UK Spouse Visa/Appeal Process-part2 - Travel (222) - Nairaland
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| Re: UK Spouse Visa/Appeal Process-part2 by Foreveryours201: 10:35pm On Nov 07, 2016 |
justwise: Ok. So do we appeal on EEA decision or Human Rights decision? these are the two options given on the appeal form. With regards to Hubby's English language requirement, are we able to submit the degree cert again with letter from the University plus a certificate from NARIC? As per my utility bills, council tax statement etc. Can I argue that it was submitted originally with the application but obviously not seen by the ECO and then add a letter from my tenancy manager? Regarding documents regarding my stated income, what do you advise here? re submit again with the appeals form and then get another updated letter from my employer reiterating the information in the original documents submitted, plus confirming my salary again? |
| Re: UK Spouse Visa/Appeal Process-part2 by wallg123: 10:45pm On Nov 07, 2016 |
Lexusgs430:lol @ Oga Lexus570...I've been busy distributing all the stuffs I used while in Nigeria cuz am off for @ least 5 yrs .... Sorry to hear about your mums I'll health and application refusal ..... I'd plead with you to adhere to good advice from people in this forum ... I'm a living testimony..... Fill in the appeal form properly, addressing every issue raised in the refusal ..... If you claim to meeting all the requirements, then I don't see why you won't either get an overturn or win @ the tribunal... " Did I hear you say you are pregnant "? If that's the case you are favoured.... My case was complicated... take time to read thorough my case..... There is hope for you through the appeal. .. The only low side to appeal is that its a long process and it might cost you alot if you using a lawyer . ... but I'm sure you will definitely overcome.. |
| Re: UK Spouse Visa/Appeal Process-part2 by Benz101: 10:45pm On Nov 07, 2016 |
@justwise and @foreveryour201, from what i read about the english language requirement, if using degree to meet the english language requirement, one has to have it assessed through NARIC. providing just the certificate and letter of proficiency in english is not enough. You need to submit the NARIC assessment, degree certificate and the english language proficiency letter. https://www.gov.uk/english-language/degrees-in-english |
| Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 10:50pm On Nov 07, 2016 |
Foreveryours201: 1. Will you be able to screenshot the appeal option section of refusal letter and paste it here? 2. Yes submit his degree cert with letter from the university plus NARIC certificate. 3. Yes you can definitely argue that and resubmit those documents again but this time around you need to submit actual tenancy agreement paper and not just a letter from your tenancy manage alone 4. Submit all your payslips (at least 6 months of it) and your salary account the letter from your employer. Do you have your employment letter with annual salary stated on it? |
| Re: UK Spouse Visa/Appeal Process-part2 by Caribbeanwify28: 10:55pm On Nov 07, 2016 |
| Re: UK Spouse Visa/Appeal Process-part2 by Foreveryours201: 10:57pm On Nov 07, 2016 |
wallg123: Trust me, I know for a fact I meet the requirements and I believed I was pretty meticulous regarding submitting my supporting documents. I can't get over the fact that they said they are not sure my income is not as stated, even after all the financial evidence provided along with it reflecting in my bank statements. If I appeal, am I allowed to submit new documentation such as the NARIC certificate for hubby's qualification; a letter from my tenancy manager and also another letter from my employer confirming the information in the previous letter that they had given which backs up my payslips, p60 and bank statement. I mentioned in the application that I am pregnant and provided medical evidence to this effect but they didn't refer to it. where can I read about your case? |
| Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 11:01pm On Nov 07, 2016 |
