@ justwise

Thank you so much for your reply. My brother went home for holiday, when he got back immigration officer discovered that he have been working more than ten hours and cancelled his visa. His record as student is excellent, both attendance and performance.

Chabby73:

@ justwise

Thank you so much for your reply. My brother went home for holiday, when he got back immigration officer discovered that he have been working more than ten hours and cancelled his visa. His record as student is excellent, both attendance and performance.

This happened at the airport? He maybe luck to win the case since his attendance and performance are good, though he has broken his student visa rule, but the immigration judge may give him a second chance, i have seen pple been deported right from the airport for committing the same offence as ur brother but they weren't attending lectures, just busy working more than 20hrs a week.

@justwise
Hello again, do you have any knowledge of the procedures for this court hearing? what is the system for evidence? who is likely to be there from the UKBA? My husband has prepared and done relatively informal tax tribunals but otherwise has no detailed knowledge of immigration law and the procedures that will be used for this hearing.
Please, do you have knowledge on how this appeal is conducted? Do you have any knowledge regarding: 1. The discretion under the immigration rules which could have been exercised differently. 2. Re article 8 of the European Convention on Human Rights and wether it could be applied here?
Sorry for all the questions but any help would be greatly appreciated.
Thank you,

Chabby73:

@justwise
Hello again, do you have any knowledge of the procedures for this court hearing? what is the system for evidence? who is likely to be there from the UKBA? My husband has prepared and done relatively informal tax tribunals but otherwise has no detailed knowledge of immigration law and the procedures that will be used for this hearing.
Please, do you have knowledge on how this appeal is conducted? Do you have any knowledge regarding: 1. The discretion under the immigration rules which could have been exercised differently. 2. Re article 8 of the European Convention on Human Rights and wether it could be applied here?
Sorry for all the questions but any help would be greatly appreciated.
Thank you,

I have attended court hearing to support a friend who was refused student visa extension last yr. In that appeal form you will be asked to indicate if you want oral or paper hearing, if oral, you are allowed to come with somebody to support you or a lawyer.

In that same appeal form he will be asked to explain why he should not be deported. This is where he has to pure his heart out, he will not be allowed to submit any additional supporting evidence apart the written statement. If there is other document needed from him. . he will be told.

There is no need trying to tell lies here cos they can easily find out how many hrs he worked, so all he has to do now is come out clean and plead for forgiveness.

The court will be made up of the immigration judge, the immigration lawyer representing UKBA, ur husband and whoever he came with. Its not a packed court room, just those few pple (only if things have changed now).

@justwise
We had to submit the appeal form within the required 10 working days and obviously could not submit anything than the basic appeal reasons. It will inevitably take sometime to prepare a full case. Is there any procedures for the exchange of evidence to be submitted between the parties before the hearing? For example, we have a very good letter ( unsolicited ) from the spouse of one of the residents at his nursing home which at least in part explains the circumstances as to why my brother came to work more hours. Is this presentable at the hearing? Do the other side need to see this beforehand?

Thank you

Chabby73:

@justwise
We had to submit the appeal form within the required 10 working days and obviously could not submit anything than the basic appeal reasons. It will inevitably take sometime to prepare a full case. Is there any procedures for the exchange of evidence to be submitted between the parties before the hearing? For example, we have a very good letter ( unsolicited ) from the spouse of one of the residents at his nursing home which at least in part explains the circumstances as to why my brother came to work more hours. Is this presentable at the hearing? Do the other side need to see this beforehand?

Thank you

There used to be a system like that ( i'm not sure if that has changed now) b4 the hearing day u will be asked to submit additional evidence if u have one as u will not be allowed to do that on the hearing day. You will do this in about 15days before the hearing date.

@justwise

I dont want to bombard you with anymore questions now. Thank you very much for your helpful information. We just really dont know what to do. We may will come back in due course with further questions. I hope its OK with you.
Again, thank you so so much !

