@neksbabay
Alright then. If the school is willing to send you another letter for april then you should have no problem. I still advice you send an email to the home office stating that bhc is claiming that they are still yet to receive their copy of the determination.

Regarding you and your fiance, honestly i do not know too much regarding immigration laws relating to newly weds. Akolawole and VOR have more expertise in this. However, on the second or third page of this thread, they explained the ILR, FLR, the process involved, etc. You should go through it-you might learn some things there.

Your case is kinda unique. In the next few months, you will have a student visa that will allow you work for just 20hrs but if you apply for the marriage visa, you get 2years with no hindrances to work after which if you show sufficient ties to your husband, you will be given ILR. However, i think you should let BHC know that you are married when you are called upon for your visa. They should document this so that when you later file for marriage status, you wont be accused of lying or failing to disclose this when you got the student visa. They might take into consideration the date on your wedding certificate and the issue date of your student visa.

@neksbabay
Alright then. If the school is willing to send you another letter for april then you should have no problem. I still advice you send an email to the home office stating that bhc is claiming that they are still yet to receive their copy of the determination.

Regarding you and your fiance, honestly i do not know too much regarding immigration laws relating to newly weds. Akolawole and VOR have more expertise in this. However, on the second or third page of this thread, they explained the ILR, FLR, the process involved, etc. You should go through it-you might learn some things there.

Your case is kinda unique. In the next few months, you will have a student visa that will allow you work for just 20hrs but if you apply for the marriage visa, you get 2years with no hindrances to work after which if you show sufficient ties to your husband, you will be given ILR. However, i think you should let BHC know that you are married when you are called upon for your visa. They should document this so that when you later file for marriage status, you wont be accused of lying or failing to disclose this when you got the student visa. They might take into consideration the date on your wedding certificate and the issue date of your student visa.

Nothing else for me to say here. Funkybaby has clearly covered it all here.

thanks alot. i will keep you posted on the outcome.

Hi everyone. I'm so glad I found this thread I could really use some advice on what to do next. Here's my story,

I applied for a visa on the 17th of December 2007. I submitted my bank statements letter from my employer, pay slips, invitation letter and utility bill from my brother in the UK. I had to send an email to the embassy last week to ask why my application was taking so long. They finally replied on Monday telling me it had been processed. I was given no explanation as to why my application was denied as no letter was attached to my passport and the stupid forms they included. I need ur impute on 2 things:

1. Possible reasons why my application was denied and
2. Best advice on how to appeal (cause a lot of people down here keep spending money on lawyers who mess up the whole process for them)

Facts about my back ground are;
1. I work in a credible and well established organisation
2. I earn about 150k monthly
3. My account balance at that time had about 1m in it (I did not boost it )
4. I'm a single parent
5. I have other sources of income as I stated in my form which would have reflected in my statement of accounts
6. I have 2 siblings that were born and raised in the UK

Please advice on what next

@t4tgirl!
You have provided little or no information at all. I will advice that you write what was written on your refusal letter, from there the experts can deal with the cae accordingly.
In summary, What was the ECO'S reason for refusing you?

t4tgirl:

Hi everyone. I'm so glad I found this thread I could really use some advice on what to do next. Here's my story,

I applied for a visa on the 17th of December 2007. I submitted my bank statements letter from my employer, pay slips, invitation letter and utility bill from my brother in the UK. I had to send an email to the embassy last week to ask why my application was taking so long. They finally replied on Monday telling me it had been processed. I was given no explanation as to why my application was denied as no letter was attached to my passport and the stupid forms they included. I need your impute on 2 things:

1. Possible reasons why my application was denied and
2. Best advice on how to appeal (cause a lot of people down here keep spending money on lawyers who mess up the whole process for them)

Facts about my back ground are;
1. I work in a credible and well established organisation
2. I earn about 150k monthly
3. My account balance at that time had about 1m in it (I did not boost it )
4. I'm a single parent
5. I have other sources of income as I stated in my form which would have reflected in my statement of accounts
6. I have 2 siblings that were born and raised in the UK

Please advice on what next

there is really no advice i can give unless you state the contents of the refusal letter.

am surprised a copy of the notice was not included in your application. first time i will be hearing this although i know that BHC could be really clumsy sometimes with documents. i advice that you call BHC and also send them an email that they should send you an email attachment of the refusal notice.

But hey on second thoughts, you applied for the visa 17th December. Today is 22nd February. If you had the option of appealing, you have forfeited it already because i think you are allowed 28 days (i think it is even lesser than this) to appeal against visa decisions.