Foreveryours201: - Appeal under EEA directive - Would send you a citation. The Decision of Amirteymour and others (EEA appeals; human rights) The Upper Tribunal recently released an important decision which discussed whether human rights grounds can be argued in EEA rights of residence appeals. The case concerned four individuals who had all been refused applications for EEA resident cards as a primary care giver of a British Citizen child or EEA nationals and their dependents. One of the appellants, a Mother and child, both citizens of Gambia, had their resident cards that confirmed their right of residence as the spouse and dependant of an EEA national who had been exercising Treaty Rights revoked. The Respondent then refused to issue them with residence documents confirming their retained rights of residence as the former spouse and child of an EEA national who had been exercising Treaty Rights in the UK. In the refusal letters sent by the Respondents, the Appellants were not expressly asked to leave the country. The most common ground to challenge a decision for removal is under Article 8 of the European Convention on Human Rights. This Article states: Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. However, the decision of Amirteymour and others (EEA appeals; human rights) states in the official headnote: “Where no notice under section 120 of the 2002 Act has been served and where no EEA decision to remove has been made, an appellant cannot bring a Human Rights challenge to removal in an appeal under the EEA Regulations. Neither the factual matrix nor the reasoning in JM (Liberia) [2006] EWCA Civ 1402 (link is external) has any application to appeals of this nature.” Ultimately, The Home Office and Upper Tribunal were agreed that human rights must be separated from EEA and other grounds of appeal unless the correct immigration applications have been submitted before the matter reaches appeal. However, EEA appeals and human rights grounds interlink considerably and it is extremely difficult to separate them. For example, under Section 55 of the Borders, Citizenship and Immigration Act 2009 the Home Office has a duty to consider the best interest of children in every one of its cases. Therefore, a decision or refuse a resident card which would result in the break-up of a family unit surely must engage the principles of Article 8 with respect to the right to family life. The Current Law Regarding EEA Appeals and Human Rights Although the decision in Amirteymour and others (EEA appeals; human rights) is likely to be overturned on appeal, at the moment it is the authority on the matter of EEA appeals and human rights. However, clients should be aware that by organising a well-prepared EEA appeal that also raising human rights grounds, a great deal of money and time can be saved in the long run should a subsequent stand alone Human Right application be made at a later date. 1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by wallg123: 11:01pm On Nov 07, 2016 |
anyichi16: @anyichi16 everything seems to be in order .... are there receipts or history for money sent to Nigeria ..... ? I think you are good to go ?... @lexus@ justwise pls advice ... |
| Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 11:02pm On Nov 07, 2016 |
Benz101: Is that a new rule? If yes please give me the link |
| Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 11:06pm On Nov 07, 2016 |
Foreveryours201: - Get his qualifications evaluated by NARIC or simply do the English test (whichever you feel is more convenient) - Keep the present utility bills (you might need to resubmit new ones) during the appeal process. Submit both versions - A letter from your housing manager, would help your appeal or reapplication - Submit your employment details and get updated versions closer to appeal or reapplication |
| Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 11:08pm On Nov 07, 2016 |
Foreveryours201: You are allowed to add as many documents as you can to support your appeal |
| Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 11:10pm On Nov 07, 2016 |
Foreveryours201: Type his username in the search section and read all his posts |
| Re: UK Spouse Visa/Appeal Process-part2 by wallg123: 11:12pm On Nov 07, 2016 |
I mentioned in the application that I am pregnant and provided medical evidence to this effect but they didn't refer to it. where can I read about your case?[/quote] My wife was also pregnant when she submitted my application with evidence of her maternity details but they ignored it.... but after the birth of my child we sent them copies of her birth certificate and British passport couple with evidence for new mortgage my wife secured for our little family . .... although we had her family house which we used for the application.... my point is that you can send in more evidence as things unfold ( childbirth).... What do I know ? .... let my bosses highlight on this plz |
| Re: UK Spouse Visa/Appeal Process-part2 by Foreveryours201: 11:18pm On Nov 07, 2016 |
justwise: Yes I have my employment letter with annual salary and separate letter from my employer (finance department) who printed my payslips and signed, dated and stamped them.
