phar897:

That was really helpful bro. Thanks a lot! To answer your questions, the appeal was submitted through an immigration solicitor and I think at this juncture, might just have to wait. I called the solicitor yesterday inquiring what the situation is like, she told me they're still waiting for a copy of the determination. I got mine through royal mail, so I'm guessing the nigerian post office still has the documents . .

I still haven't confirmed from the AIT yet (I decided not to) since the solicitor in nigeria hasn't received her copy, so I'm thinking it could be as a result of the royal wedding break and bank holidays in between, probably caused the delay.

I'll appreciate further suggestions . .

Just to point out that you need to take a copy of the 'determination' sent to you to your immigration solicitor. Also find out if he has been notified of any stay of AIT decision by the home office. If not then your sister needs to forward a copy of the decision of the immigration judge to the foriegn common wealth office via e-mail Abuja.Visa.CorrespondenceUnit@fco.gov.uk.

PLEASE BEAR IN MIND THAT CLOSE TWO WEEKS HAS BEEN LOST TO BANK HOLIDAYS IN THE MONTHS OF APRIL AND MAY meaning lots of things get stocked in the system and only after a week or there about before things will return back to normal.

Also ask your solicitors, He can also findout from the AIT the date the Embassy in Nigeria was sent a copy of the determination and then calculate 7days from that date further which you cab beginnto phone the embassy.

May i suggest that at this stage your sister ought to be the one doing the phoning and letter writing to the embassy in Nigeria.

Omo_Tier1:

Did you submitt the appeal yourself or were helped by an immigration solicitor?

If you did the appeal yourself and not through an immigration solicitor then get the 'determination' of the immigration judge scanned, draft a letter of notice addressed to the Entry Clearance manager (ECM)at the entry post where your application was assessed and forward same with the 'determinaton' attached to Abuja.Visas.CorrespondenceUnit@fco.gov.uk (please note the upper case in the e-mail address). Also note, that the embassy usually avail themself sometime frame to process your visas and they often given maximum of 90days for long term visas but if you keep knocking on thier door, you will be asked to bring your passport within a couple of days after they acknowledge the receipt of your determination.

If your appeal was through an immigration solicitors, then should know better by faxing the outcome of the appeal to the foriegn commonwealth office who are in charge of the high commissions.

Have you confirmed if the Home Office didnot appeal the decision of the AIT immigration judge? Usually this is done after 7days and the AIT will notify you if that is the case.

If after 90days you get no response, then write a 'legal' letter to them warning of a court action should they fail to process your visas within 14days.

Hope this helps and please come back and let others know how things went for you so lessons can be learnt by others.

  Everything but one that you said here is with wisdom and understanding (and perhaps from experience), but allow me to disagree with the last input (in red); You can't send a "legal" letter to any embassy to warn them of court actions because, you absolutely have no ground to force the embassy to issue you a visa: visas are merited on privilege, not by fundamental rights. So, the UK embassy still reserves the rights to refuse him the visa even if he won the appeal because, winning appeal does not guarantee the issuance of the visa, it simply means, the appellant has won the favour for reconsideration of the refused application hence some people who won their appeals could still have their visas denied

Vicjustice:

  Everything but one that you said here is with wisdom and understanding (and perhaps from experience), but allow me to disagree with the last input (in red); You can't send a "legal" letter to any embassy to warn them of court actions because, you absolutely have no ground to force the embassy to issue you a visa: visas are merited on privilege, not by fundamental rights. So, the UK embassy still reserves the rights to refuse him the visa even if he won the appeal because, winning appeal does not guarantee the issuance of the visa, it simply means, the appellant has won the favour for reconsideration of the refused application hence some people who won their appeals could still have their visas denied

Just to point out that I make post here experience and not just speculations.

The 90days is a form of legal time frame which has become established as sufficient timing for any reasonable action to be taken by any competent body of authority in the UK and the home office/fco/embassy uses this time frame as in house rules to process all visas hence the reason on the BHC website in nigeria they request you only contact them after regarduing your visas after 28days but not more than 90days.

Please can you justify your claim (base on immigration legislation) that the embassy can refuse issuing visas after you must have won your appeal.

This notion was recently (Jan 2011) esponged by a High Court Judge in Scotland in a case involving a nigerian and the judge rebuked the ECM for assigning to himself powers not even assign to the Home Secertary by law. Once an Appeal is allowed (as against a Judicial review) the only option available to the Home Office/embassy is an Appeal of the stay of the AIT decision at the high court within 7 working days after the date og the decision. Even,(as recently found out from an high court judgement 2011)in cases whereby there are other grounds of refusal not previously taken into consideration by the ECO, the home office/fco/embassy must only do so by a way of Appeal and not by solely deny the issuence of visas except in cases of terrorism/national threat.