Chabby73:

@justwise

I dont want to bombard you with anymore questions now. Thank you very much for your helpful information. We just really dont know what to do. We may will come back in due course with further questions. I hope its OK with you.
Again, thank you so so much !

Its a stressful situation i know that, if you get to the tribunal center that day u will see plenty pple in the same situation. Just calm down and write the appeal. Has he paid all his school fees? Evidence of maintenance fees?

@ justwise

Yes, school fees have all been paid in advance. I f he is deported, we will have lost/wasted over £6000 in course fees. He doesnt have any maintenance fees to pay as he lives with us so his accomodation and food are supplied by us. He has no costs for this.
Thank you

Chabby73:

@ justwise

Yes, school fees have all been paid in advance. I f he is deported, we will have lost/wasted over £6000 in course fees. He doesnt have any maintenance fees to pay as he lives with us so his accomodation and food are supplied by us. He has no costs for this.
Thank you

You are right, i wish him the very best of luck.

@justwise

Thank you again for all your help and assistance. We will now start preparing this case as best we can. We may come with further questions in due course with which you may be able to help us.
Thank you !

Chabby73:

@justwise

Thank you again for all your help and assistance. We will now start preparing this case as best we can. We may come with further questions in due course with which you may be able to help us.
Thank you !

No worries.

These immigration guys can be nasty at times. Dont worry. Do they have appeal rights in Nigeria?

Always sad to hear someones visas has been cancelled by an immigration officer.

I think alot of the students are not aware that with the new visa regime, schools,colleges,university are now required to provide regular updates on the international students they sponsor. This the schools,colleges and university do by using thier lecturers and fellow british students to spy on international students. I have it on good information and there has been issues whether this should be tested in the court of law but as of today no case have been filed.

@ omo tier1
Thank you for your comment. We think that their initial information came from NIC records. Then they demanded his current wages slips.

Hello, Can I please follow up my questions of yesterday regarding my brother. Can I ask wether Regulation 8 of the ECHR could be used in this case? My brother lives with us ( myself and my husband ) and has a record of considerable amount of social activities during his 3 years here, including giving unpaid entertainment at other nursing homes and to his own ethnic organisations. Is there any point in pursuing this line of appeal?
Thank you

Chabby73:

Hello, Can I please follow up my questions of yesterday regarding my brother. Can I ask wether [b]Regulation 8 of the ECHR [/b]could be used in this case? My brother lives with us ( myself and my husband ) and has a record of considerable amount of social activities during his 3 years here, including giving unpaid entertainment at other nursing homes and to his own ethnic organisations. Is there any point in pursuing this line of appeal?
Thank you

I'm not sure how that will work in regards to student visa rule. If you went that route you maybe looking at yrs of appeal after appeal.
Others maybe shield more light on that.

Ok, Thank you. Hopefully somebody will have specific knowledge in this area. My brother's college have suggested that this is a possible line to take.
Many thanks!

@ omo tie,am waiting 4 ur reply.thanks

Chabby73:

Ok, Thank you. Hopefully somebody will have specific knowledge in this area. My brother's college have suggested that this is a possible line to take.
Many thanks!

Right, my advice to you is to seek professional advice might cost you £50 but at least, you will be given first class information and you can decide on what to do,most of us are helping from personal experience and of that of close ones

Chabby73:

Ok, Thank you. Hopefully somebody will have specific knowledge in this area. My brother's college have suggested that this is a possible line to take.
Many thanks!

Hmmmm Just read your initial post I say hmm again, this is a thoughy really its a 50-50 if your appeal is allowed it would be discretionary,pray hard.

Chabby73:

Ok, Thank you. Hopefully somebody will have specific knowledge in this area. My brother's college have suggested that this is a possible line to take.
Many thanks!

Article 8 of the ECHR is very much unlikely to be helpful unless your brother can show that since entering the UK, He has "engaged" himself here meaning, his life will be so adversely affected by any decision to remove him because of maybe a family tie, children, loved one, own a house or business, etc.

