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Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 12:30pm On Nov 05, 2016
anyichi16:
This forum is so nice to me. I come here to draw comfort after reading the posts of everyone who are almost in the shoe with me. Five months have passed by after submission but I'm still waiting patiently. Although I need to change oil. It's full now. Wife is alone in the UK this winter. But there is God ! cheesy

No Kazeem's around your neighborhood for the engine service or oil change?
Not unless its the condensed milk variety, you want to change............
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 2:35pm On Nov 05, 2016
abakilikiboy:

Thanks Benz101
We actually divorced before getting my permanent residence. This is the breakdown :
-We divorced in September 2015.
- I applied for my permanent residence October 2015
-Granted in April 2016.
Am not going to do their application until after my British citizenship which is due in April 2017.
The earliest I can do their application is around July or August 2017.

I just want to cease the opportunity in January 2017 to do my registry since I will be in Nigeria for holiday and to start putting the all necessary documents together before then.

You may have to reconsider that, if you applied for naturalisation by April you will get the result by July or August then citizenship ceremony date will be a month after that(Depending on your city council ) After the ceremony you will then apply for British passport using the citizenship certificate given to your during the ceremony. British passport application takes average of 3months though mine took less because i was able to get a closer date for the interview but others waited for 3 months before they got the passport.
Re: UK Spouse Visa/Appeal Process-part2 by Nikesteve: 4:44pm On Nov 05, 2016
Lexusgs430:


A one way ticket might be £450, while a return is £500. Does the traveler know if after one year, Nigeria itch would be scratching them?
Save the £50 and buy one way (that's what I would do, when Nikesteve finds me a lady in the uk)........
abi o I will look for that for you lolz
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 5:17pm On Nov 05, 2016
Nikesteve:
abi o I will look for that for you lolz

13 more days before your departure. Would be expecting my Orente gift from you ........................ LOL
Re: UK Spouse Visa/Appeal Process-part2 by Nikesteve: 8:39pm On Nov 05, 2016
Yes o 13more days .....
Re: UK Spouse Visa/Appeal Process-part2 by Uchman365: 5:09pm On Nov 06, 2016
wallg123:
Good Morning guys,

Please a quick question: Who has travelled with Air Maroc before?, Can they be recommended?. They seem to be the most pocket friendly Airline to LHR. .... If they not good let me stick with Lufthansa ............Your urgent advice is needed so i can book flight today..... Thanks

Absolutely nothing wrong with Air Maroc, that's what I booked for my wife as it was £150 cheaper than the nearest quote from other airlines. It was a smooth trip with only 1.30hr stopover. No issues at all.
Abeg I'm not paying £500-£600 for one way flight!
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 5:17pm On Nov 06, 2016
Uchman365:


Absolutely nothing wrong with Air Maroc, that's what I booked for my wife as it was £150 cheaper than the nearest quote from other airlines. It was a smooth trip with only 1.30hr stopover. No issues at all.
Abeg I'm not paying £500-£600 for one way flight!

I thought you were not meant to equate or quantify your very special wife financially.
Is your wife not worth more than £600?
Re: UK Spouse Visa/Appeal Process-part2 by Uchman365: 10:35pm On Nov 06, 2016
Lexusgs430:


I thought you were not meant to equate or quantify your very special wife financially.
Is your wife not worth more than £600?

Abeg, the money I saved, she's spent it on shopping already, anyway. Lol
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 10:38pm On Nov 06, 2016
Uchman365:


Abeg, the money I saved, she's spent it on shopping already, anyway. Lol

Is that what you told her?
Re: UK Spouse Visa/Appeal Process-part2 by Foreveryours201: 4:50pm On Nov 07, 2016
Hopefully, I am posting in the right section and the right thread. Gurus in the house, please help.

I am UK citizen and my hubby and I applied for a settlement visa for him to come and join me in the UK as I am presently pregnant and my mum has been diagnosed with a terminal illness. We just received the decision notice of a refusal. The grounds of refusal were:

1. You have stated that you intend to live with your wife in rented accommodation at (address). However, you have submitted no evidence of this property including a document from the council confirming that it is currently rented by your wife and that it is acceptable for you to join her there. I acknowledge that you have stated in a letter that you have submitted utility bills for this property however, these are not included in your application. I am therefore not satisfied that there will be adequately accommodation without recourse to public funds... I therefore refuse your application
- I submitted Council Tax bill; Gas Bill, Electric bill; Rent account statement. The council won't write a letter to say it is OK for a person to come and live in a tenant's accommodation, they only advised me to inform them once my husband comes to live with me.

2. They also stated he is not exempt from English Language requirements as he is not a national of a majority English speaking country.
-Hubby submitted his original BA Degree cert from Covenant University with a letter from the University confirming his degree was both taught and examined in English.

at the end of the refusal letter, it states, 'while you have provided some of the necessary specified evidence, the documentation submitted does not fully show that your sponsor's income is as stated. I am therefore, satisfied that my decision not to allow evidential flexibility in your case is in accordance with the law'.
- I submitted 7 stamped and signed payslips from my employer; P60 for the most recent financial year; letter from my employer to confirm my position, salary and even a breakdown of the 7 months payslips provided, I also submitted my bank statements and highlighted where my salary comes in (I have been working for my employer for 8 years).