The legal letter (which you can akin to a pre-action protocol letter)is part of what the judge will be looking to see by the time you proceed to the courts.

Those I have seen use this option in and outside the UK ended up with the UKBA/embassy replying them with a standard letter format explaining why the have not been able to process the visas which is usually blamed on administrative error or loss of letter in post!

I honestly have not come across anyone who has won an Appeal and without the visas not been issued unless in cases where fco/home office  files a cross appeal in the high court and this is usually the case if the home office feels there was an error of judgement by the AIT immigration judge as per the Technicality of the Law or misrepresentation of facts/evidence before the AIT judge. Pakina (2010)comes mind here! Technically from the view point of law I am not convinced of your postulation about post Appeals.Remember, AIT looks at your application in its entirety based on the bundle of the appallant against the immigration rules & policy guidance and decides either in favour or against, that is why thier decisions are largely called DETERMINATIONS and not judgement unlike the cases that go for judicial review (single judge during paper/oral permission to proceed with judicial review application stage)and subsequently Substantive hearing before a panel of judges (if permission is granted) hence the reason thiers is ccalled judgement.

Just like you claimed the embassy can not be forced to issue visas so also the embassy  can not not act on the verdict of a competent UK court unless there is a stay on the court's verdict by a way of Appeal.

Omo_Tier1:

Just to point out that you need to take a copy of the 'determination' sent to you to your immigration solicitor. Also find out if he has been notified of any stay of AIT decision by the home office. If not then your sister needs to forward a copy of the decision of the immigration judge to the foriegn common wealth office via e-mail Abuja.Visa.CorrespondenceUnit@fco.gov.uk.

PLEASE BEAR IN MIND THAT CLOSE TWO WEEKS HAS BEEN LOST TO BANK HOLIDAYS IN THE MONTHS OF APRIL AND MAY meaning lots of things get stocked in the system and only after a week or there about before things will return back to normal.

Also ask your solicitors, He can also findout from the AIT the date the Embassy in Nigeria was sent a copy of the determination and then calculate 7days from that date further which you cab beginnto phone the embassy.

May i suggest that at this stage your sister ought to be the one doing the phoning and letter writing to the embassy in Nigeria.

I'm so grateful for your time, just can't thank you enough! Have sent them an email as adviced, hopefully will get to hear from them soon. Have also informed my sister to start calling from tomorrow till they allocate her a date to come with her documents, I guess we've been waiting for too long. BHC handles more than 200 applications a day not to mention attending to pending applications so I quite agree with what you said that one needs to 'keep knocking'. Its over 2 weeks now minus the bank holidays in between. Will update the 'house' once something's up!

Thank you once again for your time.

Omo_Tier1:

Just to point out that I make post here experience and not just speculations.

The 90days is a form of legal time frame which has become established as sufficient timing for any reasonable action to be taken by any competent body of authority in the UK and the home office/fco/embassy uses this time frame as in house rules to process all visas hence the reason on the BHC website in nigeria they request you only contact them after regarduing your visas after 28days but not more than 90days.

[size=18pt]Please can you justify your claim (base on immigration legislation) that the embassy can refuse issuing visas after you must have won your appeal. [/size]

This notion was recently (Jan 2011) esponged by a High Court Judge in Scotland in a case involving a nigerian and the judge rebuked the ECM for assigning to himself powers not even assign to the Home Secertary by law. Once an Appeal is allowed (as against a Judicial review) the only option available to the Home Office/embassy is an Appeal of the stay of the AIT decision at the high court within 7 working days after the date og the decision. Even,(as recently found out from an high court judgement 2011)in cases whereby there are other grounds of refusal not previously taken into consideration by the ECO, the home office/fco/embassy must only do so by a way of Appeal and not by solely deny the issuence of visas except in cases of terrorism/national threat.

The legal letter (which you can akin to a pre-action protocol letter)is part of what the judge will be looking to see by the time you proceed to the courts.

Those I have seen use this option in and outside the UK ended up with the UKBA/embassy replying them with a standard letter format explaining why the have not been able to process the visas which is usually blamed on administrative error or loss of letter in post!

