Oct 25, 2016
Nikesteve:
I don't really know why they issue me post date visais that a bad thing ??

Not a bad thing if you have no immediate travelling planning urgency(the hug,kisses and mmmm, are put on hold ) datsall........
NB : No mention about our package ?
Re: UK Spouse Visa/Appeal Process-part2 by Nikesteve: 9:47pm On Oct 25, 2016
Tell me what you want ?
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 10:23pm On Oct 25, 2016
Nikesteve:
Tell me what you want ?

Not only me o. All of us on this thread. We go form quorum, and get back to you.
Re: UK Spouse Visa/Appeal Process-part2 by Nikesteve: 7:33am On Oct 26, 2016
Good morning to you all ...please how did you people book your flight from Nigeria.....
Re: UK Spouse Visa/Appeal Process-part2 by anyichi16: 8:42am On Oct 26, 2016
[quote author=Nikesteve post=50501032]Thanks to everyone on this site .....am so happy to have you

Here is my timeline
Online application submission-28th July 2016
Biometric appt-1th oct 2016
Document recieved -4th Oct 2016
17th of October application still under consideration
Document sent back-22 October 2016
Decision made-20 October 2016
Documents ready for collection 24 October 2016
I collected visa today 25 October 2016
Visa was issued on 18 Nov 2016 so I still need to wait till Nov 18 before I can travel to uk

How many months visa were you granted?
Did they ask you to do another biometrics in the UK?
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 9:04am On Oct 26, 2016
Nikesteve:
Good morning to you all ...please how did you people book your flight from Nigeria.....

Tell husband to book it for you
Re: UK Spouse Visa/Appeal Process-part2 by deept(m): 9:09am On Oct 26, 2016
Nikesteve:
I don't really know why they issue me post date visais that a bad thing ??

What did you put on your application form as date you want to travel. Same happened with mine they have me a date closer to intended travel date. Better post dated than no dated

Congratulations
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 9:11am On Oct 26, 2016
deept:


What did you put on your application form as date you want to travel. Same happened with mine they have me a date closer to intended travel date. Better post dated than no dated

Congratulations

Not dated is good. Open sesame........
Re: UK Spouse Visa/Appeal Process-part2 by deept(m): 9:13am On Oct 26, 2016
Lexusgs430:


Not dated is good. Open sesame........

Oga Lexus, when are we coming to pick you up at Heathrow?
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 10:16am On Oct 26, 2016
deept:


Oga Lexus, when are we coming to pick you up at Heathrow?

Why not LGW or LCY? LOL
Re: UK Spouse Visa/Appeal Process-part2 by oladunni4real: 11:43am On Oct 26, 2016
hello all,
To meet up with financial requirement for a non salaried employment, extra hours or bonuses are counted as income from employment.

(i) how will the extra hours be calculated? will it be done the same way it was showed in the example from the appendix FM for a commission based pay? (see 5.5.9)
(ii) If so, if the hours worked and extra hours aren't separated on the sponsors payslip, will that be a problem in the calculation?
(iii) Extra hours aren't stated on the sponsors employee letter, if he gets a separate letter to that effect, is that fine? and if he doesn't is it still fine?
Re: UK Spouse Visa/Appeal Process-part2 by toksys: 12:42pm On Oct 26, 2016
thanks for your reply lexusgs i appreciate.

please all my credentials are laminated mine and that of my wife including our marriage certificate.do i go ahead and submit it someone told me they dont collect laminated credentials please your sincere advice will be appreciated
and how much is the English language test

thank you
Re: UK Spouse Visa/Appeal Process-part2 by toksys: 2:05pm On Oct 26, 2016
please all my credentials are laminated mine and that of my wife including our marriage certificate.do i go ahead and submit it someone told me they dont collect laminated credentials please your sincere advice will be appreciated
and how much is the English language test

thank you
Re: UK Spouse Visa/Appeal Process-part2 by toksys: 2:08pm On Oct 26, 2016
please can anyone be of help here please and if you have once submitted laminated credentials for spousal visa will like to know how you did it and what is your advice as to that . all my credentials are laminated mine and that of my wife including our marriage certificate.do i go ahead and submit it someone told me they dont collect laminated credentials please your sincere advice will be appreciated
and how much is the English language test

