Foreveryours201:


So me being pregnant should fall under this? Or help my case?

tunderule2016 - Come and mark your register o . I hear its cold and freezing now, no allow brain- freeze block you from assisting our damsel in distress.......

Lexusgs430:


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

As a British citizen her human right to family life will be more fitted in this case than EEA

justwise:


As a British citizen her human right to family life will be more fitted in this case than EEA

I agree either can be used, but the weight of evidence dictates -
This is the EEA regulation on appeal - :


27. Out of country appeals
Appeal rights
26. (1) Subject to the following paragraphs of this regulation, a person may appeal under these Regulations against an EEA decision.
(2) If a person claims to be an EEA national, he may not appeal under these Regulations unless he produces a valid national identity card or passport issued by an EEA State.
(2A) If a person claims to be in a durable relationship with an EEA national he may not appeal under these Regulations unless he produces—
(a)a passport; and
(b)sufficient evidence to satisfy the Secretary of State that he is in a relationship with that EEA national.
(3) If a person to whom paragraph (2) does not apply claims to be a family member who has retained the right of residence or the family member or relative of an EEA national he may not appeal under these Regulations unless he produces—
(a)a passport; and
(b)either—
(i)an EEA family permit;
(ia)a qualifying EEA State residence card;
(ii)proof that he is the family member or relative of an EEA national; or
(iii)in the case of a person claiming to be a family member who has retained the right of residence, proof that he was a family member of the relevant person.
(3A) If a person claims to be a person with a derivative right of entry or residence he may not appeal under these Regulations unless he produces a valid national identity card issued by an EEA State or a passport, and either—
(a)an EEA family permit; or
(b)proof that—
(i)where the person claims to have a derivative right of entry or residence as a result of regulation 15A(2), he is a direct relative or guardian of an EEA national who is under the age of 18;
(ii)where the person claims to have a derivative right of entry or residence as a result of regulation 15A(3), he is the child of an EEA national;
(iii)where the person claims to have a derivative right of entry or residence as a result of regulation 15A(4), he is a direct relative or guardian of the child of an EEA national;
(iv)where the person claims to have a derivative right of entry or residence as a result of regulation 15A(5), he is under the age of 18 and is a dependant of a person satisfying the criteria in (i) or (iii);
(v)where the person claims to have a derivative right of entry or residence as a result of regulation 15A(4A), he is a direct relative or guardian of a British citizen.
(4) A person may not bring an appeal under these Regulations on a ground certified under paragraph (5) or rely on such a ground in an appeal brought under these Regulations.
(5) The Secretary of State or an immigration officer may certify a ground for the purposes of paragraph (4) if it has been considered in a previous appeal brought under these Regulations or under section 82(1) of the 2002 Act(23).
(6) Except where an appeal lies to the Commission, an appeal under these Regulations lies to the First-tier Tribunal.
(7) The provisions of or made under the 2002 Act referred to in Schedule 1 shall have effect for the purposes of an appeal under these Regulations to the First-tier Tribunal in accordance with that Schedule.
( For the avoidance of doubt, nothing in this Part prevents a person who enjoys a right of appeal under this regulation from appealing to the First-tier Tribunal under section 82(1) of the 2002 Act (right of appeal to the Tribunal), or, where relevant, to the Commission pursuant to section 2 of the Special Immigration Appeals Act 1997 (jurisdiction of the Commission: appeals), provided the criteria for bringing such an appeal under those Acts are met.

Lexusgs430:

Oga, What did you appeal under, EEA or Human Rights ?

Human right sir

Lexusgs430:


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.

I'd surely forward u a copy of my appeal statement if it would be helpful.....

Foreveryours201:


So me being pregnant should fall under this? Or help my case?

Wallg123, is the latest appellant. And he appealed under Human Right. So go with the HR as justwise initially suggested. The law is so ambiguous

Thanks Wallg123

wallg123:


I'd surely forward u a copy of my appeal statement if it would be helpful.....

Not necessarily (not unless our damsel wants it).

