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UK Spouse Visa/Appeal Process-part2 - Travel (23) - Nairaland

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Uk Student Visa/tier 4 Pbs - Your Questions Answered Part2 / General U.s.a (student) Visa Enquiries-part2 / Uk Visa - Visa Appeal Process (2) (3) (4)

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Re: UK Spouse Visa/Appeal Process-part2 by mirabeelz: 11:07pm On May 07, 2013
@betty21
Really sorry to hear about your refusal,first of pleAs bear in mind you are to send all appeal document back to AIT within 28 calendar days and again have the patient and do not reapply as re-applying doesn't qurantee they won't find another faults to refuse you on that,I have seen someone refused twice with two different refusal reasons.So please go for appeal as its appears to be the surest way out..with regards to your hubby being self employed am pretty sure his business is registered in the UK legally with HM revenue and customs,he should have hmrc tax records ,so please be advized to get all relevant additional document to show hubby is legally self employed and again you should be able to show how longs he's been running this business,how much money is available in his personal savings as they mostly doesn't consider business money as personal, in this case if you are able to get these documents rest assured the decision Will be overturn if only the evidence you provide is additional evidence and not new evidence.additional evidence according to ECM guide states there should not be any change in circumstance and these evidence are considered as omitted during original application.additional evidence are considered during appeals and examples of these are birth cert to prove dad n child relationship,a bank account or payslips from dates before decision was made,please do not add any payslips after decision date,be informed that there's basically 19 weeks for your case to be reviewed and though for some cases it takes all the 19weeks,others get their decisions overturned before the said date,two weeks to my 19weeks and still no news,,its sm classy painful act of waiting but it pays..,reaseach more on the internet and Believe The God who has risen and shown lamosy favour Will do same for you,you Will hear frm her soon,,all the best..
Re: UK Spouse Visa/Appeal Process-part2 by betty21: 11:32pm On May 07, 2013
"according to ECM guide states there should not be any change in circumstance and these evidence are considered as omitted during original application.additional evidence are considered during appeals and examples of these are birth cert to prove dad n child relationship,a bank account or payslips from dates before decision was made,please do not add any payslips after decision date,"

Dear meerbelz , does this mean that I can't add additional uptodate payslips or bank account , that anyadditional doc must be within the period of my application? Eg , if my application was in jan , I can't appeal with feb statement of account . The reason am asking this is , my husband earned more more after the application so , if the court was right with us not being finacially stable. The additional documents such as updated statements may help. Pls what do u think ?
Re: UK Spouse Visa/Appeal Process-part2 by mirabeelz: 11:46pm On May 07, 2013
Dear betty21
This is how I mean,you are allowed to add additional and relevant document as its even adviced in your notice of refusal letter to do so,what I mean by new evidence is including a payslip or an account statement that is dated after the decision is made,if you applied.in Jan and got decision in march,you can't appeal.with payslips from April and may but you can apply with payslips that were not included in the original application before march,the ECM guide disregard evidence that sterns after a decision is made but also if the document you are adding explains or throw more light on a document you had used for the original.application its to be considered,I Will paste you the link to ECM so you understand how I mean.hope this helps and also know that God.is on your side..do not fret,all is well
Re: UK Spouse Visa/Appeal Process-part2 by betty21: 11:53pm On May 07, 2013
"There is a distinction to be made between new evidence and additional evidence.

New evidence:

New evidence which postdates the decision cannot be considered by the ECM.  This evidence should be acknowledged in the Review and the ECM should indicate that this should be used to support a fresh application.

Examples of new evidence

These are common examples and are not an exhaustive list.

Unexpected increase in funds postdating the decision.
Sponsor obtains new employment that was not engaged in / expected at the date of decision.
An offer of accommodation which was not available at date of decision.
A new sponsor appears in the grounds of appeal. This is not reasonably foreseeable.
Additional evidence:

If evidence relating to the initial application is submitted with the appeal this should be taken into account by the ECM. The most common instances of additional evidence will be documents that the appellant omitted to include with the application.