If your brother is in his final years of study and about to conclude, then Article 8 might work for him. To a very large extent, this depends on severity of the violation, i.e, how many hours extra was he working and was He doing so before the change in regulations and if the AIT judge or the Upper Tribunal as it is called these days is pro-government.

Let me also say that the current drive by the Tory government to esponge the ECHR vis a viz Article 8 from the statue books does not help much.

My recommendation: Go get a seasoned immigration Solicitor that can poke holes in the action leading to the cancellation of the visas by the UKBA. I seriously doubt Article 8 alone will win you this case.

As justwise mentioned previously, be prepared for a long appeal especially if the determination decision in your brothers favour is on Article 8 as the home office will vigorously pursue its upturn in the Upper Tribunal for obvious reasons.

What you can also do is go online, research for previous AIT determinations bothering/similar to your brothers case.

This case in my opinion can be won on two grounds;
1.Technicalities
2.Your brother academic performance and the course he is studying if it is available in Nigeria or not.

Hence you really need to get an Immigration solicitor preferably a Barrister!

I really wish you the best of luck and I hope your brother succeeds!

Isiri:

@ omo tie,am waiting 4 your reply.thanks

Apology, I miised your previous post. I will forward the letter before end of today.

As for your friend, He would have to use travel/holiday tour agents as most states in Europe with the exception of the UK make it very difficult getting tourist visas unless you have previous visas issued you before in any other category.Also thier requirements especially the one bothering on insurance put people off.

Isiri:

@ omo tie,am waiting 4 your reply.thanks

check your e-mail, sent the letter as attachment in word document 2007 version.

Ta!

@ omo tier1

Hello, THANK YOU very much for your comment. We have been thinking along the same lines in many aspects to which you refer. Again, thank you for comments which may prove to be very useful.



@erico2k2

Many thanks too for your comment.

@ omo tie.appreciate

Isiri:

@ omo tie.appreciate

Have you made up your mind to apply anytime soon?

The complete refusal transcript

The Decision

You have stated that you are a freelance IT consultant and CG Artist and that you earn Naira 400,000 plus (1612.90+ pounds) per month. However you have submitted no evidence of freelance work, for example your contracts and personal Income Clearance Certificate. I'm therefore not satisfied that your employment and economic circumstances are as claimed. Therefore I'm not satisfied that you are seeking a genuine visit or that you intend to leave the UK at the end of your visit 41(i) and (ii)

You have stated that you have two children in Nigeria and you have submitted their birth circumstances as evidence of your family ties. However I note that their births were not registered until 10.3.11 - a significant number of years after their claimed births. You have produced no reasonable explanation for this delay in registering their births and I am conscious that documents such as this kind are easily generated and readily available in Nigeria I'm therefore not satisfied that your family circumstances are as claimed and this casts doubts on the reason for your visit.Therefore I'm not satisfied that you are seeking a genuine visit or that you intend to leave the UK at the end of your visit 41(i) and (ii)

I have therefore refused your application because I am not satisfied on the balance of probabilities that you meet all of the requirements of the relevant Paragraph of the United Kingdom immigration Rules.

Your right of appeal is limited to the grounds referred to in section 84(i)(c) of the National Immigration and Asylum Act 2002 (www.legislation.gov.uk)

Does the bold part mean applicant should appeal?
1. Applicant sent in TAX revenue receipt but didn't include the CERTIFICATE which I think is the plastic so this time around plastic should be included right?

2. Applicant tax does not corroborate with income is this a problem? Even as it his applicants personal bank statement submitted generates like 1 million naira + monthly though applicant say only 400k is income. Do they calculate taxes? You know how it is in Naija with tax.

3. The birth certificates are genuine but they where applied for very much late 3 to 4 years after the birth of the kids which made it look like a foul play. Can applicant just request for Student Profile from the kids school and attach school receipts from kids school? with profile their profile should have there passport and age

4. Generally applicant dont issue receipts and invoices to customer a of time as a freelance person that just takes job. Does applicant have to generate does now? And attach sample of freelance work?