Foreveryours201:


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?

Lexusgs430:

Oga, What did you appeal under, EEA or Human Rights ?
Human right sir - Reply from Wallg123

@luxus430 are you on night shift or u are awake counting our looted funds in swiss accounts ?

wallg123:
@luxus430 are you on night shift or u are awake counting our looted funds in swiss accounts ?

Still waiting endlessly for the Jeep you promised me

Foreveryours201:


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?

Foreveryours, to be honest, I don't think it matters which grounds you want to appeal on. They make it sound like those are the only grounds of appeal by keeping it vague.
When we appealed my wife's decision, I didn't even refer to any of those options. I just stated in the covering letter that I want to add some more supporting documents to address the ECO concerns referred to in the refusal letter. We also had the same issue of the ECO not seeing my wages on the bank statements (are they blind!) so I just used a highlighter and then attached the relevant payslips to the corresponding bank statements. 5 months later, their lawyer wrote her to say due to the additional information provided that they have overturned the ECO's decision.

We paid just £80 for the appeal, can't believe it's almost £500 now. I think they want to discourage appeals but it's still your best bet but the waiting is a killer (6 months for us). You also have the flexibility of appealing a refused appeal without having to pay again.
Like you said, another ECO can use another flimsy excuse to deny a fresh application meaning you're out double as they've now also raised the application fees.
I think you have a strong case.

Uchman365:


Foreveryours, to be honest, I don't think it matters which grounds you want to appeal on. They make it sound like those are the only grounds of appeal by keeping it vague.
When we appealed my wife's decision, I didn't even refer to any of those options. I just stated in the covering letter that I want to add some more supporting documents to address the ECO concerns referred to in the refusal letter. We also had the same issue of the ECO not seeing my wages on the bank statements (are they blind!) so I just used a highlighter and then attached the relevant payslips to the corresponding bank statements. 5 months later, their lawyer wrote her to say due to the additional information provided that they have overturned the ECO's decision.

We paid just £80 for the appeal, can't believe it's almost £500 now. I think they want to discourage appeals but it's still your best bet but the waiting is a killer (6 months for us). You also have the flexibility of appealing a refused appeal without having to pay again.
Like you said, another ECO can use another flimsy excuse to deny a fresh application meaning you're out double as they've now also raised the application fees.
I think you have a strong case.

I knew our people would come to her aid

Uchman365:


Foreveryours, to be honest, I don't think it matters which grounds you want to appeal on. They make it sound like those are the only grounds of appeal by keeping it vague.
When we appealed my wife's decision, I didn't even refer to any of those options. I just stated in the covering letter that I want to add some more supporting documents to address the ECO concerns referred to in the refusal letter. We also had the same issue of the ECO not seeing my wages on the bank statements (are they blind!) so I just used a highlighter and then attached the relevant payslips to the corresponding bank statements. 5 months later, their lawyer wrote her to say due to the additional information provided that they have overturned the ECO's decision.

We paid just £80 for the appeal, can't believe it's almost £500 now. I think they want to discourage appeals but it's still your best bet but the waiting is a killer (6 months for us). You also have the flexibility of appealing a refused appeal without having to pay again.
Like you said, another ECO can use another flimsy excuse to deny a fresh application meaning you're out double as they've now also raised the application fees.
I think you have a strong case.

Still waiting for my share of the money saved, buying that ticket for madam (no talk say she don spend all o)...

Lexusgs430:


Still waiting for my share of the money saved, buying that ticket for madam (no talk say she don spend all o)...

Madam don chop am finish now lol

Lexusgs430:


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

1. I submitted normal
2. Yes, they were clearly labelled

@justwise, the second option is not applicable to degrees taught in Nigeria as Nigeria is not recognized as an English speaking country under the UKBA.

wallg123:


I'd surely forward u a copy of my appeal statement if it would be helpful.....

Morning. thanks for that.

How long did your appeal take? And I would sincerely appreciate a copy of your appeal statement if you don't mind.