I honestly have not come across anyone who has won an Appeal and without the visas not been issued unless in cases where fco/home office  files a cross appeal in the high court and this is usually the case if the home office feels there was an error of judgement by the AIT immigration judge as per the Technicality of the Law or misrepresentation of facts/evidence before the AIT judge. Pakina (2010)comes mind here! Technically from the view point of law I am not convinced of your postulation about post Appeals.Remember, AIT looks at your application in its entirety based on the bundle of the appallant against the immigration rules & policy guidance and decides either in favour or against, that is why thier decisions are largely called DETERMINATIONS and not judgement unlike the cases that go for judicial review (single judge during paper/oral permission to proceed with judicial review application stage)and subsequently Substantive hearing before a panel of judges (if permission is granted) hence the reason thiers is ccalled judgement.

Just like you claimed the embassy can not be forced to issue visas so also the embassy  can not not act on the verdict of a competent UK court unless there is a stay on the court's verdict by a way of Appeal.

                           Responding mainly to the paragraph in bold red:
   Appeal could take several months to reach verdict. Now, if an appeal has been decided in favour of the appellant, the decision does not in any way represent automatic visa issuance, the appellant will still be required to present his/her application documents (at the embassy) for re-assessment and reconsideration; and in the situation whereby the applicant's circumstances have changed, ie  his/her financial situation does not add up any longer, or the visa sought is of a certain category that has been affected by change of circumstance, his/her visa application can still be refused even after the successful appeal. This is how it works.

Vicjustice:

                           Responding mainly to the paragraph in bold red:
   Appeal could take several months to reach verdict. Now, if an appeal has been decided in favour of the appellant, the decision does not in any way represent automatic visa issuance, the appellant will still be required to present his/her application documents (at the embassy) for re-assessment and reconsideration; and in the situation whereby the applicant's circumstances have changed, ie  his/her financial situation does not add up any longer, or the visa sought is of a certain category that has been affected by change of circumstance, his/her visa application can still be refused even after the successful appeal. This is how it works.

While I agree with much of what of what you have said as it affects the 'status' of the applicant post appeal, i think it suffice to say that only apply to 'out of country applications' as 'in country applications' is unlikely to be bedsubjected to such.
Re-consideration/reassessment by ECOs/ECMs at embassies have always been critised by Judges as completely out of place. This is simply the case 'cos AIT judges look at 'material evidence' as the appallant (at the time of application -for out of country application and at the time of Appeal for in country application- although Pankina judgement [2010] has put an end to this as in country application now has to provide material evidence as was submitted in the original application) can possibly put forward and on such the AIT judges make thier 'determination' hence there be no further need for a reconsideration but the ECOs/ECMs continue to abuse thier authority by going back to reassess the applicant, demanding for more documentation. To simply put, why would ECOs/ECMs reassess an applicant by requesting for current documentation when in law, an appallant is not allowed to provide further documentation to demonstrate that he/she now meets a criteria -which may not have been met at the time of application- at the time of appeal.

The ECOs continue to abuse such powers vested on them to ensure only applicants that meet the immigration rules are allowed in but they often forget that the rules clearly stated 'at the time of application' and not what the ECOs/ECMs are currently doing which is against the 'principle of fairness and natural justice' and also a breach of 'legitimate expectation;.I know there are guidelines issued by the home secretary upon which they put the defense of this act, however, such is yet to be tested in the courts and I believe very soon it will be.

I beg to differ on your claims that the visas will not be issue if such visas category has been affected by a change of some sort.To put it straight, Tier 1 general highly skilled has been abolished, however all those who currently has appeal/judicial review pending in courts should they win thier appeal/are granted permission for JR and subsequently won thier substantive hearing without further Appeal by HO, they will be issued Tier 1 visas as it affects thier application on the date the application was submitted before the change of rules took effect. There are several high court/COA judgement which serves as precedence in the UK immigration history to back up this assertion.

Please help!!

Its almost 2 month now, ECO hasnt called yet. We've called, emailed and do all sorts but nothing yet. Any advice/suggestion is welcome please! I really dont know what to think anymore. At least, the appealed has been granted going to 2 months now and the both parties has received a copy of the determination. I really don't know what the status of things is!

I'll keep checking the forum hoping someone get to read this.

Many thanks!

phar897:

Please help!!

Its almost 2 month now, ECO hasnt called yet. We've called, emailed and do all sorts but nothing yet. Any advice/suggestion is welcome please! I really dont know what to think anymore. At least, the appealed has been granted going to 2 months now and the both parties has received a copy of the determination. I really don't know what the status of things is!