Anyway, still request for the copy of the refusal letter as it will help you prepare better for your next application.


@all applicants.

these days, visa applications are ready by the second week after submission. do not wait for BHC or VFS to call or text  you. they do not send text notifications to applicants any longer. call them to know the status of your application. this will give you more than enough time to prepare your appeal in event of a visa denial.

Like I said, there was NO REFUSAL LETTER thats why i'm so pissed!!!

I pointed it out the the guys at the visa centre and the said I should call or go to the embassy. Stupid me went there this morning to receive insults from the security guards. They were so mean!!!!!!!!! they didn't even listen to what i was trying to say instead they yelled at me to use the form if I have any complaints!!!

I applied on the 17th of December, but my application was just returned on Monday18th February so I still have time to appeal.

t4tgirl:

I pointed it out the the guys at the visa centre and the said I should call or go to the embassy. Stupid me went there this morning to receive insults from the security guards. They were so mean!!!!!!!!! they didn't even listen to what i was trying to say instead they yelled at me to use the form if I have any complaints!!!

sorry. i can just imagine how you feel. the best thing is to call them or email them, express your annoyance at not seeing your refusal letter in the envelope. no harm in telling them about the attitude of the security men at their office as well. tell them to send the refusal letter to you as an email attachment. it will save you the trouble of having to go to their office again.

t4tgirl:

I applied on the 17th of December, but my application was just returned on Monday18th February so I still have time to appeal.

you may not have time to appeal any longer. let me explain why.

you submitted your application on the 17th of December 2007. Assuming your application was assessed on the 21st of December 2007, which is the date you were denied, the time frame you are allowed to appeal begins from that day. in most cases, BHC will not return the application to VFS until about some 5-7days later. that is another 7days lost from the time you are allowed to appeal.

In your case, you are just collecting your package back which is over two months after you submitted- not forgetting that your notice of refusal is not included. Take into consideration the number of days it will take BHC to reply your mail and email the refusal to you.  Its kinda obvious that you have missed the deadline for appeals to be submitted.

@ funkybaby,
In my own view, I think that the 28 days start reading from the time you pick up your application form from VFS. Not the date the ECO made the decision on applications.

@ funkybaby and t4tgirl,
Further more, I think it is best if she directly makes an appeal now. Forget about going to Walter Carrington to sort out your refusal notice. The security goats will not attend to you. I would therefore suggest she directly makes an appeal to AIT. Write a strongly worded letter about the lackadaisical attitide of the BDHC towards your application. Include the fact that you did not get a refusal notice in your application pack and upon going to the Walter Carrington, you were totally embarassed and shouted upon and treated like a human being not deem for recognition at the British Deputy High Commission in Lagos.

Please make it strongly worded and I am sure before you know it the BDHC will call you to come pick up your visa. You really have nothing to lose in filing the appeal statement to them!

Good luck.

@pataki

hello dearie. how are you doing?

i disagree with you on that.

i attached a copy of an edited refusal letter, so that you can see what i mean. the deadline to appeal starts counting from the date of the decision

what VFS does is that they give applicants a slip stating when the visas should be ready. for a first time visitor, 2-3 weeks, renewal 1 week or sometimes less, students visa, 2-4 weeks, i don't know about the duration of other classes of visa. in cases of express refusal, it is even shorter.

what i don't understand is if applicants ignore this slip and then wait for BHC or VFS to call them. Those people are too busy and they care less.

@pataki
are you now saying that it is possible for an applicant to leave his application pack with VFS for three months, then go to collect it and then wants to appeal against a visa decision taken months back?? the only reason where there is an exemption is only if the applicant can provide enough evidence to prove her reason for not sticking to the deadline and also write another covering letter to AIT stating the reason for submitting the appeal late. that is why i adviced her to email BHC and state her grievances and all that has happened. the email when sent and acknowledged by BHC will stand as evidence aginst BHC during her appeal.

funkybaby:


@pataki
are you now saying that it is possible for an applicant to leave his application pack with VFS for three months, then go to collect it and then wants to appeal against a visa decision taken months back?? the only reason where there is an exemption is only if the applicant can provide enough evidence to prove her reason for not sticking to the deadline and also write another covering letter to AIT stating the reason for submitting the appeal late. that is why i adviced her to email BHC and state her grievances and all that has happened. the email when sent and acknowledged by BHC will stand as evidence aginst BHC during her appeal.