Examples of additional evidence

These are common examples and are not an exhaustive list.

A bank statement issued after the date of decision that shows a satisfactory balance on or leading up to the date of decision.
Satisfactory evidence of accommodation submitted by the sponsor relevant to the decision.
Evidence of employment at the date of decision which was omitted from the original application.
A birtFFh certificate evidencing the relationship of parties which was not produced at the time of decision."

According to dis what I have is new evidence not additional evidence ad , so I guess I must reapply according to my husband , even if he submits the old doc payslip its not strong enough to exceed d finiacial requirement. Pls advice
Re: UK Spouse Visa/Appeal Process-part2 by mirabeelz: 12:03am On May 08, 2013
Betty
Am glad you got that,please listen to me,do not make any haste decision to reapply,I was only helping you to make sure you do not step out of line,depending on how you introduce an evidence makes it new or additional,please and please just calm down and do not consider reapplying for now,work around the appeal thing,you have a lot of experienced forum mate here to help and above it all papa God on your side..You just can't Jump and conclude like that and give up.I do not know what document you have or what you saw that made you say yours new,but whatever it is please I do need you to start gathering all relevant document available to you,when you through with that please get back here and lets discuss it ok,forget about reapplying for now,not an option now,,you have 28 days so please let's get somthing done,it doesn't hurt to appeal.
Are you using a solicitor to appeal or you doing it yourself?
Re: UK Spouse Visa/Appeal Process-part2 by mirabeelz: 12:38am On May 08, 2013
@Supermario
It's been a while,any news yet??..
Re: UK Spouse Visa/Appeal Process-part2 by johnwray: 1:36am On May 08, 2013
@ Betty

Mirabeelz is absolutely right about additional evidence. The only time a post dated evidence is accepted is if you provided one previously but it was in the wrong format e.g., if you provided letter from employer but it did not contain the necessary information required by ECO to make decision. In this case, you are allowed to get another letter from the same employer. As for post-dated bank statements, there is a very slim chance of ECO looking at them. It all depends on how you present your case.
You said you have stopped working and so unable to provide payslips for re-application. I suggest you appeal the refusal but make sure you address all the points mentioned within the refusal and back them up with evidence.
The best way to appeal is by first writing a personal statement. within this statement, you will tackle the refusal points in bullet points and always refer to the evidence documents enclosed.
Once you are done with the appeal, it takes 4 - 6 weeks before AIT sends it off for ECM review, although it could take longer. BUT there is a way around this time frame. You cannot do anything until AIT confirms your payment. As soon as the payment leaves your account, you need to write (e-mail) them and request that your bundle be sent off for review. In this e-mail, you must state your dissatisfaction with the level of service and make sure you mention "that this is a paid service". it takes around 7 - 10 days to get a response from them and it takes around 3 - 5 days for them to update their system after payment has left your account. By the time they read this email, payment must have shown on their system so they will place an e-mail to the department in charge of sending your document off for ECM review. Make the e-mail very strong.
I will give u further information on how to shorten the ECM review time frame. It is stressful but worth it.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 5:48am On May 08, 2013
@Betty21

I am very sorry about your present situation. Its not in my character to delay in replying one's mail. My internet was slow yesterday. I sincerely apologise. What Mirabeelz and johnwray said are very correct. Matadaz is sweet also. You see how we work as a team. We are always there for each other. Yes I know your husband is self employed and he provided bank statement of his company, ECO's priory is your husbands personal a/c, the amount he set aside for himself and his up keep is what the ECO want to see in black and white in order to find out if he can meet up with his responsibilities(that's you).