I'll keep checking the forum hoping someone get to read this.

Many thanks!

I understand your fraustration but can I ask you if you Solicitors has written a letter to them already?

Now, this is my suggestion; You need to get your immigration solicitors to write a letter to the foriegn common wealth office in London, requesting to know why the BHC in Nigeria is refusing to issue the visas even after two months of the determination.

Can I also ask you if they wrote back acknowledging the receipt of your e-mail/determination?Also, you said you have called, and may I ask who you had the telephone conversation with and what did the person tell you?

Also, I will like to bring this to your notice that it has come to the fore that UKBA staff appears to be tempering with AIT appeal out come on thier computer systems. More recently, a number of appeal cases have been found to have been recorded on thier computer system as "AIT appeal decision was in HO favour" whereas, the HO lost the AIT appeal. This has led to case file that should have been sent for visas processing left unattended to for more than 2months! I am beginning to ask myself if this maybe what they have done in your own case.

The two last options on the table are these;
1.Write a letter of complaint to the obudsmans for them to investigate your case.(I will letter you know how to go about this when the time comes)

2.A pre-action protocol letter.

But this two options are the least and should not be engaged for now until you write a letter of complaint to the FCO through your immigration solicitors.

^^

Thanks alot bro for your time and d valuable info you've been sharing on this forum.

1) Have tried  explaining things to those solicitors,  They seems to bee too quite for my likening, all we keep hearing is ' Give them some time, they'll call you!' You see whats I'm saying, I wish I could do more from here . .

I will again call them (solicitors) today. I think quiet time is over, they should at least do something since they're representing a client here.

2) No! We received no acknowledgment letter from them, Imagine, I personally sent an email using my sisters ymail account and scanned the 'determination'. Just 2 weeks ago, we even had to post a hard copy of the determination to them in Abuja, up till now, no word from them . .
Regarding the phone conversation, well, I'm not sure who their operators are or competencies when its come to phone handling as an operator, the lady we spoke to last said someone would get in touch with us that she'll relay the information to the department in question that was more than two weeks ago . . still no show!

I still called them this morning and they said they re closed which I fnd rlly strange!


Thats the case o my bro, some people no dey go through this hassle at all!

phar897:

^^

Thanks alot bro for your time and d valuable info you've been sharing on this forum.

1) Have tried  explaining things to those solicitors,  They seems to bee too quite for my likening, all we keep hearing is ' Give them some time, they'll call you!' You see whats I'm saying, I wish I could do more from here . .

I will again call them (solicitors) today. I think quiet time is over, they should at least do something since they're representing a client here.

2) No! We received no acknowledgment letter from them, Imagine, I personally sent an email using my sisters ymail account and scanned the 'determination'. Just 2 weeks ago, we even had to post a hard copy of the determination to them in Abuja, up till now, no word from them . .
Regarding the phone conversation, well, I'm not sure who their operators are or competencies when its come to phone handling as an operator, the lady we spoke to last said someone would get in touch with us that she'll relay the information to the department in question that was more than two weeks ago . . still no show!

I still called them this morning and they said they re closed which I fnd rlly strange!


Thats the case o my bro, some people no dey go through this hassle at all!

I completely understand your fraustration. I tell, the entry clearance posts overseas are all getting confused 'cos of the mad rush changes in government immigration policy and the CUT in employees at the UKBA.

One thing I would suggest is this, send them an e-mail again. In the e-mail, state the obvious that you were told by thier correspondence unit in a telephone conversation that they will get back to you to let you know the date you should bring your passport to them and that its over two months now and you haven't heard anything from them. Include the date and time you had the conversation and address the letter as official and make it sound it a continuation of a correspondence you had with them by beginning as for example;

Further to your telephone conversation on the, put date here, bothering on submission of my passport for the purpose of visas issuance following the AIT appeal determination , put the reference number of the case here, , I wish to state that I am yet to receive any further invitation either by e-mail/phone notifying me of the date I should bring the passport down,despite the assurances made by the officer whom I had the telephone conversation with.

Then go on to let them know that it's been over two months since that assurance was given and that it appears nothing has been done to date.

Maybe you need to also conclude diplomatically, appreciating thier work and requesting them to considered your request in line with the legitimate expectation you have of thier good service.

After sending the mail, also give them a call on the same date, and if you get to speak to any body, remind them of the e-mail and previous telephone conversation, if the person is polite in answering, ask the person how long you are suppose to wait to get thier invitation and if they can get someone from the APPEALS section so you could speak with them. Some of them sometimes are helpful and do get someone for you to speak to.