thank you
Re: UK Spouse Visa/Appeal Process-part2 by Nikesteve: 2:28pm On Oct 26, 2016
I was issued 33month visa ...
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 2:58pm On Oct 26, 2016
toksys:
please can anyone be of help here please and if you have once submitted laminated credentials for spousal visa will like to know how you did it and what is your advice as to that . all my credentials are laminated mine and that of my wife including our marriage certificate.do i go ahead and submit it someone told me they dont collect laminated credentials please your sincere advice will be appreciated
and how much is the English language test

thank you
Laminated documents

This policy confirms that Laminated Documents should not be accepted in
support of a passport application (see two exceptions below).
IPS regional offices have a very small percentage of applications supported
by laminated documents. Documents that are laminated are usually birth
certificates, marriage certificates and naturalisation/registration certificates.
IPS examiners cannot be sure that the laminated documents submitted with
an application are genuine

Major concerns regarding laminated documents are that watermarks cannot
be easily distinguished, nor can the quality of the paper be felt, and with
naturalisation/registration certificate the security features such as the heat
reactive number cannot be utilised.
Laminated documents must not be accepted in support of passport
applications, unless in cases covered by the exceptions shown below.
Examiners must request unlaminated versions of the documents submitted.
If a laminated change of name deed or a laminated marriage certificate has
been produced in support of a passport application for change of name
evidence only, then examiners can accept the laminated document.


I think English test is approximately £50.00
Re: UK Spouse Visa/Appeal Process-part2 by Jennyze: 5:53pm On Oct 26, 2016
Nikesteve:
Thanks to everyone on this site .....am so happy to have you

Here is my timeline
Online application submission-28th July 2016
Biometric appt-1th oct 2016
Document recieved -4th Oct 2016
17th of October application still under consideration
Document sent back-22 October 2016
Decision made-20 October 2016
Documents ready for collection 24 October 2016
I collected visa today 25 October 2016
Visa was issued on 18 Nov 2016 so I still need to wait till Nov 18 before I can travel to uk

Did you use priority?
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 6:36pm On Oct 26, 2016
Jennyze:


Did you use priority?

No she did not
Re: UK Spouse Visa/Appeal Process-part2 by oladunni4real: 6:42pm On Oct 26, 2016
please can some1 answer these questions? its urgent please.

hello all,
To meet up with financial requirement for a non salaried employment, extra hours or bonuses are counted as income from employment.

(i) how will the extra hours be calculated? will it be done the same way it was showed in the example from the appendix FM for a commission based pay? (see 5.5.9)
(ii) If so, if the hours worked and extra hours aren't separated on the sponsors payslip, will that be a problem in the calculation?
(iii) Extra hours aren't stated on the sponsors employee letter, if he gets a separate letter to that effect, is that fine? and if he doesn't is it still fine?
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 7:08pm On Oct 26, 2016
oladunni4real:
please can some1 answer these questions? its urgent please.

hello all,
To meet up with financial requirement for a non salaried employment, extra hours or bonuses are counted as income from employment.

(i) how will the extra hours be calculated? will it be done the same way it was showed in the example from the appendix FM for a commission based pay? (see 5.5.9)
(ii) If so, if the hours worked and extra hours aren't separated on the sponsors payslip, will that be a problem in the calculation?
(iii) Extra hours aren't stated on the sponsors employee letter, if he gets a separate letter to that effect, is that fine? and if he doesn't is it still fine?

Is he on zero hours contract? Does he have a contract of employment, stipulating wages and contracted hours of work?
Re: UK Spouse Visa/Appeal Process-part2 by oladunni4real: 7:31pm On Oct 26, 2016
(i)No, he is not on a zero contract
(ii) He has a letter that stipulates the wages and contracted hours worked. the letter doesn't have the extra hrs worked but that are willing to give him a separate letter that states he can work extra hrs.
(iii) does that mean his extra hrs will not count towards the financial requirement because he is not on zero contract?

(1) (2) (3) ... (207) (208) (209) (210) (211) (212) (213) ... (511) (Reply)

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