Uchman365:


Foreveryours, to be honest, I don't think it matters which grounds you want to appeal on. They make it sound like those are the only grounds of appeal by keeping it vague.
When we appealed my wife's decision, I didn't even refer to any of those options. I just stated in the covering letter that I want to add some more supporting documents to address the ECO concerns referred to in the refusal letter. We also had the same issue of the ECO not seeing my wages on the bank statements (are they blind!) so I just used a highlighter and then attached the relevant payslips to the corresponding bank statements. 5 months later, their lawyer wrote her to say due to the additional information provided that they have overturned the ECO's decision.

We paid just £80 for the appeal, can't believe it's almost £500 now. I think they want to discourage appeals but it's still your best bet but the waiting is a killer (6 months for us). You also have the flexibility of appealing a refused appeal without having to pay again.
Like you said, another ECO can use another flimsy excuse to deny a fresh application meaning you're out double as they've now also raised the application fees.
I think you have a strong case.

Morning and thanks for your information. Yes it went up just some weeks back.

Would you mind perhaps helping me with some good points I could make in my appeal statement.

Foreveryours201:


Morning and thanks for your information. Yes it went up just some weeks back.

Would you mind perhaps helping me with some good points I could make in my appeal statement.

A couple of months ago, a lady on this thread was also caught in this appeal predicament.
She did the appeal herself and cited a couple of case laws, that were relevant to her situation. Cannot remember who (you might have to read a lot of pages back).

Lexusgs430:


A couple of months ago, a lady on this thread was also caught in this appeal predicament.
She did the appeal herself and cited a couple of case laws, that were relevant to her situation. Cannot remember who (you might have to read a lot of pages back).

I'm sure by the end of all this I will be a bonified lawyer. Lol

So this morning I went to pick up my documents from the postal sorting office that they returned to me. GUESS WHAT? The utility bills and council tax bill they claimed not to have received were there!!! I sectioned everything neatly and even indexed it all. It has returned to me as though it has not even been taken apart.

Foreveryours201:


I'm sure by the end of all this I will be a bonified lawyer. Lol

So this morning I went to pick up my documents from the postal sorting office that they returned to me. GUESS WHAT? The utility bills and council tax bill they claimed not to have received were there!!! I sectioned everything neatly and even indexed it all. It has returned to me as though it has not even been taken apart.

Take a clear picture of pack, indexing all (and include in appeal)

Lexusgs430:


Take a clear picture of pack, indexing all (and include in appeal)

Yes I will be doing that. I also took a look at Wallg's case that he posted. Yes it was quite complicated and from my calculation it was almost a year. WOW.

They haven't refunded my healthcare surcharge yet....

I do believe my case is straight forward but they don't care so it could still take time. My employer is writing another letter today confirming the true representative of the previous documents. she will also print off, stamp and sign in addition payslips from the payroll/finance system since we submitted the initial application (which will make another 3 payslips confirming gross annual salary)

I contacted NARIC, they said it would take 10 working days to process statement/certificate, however, they need the transcript to do this and hubby's University are saying to get the transcript will take 10 working days too. Which will be about 20 days in total.. Am I able to explain this in the appeal form and send the statement/certificate once received?

Foreveryours201:


Yes I will be doing that. I also took a look at Wallg's case that he posted. Yes it was quite complicated and from my calculation it was almost a year. WOW.

They haven't refunded my healthcare surcharge yet....

I do believe my case is straight forward but they don't care so it could still take time. My employer is writing another letter today confirming the true representative of the previous documents. she will also print off, stamp and sign in addition payslips from the payroll/finance system since we submitted the initial application (which will make another 3 payslips confirming gross annual salary)

I contacted NARIC, they said it would take 10 working days to process statement/certificate, however, they need the transcript to do this and hubby's University are saying to get the transcript will take 10 working days too. Which will be about 20 days in total.. Am I able to explain this in the appeal form and send the statement/certificate once received?