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| Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 11:23pm On Nov 07, 2016 |
anyichi16: It all looks good, but you have already submitted. Did you submit priority or normal ? Did you label all this packages individually ? ie chat logs, travel tickets etc etc etc |
| Re: UK Spouse Visa/Appeal Process-part2 by Benz101: 11:24pm On Nov 07, 2016 |
@anyichi16 It all look spot on. I will suggest you take off your Nigeria degree certificate. Your U.K. Certificate is more than enough. |
| Re: UK Spouse Visa/Appeal Process-part2 by Benz101: 11:25pm On Nov 07, 2016 |
@justwise pls see the link below my post. |
| Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 11:27pm On Nov 07, 2016 |
Foreveryours201: Ok go for box 1 on human right ground. Add your employment letter, payslips, salary account and letter from your employer. |
| Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 11:33pm On Nov 07, 2016 |
Benz101: It doesn't have to be assessed by NARIC it's just one of the options. Bytheway NARIC recognises Nigeria degree certificate which is why one can do masters here with Nigeria degree
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| Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 11:34pm On Nov 07, 2016 |
Part of the legislation to decide EEA or HR -: Human rights application where the person has immigration leave Human Rights claims where the person has immigration leave and is seeking leave of a different duration (an ’upgrade’ application). This page tells you about whether a human rights claim has been made where the applicant has extant immigration leave and is seeking leave of a different duration (an upgrade application) When considering an application for leave to remain you must first identify whether or not a human rights claim has been made. The section What is a human rights claim ? sets out which applications made under the Immigration Rules are human rights claims and gives guidance on how to identify human rights claims that have been made outside the Immigration Rules. Where an applicant has made a human rights claim which is refused, they have a right of appeal (subject to certification). However where an applicant has extant immigration leave then whether they have made a human rights claim will depend upon: • the basis of the grant of their extant immigration leave • the basis on which they are seeking leave of a different duration Immigration leave: human rights or non human rights? It is important that you establish whether leave has been granted on a human rights or a non human rights basis as this may affect whether the current application is a human rights claim. Where a person has extant leave on a human rights basis and is seeking leave to remain of a different duration on the basis that the grant of limited leave is itself a breach of their human rights that application is not a human rights claim. The rationale for this is that the second application (for example, for indefinite leave to remain) is, in reality, an ‘upgrade’ application rather than a ‘human rights claim’. The applicant is merely seeking a more generous form of leave that that which he or she has already been granted. The refusal of an application seeking a more generous form of immigration leave does not constitute the refusal of a human rights claim. That claim has been recognised and leave granted. The avenue for challenging a refusal of an upgrade application is judicial review. For example where an applicant has leave to remain as a partner and makes an application for indefinite leave to remain which is refused there is no right of appeal against that refusal. On the same basis where an applicant had been granted leave as a partner under the 10 year route and made an application stating that they should have been granted leave under the 5 year route a refusal to upgrade would not carry a right of appeal. 17 In both these examples, provided the applicant has extant leave and is challenging the refusal to upgrade rather than seeking an extension of their current leave, the refusal of the application will not be human rights claim and will not carry a right of appeal. Where an applicant is seeking an extension of their current human rights based leave because it is due to expire that is a human rights claim and there would be a right of appeal against the refusal of that application. New human rights claims There will be applicants who have immigration leave on human rights grounds, who make a new and different human rights claim which if refused will have a right of appeal. For example, where the applicant has extant leave as a partner, which they no longer qualify for, and seeks variation of that leave on the basis that they are the parent of a child that constitutes a new human rights claim. The refusal of such a claim will give rise to a right of appeal. Where the applicant has extant immigration leave on a non human rights basis and is seeking to vary that leave on a human rights basis that will be normally be a human rights claim and they will have a right of appeal from any refusal of that claim. The section what is a human right claim gives guidance on this. An example of this would be where the applicant has extant immigration leave as a student and makes an application for leave to remain as a partner which is refused. The applicant would have a right of appeal against that refusal as it has not been accepted that they have a right to remain on human rights grounds. At the end of their student leave they will be required to leave the UK and be removable and their argument is that that removal will be unlawful under the Human Rights Act 1998. 1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by Abbylove: 11:35pm On Nov 07, 2016 |