I think the key thing is you just have to make sure you follow your correspondence with them by reminding them that the issue is not a new one and that they are already working on it but you are not getting information from them as suppose to.

Bro, I know its abit stressful but just continue, sooner they will send you the mail/phone call.

As for your Solicitors, 'm not surprise at thier response, to many of them, they only care that they win at the AIT,and very few help you getting your passport stamped!

Endurance is the key here.

Omo_Tier1:

I completely understand your fraustration. I tell, the entry clearance posts overseas are all getting confused 'cos of the mad rush changes in government immigration policy and the CUT in employees at the UKBA.

One thing I would suggest is this, send them an e-mail again. In the e-mail, state the obvious that you were told by thier correspondence unit in a telephone conversation that they will get back to you to let you know the date you should bring your passport to them and that its over two months now and you haven't heard anything from them. Include the date and time you had the conversation and address the letter as official and make it sound it a continuation of a correspondence you had with them by beginning as for example;

Further to your telephone conversation on the, put date here, bothering on submission of my passport for the purpose of visas issuance following the AIT appeal determination , put the reference number of the case here, , I  wish to state that I am yet to receive any further invitation either by e-mail/phone notifying me of the date I should bring the passport down,despite the assurances made by the officer whom I had the telephone conversation with.

Then go on to let them know that it's been over two months since that assurance was given and that it appears nothing has been done to date.

Maybe you need to also conclude diplomatically, appreciating thier work and requesting them to considered your request in line with the legitimate expectation you have of thier good service.

After sending the mail, also give them a call on the same date, and if you get to speak to any body, remind them of the e-mail and previous telephone conversation, if the person is polite in answering, ask the person how long you are suppose to wait to get thier invitation and if they can get someone from the APPEALS section so you could speak with them. Some of them sometimes are helpful and do get someone for you to speak to.

I think the key thing is you just have to make sure you follow your correspondence with them by reminding them that the issue is not a new one and that they are already working on it but you are not getting information from them as suppose to.

Bro, I know its abit stressful but just continue, sooner they will send you the mail/phone call.

As for your Solicitors, 'm not surprise at thier response, to many of them, they only care that they win at the AIT,and very few help you getting your passport stamped!

Endurance is the key here.

Many thanks bro. I sent the email and gave them a call almost immediately, I was told they were closed not even a single rep to talk to. The machine answered and later hunged up after explaining their opening and closing times, I called around 10.30 am which was supposed to be their working hours, again 12pm! I did the same the following day, got the same message.

I know endurance is the key, at least, if they acknowledge the email or return phone calls, that'll ease things up. One will know whats going on and when to expect to be called, but nothing at all,  I really don't have any idea of what to do or how to approach this anymore.

You're more enlightened bro, anything else you feel we can do?

phar897:

Many thanks bro. I sent the email and gave them a call almost immediately, I was told they were closed not even a single rep to talk to. The machine answered and later hunged up after explaining their opening and closing times, I called around 10.30 am which was supposed to be their working hours, again 12pm! I did the same the following day, got the same message.

I know endurance is the key, at least, if they acknowledge the email or return phone calls, that'll ease things up. One will know whats going on and when to expect to be called, but nothing at all,  I really don't have any idea of what to do or how to approach this anymore.

You're more enlightened bro, anything else you feel we can do?

My apology for not replying -was off busy -
I would suggest as I mentioned before, that at this stage,get your solicitors to write them a letter, copying the Foriegn Common Wealth Office and the Appeals Section of the BHC, Abuja Visas Services the AIT Appeal determination decision

Can I also implore you NOT to forward any other letters to them till 14days after the last one.This is to avoid putting yourself "in thier eyes" as you wanting to hurry them to issue the visas - something BHC, Abuja loathes -

Please do yourself good by keeping the exact copies of all e-mail correspondence with the BHC,Abuja.Do same with every phone call discussion you have with them; keep details of the discussion in form of a statement including the dates, time of call, length of call and the identity of who you spoke to. This is 'cos should the need arise for a Judicial Review -something I really hope should not arise- then you would need them as a saving grace.

Unfortunately, the bitter truth about BHC, Abuja, is one needs patience extraordinary when dealing with them. They are a lazy bunch, with little regard for known protocol and standards when dealing with applicants.

I still don't understand why people appeal a decision. Simply re-apply and correct all anomalies identified in previous application.