Well I am talking from experiences here. Every case I have seen and some I have handled, I have never taken cognizance as to the date of refusal by the ECO in the refusal notice. This is because often times when decisions are made it may take up to 3 weeks before the VFS receive such an application for return to the applicants. (Even that amount of time is so ridiculous).

And in no instance did the AIT refuse to acknowledge such applications. But that therefore does not mean that applicants should take their applications with levity and allow three months to pass by before they go pickup their pack from VFS.
In fact I find it ridiculous that application pack will lie fallow in the VFS for months.

Just my own views though.


@ Oga Akolawole,

Can you please just state something on this matter. I got your mail oh. Sorry, I hardly open that email address again. I will reply you soonest, also give you my new email address.

If I may wade in here because this is something that equally happened to me,the refusal notice stants counting from the day that it is received,not by the VFS in this case but by the applicant or would be appellant,keep it in mind that the embassy would send an email to the AIT saying that it is an out of time application,send your application directly to the AIT in the UK with an explanation of when you received the refusal notice being different from the day that is noted on the notice,this will enable the AIT to adress the issue immediately rather than send you a letter stating that your application is "out of time"and inviting you to explain the reasons why you think the 28 days havent lapsed.Be factual,make your explanation in dept as pahtakhee suggested and disregard the date written on the notice.Do all of the aforementioned and you just skipped the letter they would have sent asking you to explain why, etc(you get it).

Best of luck.

@pataki
Alright dear. When i am less busy, i will post a link from AIT's site on a case that was thrown out because the applicant did not submit the appeal forms early.

This arguement will be more interesting if VOR and Akolawole can state their own opinion on this issue.

@ariston
Noted. Thanks for your posting.

It still means that the deadline for the appeal forms to reach AIT begins to count from the date on the refusal notice. If it was from the date you collected the application, you will not be sent the 'out of date' notice asking to explain why your application should be considered.

@ariston
Noted. Thanks for your posting.

It still means that the deadline for the appeal forms to reach AIT begins to count from the date on the refusal notice. If it was from the date you collected the application, you will not be sent the 'out of date' notice asking to explain why your application should be considered.

Ariston:

If I may wade in here because this is something that equally happened to me,[b]the refusal notice starts counting from the day that it is received,not by the VFS in this case but by the applicant or would be appellant,[/b]keep it in mind that the embassy would send an email to the AIT saying that it is an out of time application,send your application directly to the AIT in the UK with an explanation of when you received the refusal notice being different from the day that is noted on the notice,this will enable the AIT to adress the issue immediately rather than send you a letter stating that your application is "out of time"and inviting you to explain the reasons why you think the 28 days havent lapsed.[b]Be factual,make your explanation in dept as pahtakhee suggested and disregard the date written on the notice.[/b]Do all of the aforementioned and you just skipped the letter they would have sent asking you to explain why, etc(you get it).

Best of luck.

Many thanks for setting me in the clear here. I should have stated emphatically that the refusal notice starts counting when the applicant/appellant picks up his application pack from the VFS.

funkybaby:

@pataki
Alright dear. When i am less busy, i will post a link from AIT's site on a case that was thrown out because the applicant did not submit the appeal forms early.

This arguement will be more interesting if VOR and Akolawole can state their own opinion on this issue.

Thanks for the call. It really made me happy.

You know it is good if we argue over issues like this. It always enlighten us all the more and more importantly the readers of this thread. Please post the link from AIT. I have not yet recovered from the first link you posted from AIT. It had become the bedrock upon which I have learnt a lot on Appeal proceedings and how to play with words with these guys. How do you come about those links sef? I have tried obtaining it from several law academic sources and through the AIT website to no avail.

As for Akolawole, I am sharing his sentiments over what he raised. When you call me tomorrow, I will tell you more.

@Funkybabay!
I want to agree with Pahtakee on this, the date start counting from the day you collect your application from the VFS.Cuase immediately it will be entered in the system which will mak eit to become a refernce point for who ever is acessing it.
A lot of factors come to play that one cant start counting the refusal notice from the date stamped on the passport(which is mostly laziness on the part of the guys at the commission,they have already apssed a decsion and they are telling you your package has not yet been sent to the VFS).I am talking from experience sha and cause counting from the dates the refusal notice was stamped on the passport, there was no way I could meet up with the appeal, but counting from the day I got my application package from the VFS, i met up with the deadline and even AIT sent a notice of acknowledgement to me stating that they have sent the same letter to BDHC giving them a deadline to send in whatever they call bundle.
In summary sha, it starts counting from the day you collect your application package!