Send all details you can and state whichever is pending. They might even waive the appeal and grant you your visa, due to weight of evidence produced.
We hope that is the case........

Lexusgs430:


Send all details you can and state whichever is pending. They might even waive the appeal and grant you your visa, due to weight of evidence produced.
We hope that is the case........

Yes let's hope so.

Employer has just emailed me the stuff over.

What do you believe they (Visa people) can consider to be exceptional circumstances?

Also, I, as my husband's sponsor can write the appeal? as though it's coming from me? or I will have to word it as though he is writing it? On the appeals form there are a few signature spaces for the appellant.

Foreveryours201:


Yes let's hope so.

Employer has just emailed me the stuff over.

What do you believe they (Visa people) can consider to be exceptional circumstances?

Also, I, as my husband's sponsor can write the appeal? as though it's coming from me? or I will have to word it as though he is writing it? On the appeals form there are a few signature spaces for the appellant.

Exceptional circumstances - In your case is that, you believe your documentations were not properly scrutinized. All documentations requested your submitted and were all in date.
You can appeal on your husband's behalf.
NB: They haven't doubted the genuineness of your union (thats a good thing). The issues they had are more technical.

Lexusgs430:


Exceptional circumstances - In your case is that, you believe your documentations were not properly scrutinized. All documentations requested your submitted and were all in date.
You can appeal on your husband's behalf.
NB: They haven't doubted the genuineness of your union (thats a good thing). The issues they had are more technical.

No they didn't doubt this, we met this requirement as well as the suitability requirement.
I can mention that in my appeal, about me not believing the documents were properly scrutinized and the ECO's issues were that of a technical nature?

Thanks for helping a lot.

Foreveryours201:


No they didn't doubt this, we met this requirement as well as the suitability requirement.
I can mention that in my appeal, about me not believing the documents were properly scrutinized and the ECO's issues were that of a technical nature?

Thanks for helping a lot.

Be diplomatic about your mention

Lexusgs430:


Be diplomatic about your mention

hahaha!!! I get you!

Lexusgs430:


Exceptional circumstances - In your case is that, you believe your documentations were not properly scrutinized. All documentations requested your submitted and were all in date.
You can appeal on your husband's behalf.
NB: They haven't doubted the genuineness of your union (thats a good thing). The issues they had are more technical.

That's so true u can apply on ur husbands behalf ....

wallg123:


That's so true u can apply on ur husbands behalf ....

Yes I want to send off the appeal by this week. If I wait for Naric and Hubby's University I believe the 28 days would have lapsed, so I am intending to submit the degree cert and letter again and will mention that I am waiting for the NARIC Letter/Certificate and once it becomes available I will forward it on.

Would you mind forwarding on your appeal statement please?

Foreveryours201:


Yes I want to send off the appeal by this week. If I wait for Naric and Hubby's University I believe the 28 days would have lapsed, so I am intending to submit the degree cert and letter again and will mention that I am waiting for the NARIC Letter/Certificate and once it becomes available I will forward it on.

Would you mind forwarding on your appeal statement please?

I will see if I still have a copy of my appeal. It wasn't actually technical at all, I didn't quote any cases. I just addressed the issues the ECO with supporting documents and added the ones I missed out earlier (letter from employer and extra payslips)

I just stated that I have more documents which I believe will address his concerns and said I believe some documents were mistakenly overlooked, that's all.

The good thing is that you just have to address ONLY the missing criteria, that's it, nothing extra. I got out a highlighter and marked every relevant thing on the documents, labelled everything clearly and sent it off. Once they reviewed it, they overturned the refusal without having to go further

Foreveryours201:


No they didn't doubt this, we met this requirement as well as the suitability requirement.
I can mention that in my appeal, about me not believing the documents were properly scrutinized and the ECO's issues were that of a technical nature?

Thanks for helping a lot.

One other thing, put your name as his rep in the appeal and get him to email the tribunal giving you authority to receive all correspondence. If not, they send it through the Naija postal system, it took almost three months for my wife to get the first letter!