Omo_Tier1:

My apology for not replying -was off busy -
I would suggest as I mentioned before, that at this stage,get your solicitors to write them a letter, copying the Foriegn Common Wealth Office and the Appeals Section of the BHC, Abuja Visas Services the AIT Appeal determination decision

Can I also implore you NOT to forward any other letters to them till 14days after the last one.This is to avoid putting yourself "in thier eyes" as you wanting to hurry them to issue the visas - something BHC, Abuja loathes -

Please do yourself good by keeping the exact copies of all e-mail correspondence with the BHC,Abuja.Do same with every phone call discussion you have with them; keep details of the discussion in form of a statement  including the dates, time of call, length of call and the identity of who you spoke to. This is 'cos should the need arise for a Judicial Review -something I really hope should not arise- then you would need them as a saving grace.

Unfortunately, the bitter truth about BHC, Abuja, is one needs patience extraordinary when  dealing with them. They are a lazy bunch, with little regard for known protocol and standards when dealing with applicants.

My gratitude for your input ma brother. Will do as advised.

greetings, i have a friend jjc in uk can anyone advice on how to extend a sport visa while your in uk information need will be greatfull for any cheers

shawonlese:

I still don't understand why people appeal a decision. Simply re-apply and correct all anomalies identified in previous application.

Maybe you need to ask yourself why a room to APPEAL is made available in the immigration laws.

Humans are prone to mistakes, hence the need to make amends.

Why throw money about when the error cab be ammended without charge. All that is required is patience and determination.

What if the person does not have the money reapply? Some people live on toght budget you know.

@Omo_Tier1

I finally got this email from them on the 22nd of June.

"Dear madam,

Thank you for your email.

Your allowed determination is still under process and you will be called in as soon as possible.

Best regards."


What do you think?

phar897:

@Omo_Tier1

I finally got this email from them on the 22nd of June.

"Dear madam,

Thank you for your email.

Your allowed determination is still under process and you will be called in as soon as possible.

Best regards."


What do you think?

Okay it simply means what it says. Tell your sister that she should have her phone very close to her from Monday to Friday every week as they are likely to call her soon to come to BHC,Abuja to submit her passport.

I am sure they will issue the visas before the end of July.

Now what this e-mail is to you is a formal acceptance that your appeal determination has been seen by the BHC Nigeria and the FCO and they are bound to act within reasonable time frame and get the visas issued.

Lets keep our fingers crossed. Theres hope afterall, lets exercise a little more tiny wee bit of patience.

Omo_Tier1:

Okay it simply means what it says. Tell your sister that she should have her phone very close to her from Monday to Friday every week as they are likely to call her soon to come to BHC,Abuja to submit her passport.

I am sure they will issue the visas before the end of July.

Now what this e-mail is to you is a formal acceptance that your appeal determination has been seen by the BHC Nigeria and the FCO and they are bound to act within reasonable time frame and get the visas issued.

Lets keep our fingers crossed. Theres hope afterall, lets exercise a little more tiny wee bit of patience.

Many thanks bro. I don't think sending another email is necessary this time. So just have to wait and keep our fingers crossed like you said.

phar897:

Many thanks bro. I don't think sending another email is necessary this time. So just have to wait and keep our fingers crossed like you said.

Not yet, you just have to wait for a couple of weeks say 3weeks, further which IF the total period they have failed to issue the visas is close to three months, you send them a letter of warning of your likehood of resort to the courts and the obudsman.

Please can I also suggest that you make sure your sister still has decent funds in here account should they want to use thier old delay tactics by requesting for a more recent evidence of funds. THIS IN ITSELF IS WRONG IN LAW AS NEITHER THE ECO OR ECM HAS THE POWERS TO OVERTURN A COURT's DECISION. A Barrister friend of mine also confirmed this with recent cases where judge specifically rebuffed an ECM for refusing to issue a visas and requesting for new evidence of funds. The specifically said if the ECM wanted his own words to be final, then He should get the SSHD to appeal her decision and not usurp the powers of the court.

So yea, wait a little bit, then send them an e-mail and also call them on phone two and half weeks from the date they sent you the e-mail.