Reapplying as for me isn't a good option, because your case is a little bit complex. ECO can fault you in another way you won't believe it. But you have a choice to make whether to reapply or appeal directly. Reapplying means you have the exact documents requested by the ECO. Your husband should have a Company Registration letter from HM Revenue and Custom. He should liaise with accountant to help him work out his personal up keep. Get a reputable lawyer to sort out the appeal for you so you don't make mistake. Your husband will also write a covering letter regarding his status, how he manages his business to meet up his responsibilities. You should use a lawyer in this case. The Lord make a way when there's no way, for the Bible says he's the Way the Truth and the Life. Your case will receive life in Jesus name...Amen. Don't panic ok. I know its hard, easier said than done. But God is your hope. Take care. I'm with you in Truth and in spirit. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by shah39: 7:35am On May 08, 2013
Hi Lamosy. i have recently won admin review tier 4 program. now i have been asked to submit passport Tb test and new CAS and with successful admin review e mail . then they will be able to proceed apllication further. Now i am pregnant and just confuse that is there any problem in visa as recently won admin review. my husband also in dependent visa he will also go with me. thanks pls answer.
Re: UK Spouse Visa/Appeal Process-part2 by betty21: 8:21am On May 08, 2013
@johnwerk , lamosy and mirabeelz:thank you so sos so much for your response , I am in nigeria and my husband is in uk . I submited his p60, letter from his acctountant , his work bank statements , his personal bank statement , what's I didn't submit that the embassy noted washis payslip and that his company acct statement was for one year which ended april 2012,(I asked my husband why its 2012 and he explained that one full year ends at april in uk)how ever the money he put as his income per annum doesn't cover it (hence we need to add the new evidence) we thought the embaasy would investigate his account and notice the increase after the next tax year(not sure am using d rightword)after reading the ECM we notice what we have was new evidence not additional , the only additional evidence we can add would be an employment letter and payslip , which we can't create since he own his company and can't give himself payslips and an employment letter . Pls pls advice me , we are also working on getting a lawyer, as my 28days is almost over , we got the letter 2 weeks late
Re: UK Spouse Visa/Appeal Process-part2 by mirabeelz: 8:29am On May 08, 2013
@shah39
Justwise asked you a vital question you have not answered yet,If you were pregnant before applying am pretty sure you were given a chance on the application form to declare any additional information which failure to do so can be taken for disloyalty.But if you were not and got pregnant after applying and after going for the admin review,then you have done nothing wrong or breached no rule,but you can do something right by informing them about a change in your circumstance thus you being pregnant as failure to do so MAY have repercussions..In your case they are ready to give you the visas so just make sure you keep it real and open with them so you be on the safer side.Theses people are capable of anything..

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Re: UK Spouse Visa/Appeal Process-part2 by Matadaz(m): 10:29am On May 08, 2013
@Johnwray

pls,I like to know if it possible to email the ECM to shorten the ECM review time frame ?.I'm in like the 15wks of the 19wks waiting period,that is minus the time I wasted b4 my appeal was allowed to go ahead,I just dey tired of waiting.

@Justwise,Lamosy,Mirabeelz and Supermario ,I Salute oo.

@Betty 21,kindly try take to what guys are saying here.

TAk Kia
Re: UK Spouse Visa/Appeal Process-part2 by shah39: 10:46am On May 08, 2013
yes got pregnany after plying visa and after login admin review. i will submit new tb test where i will update pregnancy status yes. after won admin review will embassy issue me visa?
Re: UK Spouse Visa/Appeal Process-part2 by betty21: 11:36am On May 08, 2013
Thank you so much , would wait for my hubby to consult the lawyer. Pls @lamosy can u send me Ur email
Re: UK Spouse Visa/Appeal Process-part2 by worry359(m): 12:14pm On May 08, 2013
shah39: yes got pregnany after plying visa and after login admin review. i will submit new tb test where i will update pregnancy status yes. after won admin review will embassy issue me visa?
You should be refused.
How can you have baby and study at the same time?
Who will pay for health care ou or UK tax payers?
How will husband live?
Do you have money for housing, medical, food and school?
Re: UK Spouse Visa/Appeal Process-part2 by shah39: 12:30pm On May 08, 2013
my husband going with me and we have enough money and having good source of income. i am doctor and my husband will also do job after coming from university. day care center also available
Re: UK Spouse Visa/Appeal Process-part2 by johnwray: 1:15pm On May 08, 2013
@ Betty