Hi Funky, Pataki et al,

I haven't been posting here consistently for quite a while due to pressing
domestic matters. I do however continue to log in and observe from time
to time.

With regards to the appeal notice and time to appeal. Funky is right, countdown
starts from the date on the appeal notice. However, an appellant is always able to
file a late appeal and all one has to do is provide valid reasons why the appeal
is late. I would argue that not receiving the appeal notice due to the fault of the High
commission is a valid reason. Even if the appeal is late and the High commission does
not raise an objection to the lateness it is unlikely the AIT would reject it outright.

Hope this helps, I will try to post more often, there are plenty of other issues that have come
up on the board and I would like to address.

@Funky and Pataki

Kudos for keeping this thread going.

@VOR

Perpetual absentee.

No comment

@Visa Applicants

It would be extremely difficult for our Experts here to advice you without enough information.

Please dont summarise the refusal for us. GIVE US ALL( but remove your personal details).

@Pataki

As per my email, you can discuss it with our Lady Thatcher.

Funky is 100% RIGHT.

The 28 days policy start on the day the decision was made.

Going down memory lane, There's 28 days and 56 days policy. If the due process has to be followed, 28 days is ONLY VALID if applicants were personally handed the refusal notice BY THE ECO while 56 days could be used if the decision was sent by post.

Could we assume Visa application centre act as the courier or ECO?

@T4tgirl

You dont need to visit the BHC.

Just write like 2 paragraph letter addressed to the Entry clearance Manager.

Send the letter by email and Fax, concluding the letter that "if you dont hear from them within 7 days, you will get in touch with the london office"

Please courtesy demand no vulgar in your letter.

If you hear nothing from them by monday 3rd march, i will give you one email address to contact.

Good luck

Hello people, its me again. I've searched the thread for the home office email address

that attends to issues of non postage of determination to the bhc, since the bhc lagos

claims not to have received my determination atfer 65 days.

Pls could you furnish me with it and any other.

thanks

hello People You guys should come to My Aid,I applied For a student Visa in sept 2007 and Was denied For some Reasons,and Was giving the right to appeal,I sent Out My appeal Through an immgiration lawyer, But uptill date I have Not heard anythig Concering the appeal, I contacted My school and got My addmissin differed and was sent another acceptance letter For June 2008, about to reaply By First week of next Month, guys I need to Know If advisable for me to do that and If I stad a better chance of getting My visa this Time??Peace and Yall remain bless

@Iron Lady Thatcher(Funky)

Na wa o.

1) When you dey come country now? Make we do our so called re-union.

2) Just click on your profile now. Why uno wan make we see your face?

@Neaksbaby

Applicant will always get their Determination before ECO.

ECO dont get theirs by post but via Diplomatic bag.

Fax a copy of your Determination to the BHC but please get the Updated Sponsor's Bank statement and School letter ready for the embassy.

Good luck.

In Nigeria, your 28 days to appeal commences from the day you are called to pick up from the courier. (refer to 1st page of refusal notification for stamped date)

pahtahkee:

. . . You know it is good if we argue over issues like this. It always enlighten us all the more and more importantly the readers of this thread.

Ariston:

If I may wade in here because this is something that equally happened to me,the refusal notice stants counting from the day that it is received,not by the VFS in this case but by the applicant or would be appellant,

CORRECT

pahtahkee:

Many thanks for setting me in the clear here. I should have stated emphatically that the refusal notice starts counting when the applicant/appellant picks up his application pack from the VFS.

CORRECT

ty4real:

@Funkybabay!
I want to agree with Pahtakee on this, the date start counting from the day you collect your application from the VFS.Cuase immediately it will be entered in the system which will mak eit to become a refernce point for who ever is acessing it. . .
In summary sha, it starts counting from the day you collect your application package!

CORRECT

VOR:

Hi Funky, Pataki et al, . . .

With regards to the appeal notice and time to appeal. Funky is right, countdown
starts from the date on the appeal notice.

INCORRECT

Akolawole:


Funky is 100% RIGHT.

The 28 days policy start on the day the decision was made.[

INCORRECT

@neksbabay

If it ain't broke, don't fix it. If they don't ask, don't tell.

You were single when you applied for your visa yonks ago, you are just gonna be getting married this weekend.  Make sure you get yourself fully informed regarding "change of circumstances" If you feel the need to spill.

(congratulations on getting married)