I had a

hello everyone,

my husband's uk settlement visa was refused in November 2010.We put in an appeal at the end of November, and it has been a long long ride since then.The visa was refused for a very silly reason.The ECO said in his refusal letter that there wasnt any proof to show that me and my husband were visiting each other , and that he didint think the relationship was subsisting.(i was born here in the uk, grew up in Nigeria and never came back to the uk till April 2009).evidence to proove that we had been together was submitted in his application etc.To cut the long long story short, we would be having the appeal hearing next week,I would want to know what happens after the judge gives his determination, and the ECO is given time to appeal the judge's determination,how long it takes for visas to be issued in BHC Lagos?

ufe:

hello everyone,

my husband's uk settlement visa was refused in November 2010.We put in an appeal at the end of November, and it has been a long long ride since then.The visa was refused for a very silly reason.The ECO said in his refusal letter that there wasnt any proof to show that me and my husband were visiting each other , and that he didint think the relationship was subsisting.(i  was born here in the uk, grew up in Nigeria and never came back to the uk till April 2009).evidence to proove that we had been together was submitted in his application etc.To cut the long long story short, we would be having the appeal hearing next week,I would want to know what happens after the judge gives his determination, and the ECO is given time to appeal the judge's determination,how long it takes for visas to be issued in BHC Lagos?

It all depends. Some take 3wks, others a month, some even 3months.

If you get your solicitors to be on thier case, then you might get it within  4weeks.

Sad to say, just like the Home Office, the DBHC, Lagos and BHC, Abuja are very slow with acting on appeals determination. There is always a mix up between the appeals section and those that process the visas.

We recently have had experiences where appeals were won by the Appeallant but on the Home Office system, they went and entered the wrong information that the HO won leading to the files been abandoned for over two months. It was a call to the UKBA department responsible for sending out letters on appeals won in the UK that later unravelled everything.

All the same, best of luck with your hearing. Something tells me the HO may not show up and/or it will be a take a bow and go appeals hearing.

Dear All,

I sent in our (my wife and I) UK visa application form and every documents{It is supposed to be a family visit} on Friday June 17th,2011 and I got this refusal Letter today,I need an advise on the way forward:

"You state that you will fund your proposed trip to the UK and have submitted your personal bank statement from GT Bank Plc as evidence of finance. you state your monthly income to be N382,431 {£1,529 at the current rate of £1 = N250} The credit balance in your account are not commensurate with your declared monthly income.

On the evidence before me,I am not satisfied that this statement is a true reflection of your personal circumstances. This is relevant,as umambigouos evidence of your claimed employment,pattern of income or means of support is required to access if your situation in Nigeria povides you with an incentive to leave the UK at the end of a short stay as claimed.

I am not satisfied that you are genuinely seeking entry as a visitor for a limited period as stated by you or that you intend to leave the UK at the end of your proposed visit as required by paragraph 41(i) and (ii) of HC 395.

You have provided an invitation letter from your UK sponsor dated June 14th,2011 offering accommodation,you have not provided satisfactory evidence of their ability to accommodate you as claimed.

Therefore,on the balance of probabilities I am not satisfied that you will be maintained and accommodated in the UK without working or having recourse to public funds or are able to meet the cost of return or an outward journey as required.

I have therefore refused your application because I am not satisfied on the balance of probabilities that you meet all the requirement of the relevant paragraph of the UK immigration rules.

You are entitled to appeal this decision under section 82, "

I sent in the land documents (C of O),Bank Statements,Letter of employment,confirmation letter of employment,Leave approval letter and introduction letter from my employer.

Under the other sources of income,I mentioned that I work on part time basis as the MD of the company that I established with my wife {I included the original and copies of all the company documents,certificate of incorporation,from CO2 and Form CO7}

I also mentioned that I have a landed property {with copy of the C of O included}

The letter of invitation of my aunt,an Introduction letter from her employer in the UK,her passport bio data page,her residence permit and her council tax adjustment bill was included in the application package.


Kindly help suggest the way out of this as I never expected that we will be denied given the fact that we provided everything as requested. Do We stand a chance if we appeal or we should just forget the appeal and look forward to are-applying?

solomonwis:

Dear All,

I sent in our (my wife and I) UK visa application form and every documents{It is supposed to be a family visit} on Friday June 17th,2011 and I got this refusal Letter today,I need an advise on the way forward:

"You state that you will fund your proposed trip to the UK and have submitted your personal bank statement from GT Bank Plc as evidence of finance. you state your monthly income to be N382,431 {£1,529 at the current rate of £1 = N250} The credit balance in your account are not commensurate with your declared monthly income.

On the evidence before me,I am not satisfied that this statement is a true reflection of your personal circumstances. This is relevant,as umambigouos evidence of your claimed employment,pattern of income or means of support is required to access if your situation in Nigeria povides you with an incentive to leave the UK at the end of a short stay as claimed.