Wow! That was quick. I dont want to Jinx it but av got a very positive vibe about this!!! I pray we can celebrate with you soon!!!! Fingers crossed on your behalf Caribbeanwify28: |
| Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 11:39pm On Nov 07, 2016 |
European decisions This page tells you about rights of appeal for European decisions. Under section 109 of the 2002 Act, regulations can be made to provide for an appeal against an EEA decision. The Immigration Act 2014 makes no specific provision for appeals against EEA decisions. An EEA decision made before 6 April 2015 is governed by the (EEA regulations pre- 6/4/15). An EEA decision made on or after 6 April 2015 will be governed by the revised EEA regulations. The EEA regulations have been amended to reflect the legal position as set out in the Immigration Act 2014 for asylum, protection and human rights claims. Right of appeal A person served with an EEA decision may appeal against that decision to the First Tier Tribunal. Under regulation 26 of the Immigration (European Economic Area) Regulations 2006 (‘The EEA Regulations’) there is a right of appeal where a European Economic Area (EEA) decision has been made. An EEA decision means a decision under these Regulations that concerns: • a person’s entitlement to be admitted to the UK • a person’s entitlement to be issued with or have renewed, or not have revoked, a registration certificate, residence card, derivative residence card, document certifying permanent residence or permanent residence card • a person’s removal from the UK • the cancellation pursuant to regulation 20A, of a person’s right to reside in the UK But an EEA decision does not include decisions under regulations 24AA (nonsuspensive appeal certifications) or 29AA (readmission to admit case in person following non-suspensive removal). The EEA Regulations state that someone who may bring an appeal under those Regulations may also bring a separate appeal under section 82 of the 2002 Act (as amended), for example against the refusal of an asylum or human rights claim, provided they meet the relevant criteria, which now requires them to have made a claim which has been refused. Regulation 24AA contains a certification power which sets out circumstances in which a person liable to deportation may be removed from the UK before the conclusion of the appeal process. |
| Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 11:41pm On Nov 07, 2016 |
Abbylove: We are already celebrating ................ 1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by Foreveryours201: 11:41pm On Nov 07, 2016 |
justwise: OK. for that box it says which article under the human rights act am I appealing ... sorry to appear dense.. but what on earth does that mean? |
| Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 11:44pm On Nov 07, 2016 |
Foreveryours201: Right to family life is under human rights. There are many aspects of that but in your case it's right to family life. |
| Re: UK Spouse Visa/Appeal Process-part2 by Caribbeanwify28: 11:45pm On Nov 07, 2016 |
thanks @Abbylove I pray I will be celebrating soon as well. Will keep you guys posted.  Abbylove: 1 Like |
| Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 11:52pm On Nov 07, 2016 |
justwise: However, EEA appeals and human rights grounds interlink considerably and it is extremely difficult to separate them. For example, under Section 55 of the Borders, Citizenship and Immigration Act 2009 the Home Office has a duty to consider the best interest of children in every one of its cases. Therefore, a decision or refuse a resident card which would result in the break-up of a family unit surely must engage the principles of Article 8 with respect to the right to family life. An extract from the legislation |
| Re: UK Spouse Visa/Appeal Process-part2 by Foreveryours201: 11:52pm On Nov 07, 2016 |
justwise: OK. Will get on that. do you think adding my mum's diagnosis will do any harm/favours? I submitted it with the original application but sincerely I don't know how long she has left. |
| Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 11:53pm On Nov 07, 2016 |
wallg123: Oga, What did you appeal under, EEA or Human Rights ? |
| Re: UK Spouse Visa/Appeal Process-part2 by Foreveryours201: 11:55pm On Nov 07, 2016 |
Lexusgs430: So me being pregnant should fall under this? Or help my case? |
| Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 11:57pm On Nov 07, 2016 |
Foreveryours201: Would not want to dispute what justwise has stated, but having a joint up thinking approach. And hopefully wallg123, would still have a copy of his appeal form. And can shed more light. |
| Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 11:57pm On Nov 07, 2016 |
Foreveryours201: Feel free to throw anything at them..that's all I can say. |
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