5. Is it advisable to reapply or appeal? Applicant have other travel plans, passport spent 31 days with the embassy already. Should applicant travel with his other visa and appeal very much later or face the appeal squarely before doing other things

Advice please

omo tie, YES. i will let u know asap.thanks so much sir

tEsLim:

The complete refusal transcript

The Decision

You have stated that you are a freelance IT consultant and CG Artist and that you earn Naira 400,000 plus (1612.90+ pounds) per month. However you have submitted no evidence of freelance work, for example your contracts and personal Income Clearance Certificate. I'm therefore not satisfied that your employment and economic circumstances are as claimed. Therefore I'm not satisfied that you are seeking a genuine visit or that you intend to leave the UK at the end of your visit 41(i) and (ii)

You have stated that you have two children in Nigeria and you have submitted their birth circumstances as evidence of your family ties. However I note that their births were not registered until 10.3.11 - a significant number of years after their claimed births. You have produced no reasonable explanation for this delay in registering their births and I am conscious that documents such as this kind are easily generated and readily available in Nigeria I'm therefore not satisfied that your family circumstances are as claimed and this casts doubts on the reason for your visit.Therefore I'm not satisfied that you are seeking a genuine visit or that you intend to leave the UK at the end of your visit 41(i) and (ii)

I have therefore refused your application because I am not satisfied on the balance of probabilities that you meet all of the requirements of the relevant Paragraph of the United Kingdom immigration Rules.

Your right of appeal is limited to the grounds referred to in section 84(i)(c) of the National Immigration and Asylum Act 2002 (www.legislation.gov.uk)

Does the bold part mean applicant should appeal?
1. Applicant sent in TAX revenue receipt but didn't include the CERTIFICATE which I think is the plastic so this time around plastic should be included right?

2. Applicant tax does not corroborate with income is this a problem? Even as it his applicants personal bank statement submitted generates like 1 million naira + monthly though applicant say only 400k is income. Do they calculate taxes? You know how it is in Naija with tax.

3. The birth certificates are genuine but they where applied for very much late 3 to 4 years after the birth of the kids which made it look like a foul play. Can applicant just request for Student Profile from the kids school and attach school receipts from kids school? with profile their profile should have there passport and age

4. Generally applicant dont issue receipts and invoices to customer a of time as a freelance person that just takes job. Does applicant have to generate does now? And attach sample of freelance work?

5. Is it advisable to reapply or appeal? Applicant have other travel plans, passport spent 31 days with the embassy already. Should applicant travel with his other visa and appeal very much later or face the appeal squarely before doing other things

Advice please

Re-apply and make amends as enumerated by the ECO.

As for the birth certificate, you would have to include a letter of explanation with your application that in Nigeria, Birth certificate can be issued by the relevant local government agency/department through the hospital where the child was born and that this cab be issued several years after the date of birth. From your comment, I think the ECO erred in looking at the date of issuance on the certificate instead of the registered date of birth.

Get your tax clearance certificate for 2010 and include it. This document should show all your taxable income in law and the deducted taxes, hence it will help the ECO verify your income earnings claims. Your assertion that your account was bouyant with some 1million naira is not enough evidence that you have the means to sponsor your trip as they are also careful in making sure the source of the money is genuine.

Hello All,

BHC has done it again.

i applied for 2year UK visa and was refused. this wa supposed to be a re-newal as i had previously gotten a 6months visa that i had travlled with 2 twice.

any way i was refused on the grounds that

1. my account balance had N180,000 as of the time of application and i stated that i had N200, 000 for my trip.( i clearly stated that the N200,000 was to be gotten from my August and Septmber salary savings of N100,000 each.)

2. due to the hard ecoomic situation in Nigeria they are not convinced that i will come back.
(i hold a permanaet job in telecoms here in Nigeria. i have been working since 2008. why would i want to live in that cold Uk)

please help. what do i do? review or appeal.

thanks

@ Omo_Tier1 please help with my situation