I am not satisfied that you are genuinely seeking entry as a visitor for a limited period as stated by you or that you intend to leave the UK at the end of your proposed visit as required by paragraph 41(i) and (ii) of HC 395.

You have provided an invitation letter from your UK sponsor dated June 14th,2011 offering accommodation,you have not provided satisfactory evidence of their ability to accommodate you as claimed.

Therefore,on the balance of probabilities I am not satisfied that you will be maintained and accommodated in the UK without working or having recourse to public funds or are able to meet the cost of return or an outward journey as required.

I have therefore refused your application because I am not satisfied on the balance of probabilities that you meet all the requirement of the relevant paragraph of the UK immigration rules.

You are entitled to appeal this decision under section 82, "

I sent in the land documents (C of O),Bank Statements,Letter of employment,confirmation letter of employment,Leave approval letter and introduction letter from my employer.

Under the other sources of income,I mentioned that I work on part time basis as the MD of the company that I established with my wife {I included the original and copies of all the company documents,certificate of incorporation,from CO2 and Form CO7}

I also mentioned that I have a landed property {with copy of the C of O included}

The letter of invitation of my aunt,an Introduction letter from her employer in the UK,her passport bio data page,her residence permit and her council tax adjustment bill was included in the application package.


Kindly help suggest the way out of this as I never expected that we will be denied given the fact that we provided everything as requested. Do We stand a chance if we appeal or we should just forget the appeal and look forward to are-applying?

First, can you corroborate the ECO conclusion with the evidence provided? E.g, He claimed you stated that you were earning certain amount a month but on looking at your bank statements, the ECO claimed He could not trace such payments.

Also, about the invitation, did your sponsor include a letter/a statement in the invitation letter saying you will be staying at his/her house with the house address clearly stated with possible contact telephone also included?

How much was the total in the statement you submitted? This appear to have played a big role in the ECO decision.

Your answers to the questions above will help to provide a good ground of judgement to advice rightly.

@ Omo Tier 1,

I appreciate.

My company does not give out payslip{and I can't afford to forge one just because I want to prove a point},I would have included that, The company I work for also pay us with cheque when you are on a certain cadre,rather than lodge the money into my GT Bank I cash the money over the counter,remove whatever it is I need and lodge the balance into my account,That explains the inconsistency and the trace of monthly salary into my account.

Again I mentioned to the ECO that I run a company on a part time basis and also have a landed property although I didn't specify how much that comes in on a monthly basis because there's no certainty as to what comes to the company,there was no mention of the company neither was any mention made of the landed property in the ECO's decision.

The balance as at when I applied was N800k and the turnover in the account for the 6 months duration is a little over N10m, but seriously I had my business running for me and most of the money are paid into my personal account.There was no mention of my other sources of income.

It was clearly stated that my UK sponsor was going to be responsible for our accommodation and feeding,she included a letter of introduction from her employer in the UK,a reputable company.Her address was clearly stated and contact number both mobile and office were included.

Was the ECO looking at me putting the whole of my monthly salary in my account without touching just because I need to prove a point?

I would appreciate your clarification,I actually intend taking this further because I have a chinese visa on that passport(expired though),I never expected that this refusal was gonna be hinged on this.

Once again I appreciate

Omo_Tier1:

Not yet, you just have to wait for a couple of weeks say 3weeks, further which IF the total period they have failed to issue the visas is close to three months, you send them a letter of warning of your likehood of resort to the courts and the obudsman.

Please can I also suggest that you make sure your sister still has decent funds in here account should they want to use thier old delay tactics by requesting for a more recent evidence of funds. THIS IN ITSELF IS WRONG IN LAW AS NEITHER THE ECO OR ECM HAS THE POWERS TO OVERTURN A COURT's DECISION. A Barrister friend of mine also confirmed this with recent cases where judge specifically rebuffed an ECM for refusing to issue a visas and requesting for new evidence of funds. The specifically said if the ECM wanted his own words to be final, then He should get the SSHD to appeal her decision and not usurp the powers of the court.

So yea, wait a little bit, then send them an e-mail and also call them on phone two and half weeks from the date they sent you the e-mail.

I had a

Finally received an email from them asking her to come next week with her passport and a recent bank statement. How many months statement will you suggest we include? BTW, thanks for your help so far We've been on this all along and you never gt tired . .

@nancylove4

Why is this SCUM still posting?