No one knows exactly why you were refused because it is not clear from your explanation. Your husband is right about the UK tax yr ending 5th April each year. You said you submitted Company bank statement up to April 2012 only. This is not enough. I understand you also sent his personal bank statements and i presume these covered the period between April 2012 to the date you made your application. If this is the case, the ECO has the right to ask questions regarding payslip. Perhaps your husband paid himself thru the Company accounts. You need to provide a clear picture of this case for people to help you properly. If your husband owns the business, he will have certificate of Incorporation. The certificate will show his name as the director, date of incorporation and also the company number. The company will also be listed on http://www.companieshouse.gov.uk/ with his name as director. In addition to his up to date company bank statements, he needs to provide evidence of turnover within the last 12 months + employer/sales tax record from HMRC. From this two, he or his accountant can work out his net profit within the last 12 months. His net profit + tax paid (for sales only) should be equal to/above the 18,600 threshold. Note: tax paid on behalf of his employee (if he has any) does not count because these are employee tax. I hope this makes sense.
Re: UK Spouse Visa/Appeal Process-part2 by johnwray: 1:24pm On May 08, 2013
@ Betty

As for the appeal deadline, you can do the online appeal now without the supporting documents. Just specify that you will be sending further documents later. You will get an appeal reference number which you will attach to your evidence documents later. This way they can match the documents with your appeal file.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 1:58pm On May 08, 2013
@shah39

I remembered you said you won Administrative review last month that you was told to submit Admin success email, CAS, and Passport. Now they asked you to submit TB result along with the others. If you're able to provide all these documents you will be granted Visa. But now you're pregnant and your husband depend on you, that means your circumstance have changed because of baby issue, baby issue is a big deal to the ECO and he or she must ask questions regarding fund since you have a dependent. To be honest with you I can not tell you the outcome, but God who judged in your favour will grant you that Visa in Jesus name....Amen. It is better to disclose your prenancy if you don't it will affect you, the TRUTH shall set you free....trust God. He will perfect it for you in no time. Be ready to submit another statement of account, because you maybe asked to provide adequate fund to show you can fend for baby and dependent, because there shouldn't be any recourse to public fund. Read Psalm 123, 20 and Exodus 14:10-14. Use this as a prayer point God will surely change their mind, and they will over look any obstacle regarding your case in Jesus name...Amen. Have a good day. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 2:21pm On May 08, 2013
@Betty21

Appeal is the only option here. A lawyer can advice you better. Tell your husband to visit a lawyer immediately in order to have the insight of what to provide. Lawyers have dealt with series of cases like yours, so they are in a better position to advise you more on what to provide so that your husband will make haste while the sun shine because time is ticking fast, because to get certain documents in UK it does take time. The heart of the ECO is in the hand of the Lord he will turn that heart to favour you in Jesus name...Amen. The lawyer will also write a covering letter to address their decision to refuse you visa. Nice day baby. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by betty21: 3:05pm On May 08, 2013
@lamosy and @johnwray pls can I have your email.i would love to send u the refusal letter which I can't paste here .thank you
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 3:12pm On May 08, 2013
@matadaz

I've not prepared anything yet. I'm still waiting to be called. I will definitely be here for my fellow forum mate till they all get their visas, cos they were all there for me. I love you all. You can Email the ECM that's if you'll get a reply. Did you apply in Nigeria? If yes, ring Visa section and enquire about your appeal review case, that was how I asked about mine and I got a positive news. Mirabeelz equally rang them too was told to give them 20 days, her case will soon come to an end I'm doing midnight prayer for all forum mate. Take care. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by shah39: 3:22pm On May 08, 2013
@ lamosy . No my husband is sponser and he is funding and having good ource of income and property docs. they did not demand any extra docs to me. and i will grant 12 month visa and after having baby their i can submit baby immigration application.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 3:22pm On May 08, 2013
@Betty21

I've replied you darling.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 3:54pm On May 08, 2013
@shah39

Since husband is sponsoring you fair enough, they may ask for statement of a/c just as a proof of having more fund for up keep. If your pregnancy is pronounced you have to disclose it, failure can put your visa position in jeopardy. Does your husband live in the UK or Nigeria? Child care is very expensive in UK, the child may not give you the time to work sometimes not able to attend classes. Child care in UK is highly demanding if you don't show absolute care social services will take your child away from you. I can see your course is just a year. Wish you good luck. May God be your defender in this crucial period. Take care. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by shah39: 4:22pm On May 08, 2013
No my husband and me both are in pakistan and my husband also going with me for look after. pregnancy is in innitial stages. hopefully there will b no problem. where GOD help u in admin review will also help in this stagr as GOD is always wid us.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 5:26pm On May 08, 2013
@shah39

God is the greatest he will help you if you believe and have faith. I could tell you have the faith and you will receive inshallah. Have a good day. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by Matadaz(m): 8:00pm On May 08, 2013
@ Lamosy

I believe very soon,U will start parking Ur bags.
Thanx alot for the info,I applied in Nigeria.I will be ringing the Visa Section next week.

Tak Kia
Re: UK Spouse Visa/Appeal Process-part2 by mirabeelz: 9:35pm On May 08, 2013
@Lamosy
In Jesus name,amen n amen,I just can't wait for this 19weeks to be over and get to have initial refusal decision overturned,,I step forward and receive my visa in Jesus name,amen,,two weeks more to go..,God bless you for the prayers and love you have shown all of us..you indeed a blessing..its always good too see you n hear from you...you are favored..
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 10:20pm On May 08, 2013
@mirabeelz

How are you doing? Good advice you gave, lovely, keep it up. How has it been? Take care. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by lamosy(f): 10:40pm On May 08, 2013
@mirabeelz

Don't mention, its my pleasure. I'm suppose to love my neighbour as myself. So what is good for the geese is good for the gander. The way they overturn my refusal that same way is good for mirabeelz, matadaz, kutklose, TinyO, and others. By so doing it makes the world a better place with peace. So I will not relent until its over. Love you all. Cheers.
Re: UK Spouse Visa/Appeal Process-part2 by bubblygirl78: 11:11pm On May 08, 2013
lamosy: @mirabeelz

Don't mention, its my pleasure. I'm suppose to love my neighbour as myself. So what is good for the geese is good for the gander. The way they overturn my refusal that same way is good for mirabeelz, matadaz, kutklose, TinyO, and others. By so doing it makes the world a better place with peace. So I will not relent until its over. Love you all. Cheers.
lamosy: @mirabeelz

Don't mention, its my pleasure. I'm suppose to love my neighbour as myself. So what is good for the geese is good for the gander. The way they overturn my refusal that same way is good for mirabeelz, matadaz, kutklose, TinyO, and others. By so doing it makes the world a better place with peace. So I will not relent until its over. Love you all. Cheers.

Hi Lamosy. Congrats!!!!! I don't know how to express my joy for u. I'm so happy for u cos like I told u before u are such a wonderful woman. I can't wait for u to go and meet your husband. Lol.

I'm still here. Trying to keep myself busy here in Lagos. My own 19weeks expires first week in July. But all my hope is in God that He will perfect it so I just try to remove my mind from it except when I'm praying abt it (which is all the time. Lol).

So glad for u girl...... Congrats once again.

And for all of us are that are still waiting I use Lamosy as a point of contact and I know God will do our for us sooner than we even expect in Jesus name. Amen.

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