It also states, 'I do not consider there are any exceptional circumstances which, consistent with the right to respect for family life contained in Article 8 of the European Convention on Human Rights, might warrant a grant of entry clearance outside the immigration rules.

The right of appeal:
You are entitled to appeal against this decision under section 82(1) of the Nationality Immigration and Asylum Act 2002. if you wish to appeal you must complete the attached IAFT 6 Notice of appeal from.


My question is, what should we do now, because we definitely submitted all documents regarding financial requirements and I meet them as I earn way above the £18,600 and there are no dependants that were a part of the application. It also appears they have missed the bills that were also submitted.

I have looked at the appeals form, it states it costs £490 for a paper hearing and £800 for a oral hearing. These fees went up after 10th October 2016 (Just our luck!).
Also, can I complete the appeal form on his behalf and send from UK? And is it acceptable for me, his sponsor, to be his representative?
Need as much advise and to be pointed in the right direction as possible.

Sorry for the long winded post and well done for all your hard work.
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 5:05pm On Nov 07, 2016
Foreveryours201:
Hopefully, I am posting in the right section and the right thread. Gurus in the house, please help.

I am UK citizen and my hubby and I applied for a settlement visa for him to come and join me in the UK as I am presently pregnant and my mum has been diagnosed with a terminal illness. We just received the decision notice of a refusal. The grounds of refusal were:

1. You have stated that you intend to live with your wife in rented accommodation at (address). However, you have submitted no evidence of this property including a document from the council confirming that it is currently rented by your wife and that it is acceptable for you to join her there. I acknowledge that you have stated in a letter that you have submitted utility bills for this property however, these are not included in your application. I am therefore not satisfied that there will be adequately accommodation without recourse to public funds... I therefore refuse your application
- I submitted Council Tax bill; Gas Bill, Electric bill; Rent account statement. The council won't write a letter to say it is OK for a person to come and live in a tenant's accommodation, they only advised me to inform them once my husband comes to live with me.

2. They also stated he is not exempt from English Language requirements as he is not a national of a majority English speaking country.
-Hubby submitted his original BA Degree cert from Covenant University with a letter from the University confirming his degree was both taught and examined in English.

at the end of the refusal letter, it states, 'while you have provided some of the necessary specified evidence, the documentation submitted does not fully show that your sponsor's income is as stated. I am therefore, satisfied that my decision not to allow evidential flexibility in your case is in accordance with the law'.
- I submitted 7 stamped and signed payslips from my employer; P60 for the most recent financial year; letter from my employer to confirm my position, salary and even a breakdown of the 7 months payslips provided, I also submitted my bank statements and highlighted where my salary comes in (I have been working for my employer for 8 years).

It also states, 'I do not consider there are any exceptional circumstances which, consistent with the right to respect for family life contained in Article 8 of the European Convention on Human Rights, might warrant a grant of entry clearance outside the immigration rules.

The right of appeal:
You are entitled to appeal against this decision under section 82(1) of the Nationality Immigration and Asylum Act 2002. if you wish to appeal you must complete the attached IAFT 6 Notice of appeal from.


My question is, what should we do now, because we definitely submitted all documents regarding financial requirements and I meet them as I earn way above the £18,600 and there are no dependants that were a part of the application. It also appears they have missed the bills that were also submitted.

I have looked at the appeals form, it states it costs £490 for a paper hearing and £800 for a oral hearing. These fees went up after 10th October 2016 (Just our luck!).
Also, can I complete the appeal form on his behalf and send from UK? And is it acceptable for me, his sponsor, to be his representative?
Need as much advise and to be pointed in the right direction as possible.

Sorry for the long winded post and well done for all your hard work.

Hi, Sorry to hear about your Mum's prognosis.
(1)Is the council property in your name or sublet to you ?
(2)Do you know why the highlighted was stated ?
(3) Looks like your utility bill, was either not submitted or not seen
(4) The tenancy agreement would say the owner/occupier and if you asked your housing officer, a letter would be issued
(5)Regarding the English language test, worst case scenario. You pay for an english test (to keep them quiet) Its either they don't recognize the university or they simply did not look through the document. (did your husband collect the letter personally or proxy?)
NB : The appeal process might be the cheaper option, but be prepared to wait over a year, before you get an appeal date.
Re: UK Spouse Visa/Appeal Process-part2 by oladunni4real: 6:09pm On Nov 07, 2016
this is serious,.... am not one of the gurus here, but there is a lot more going on with this application.
Foreveryours201:
Appealing have always heard takes a longgggggg time,and I think the best thing is to get all documents in order again and re-apply.It takes a lot but that is the best thing to do.

I will advice your husband takes the English Language test to avoid all reasonable doubt from the entry clearance officer.
But what I don't get is this part the documentation submitted does not fully show that your sponsor's income is as stated

Lastly, is the property yours? If not you do have to get a letter that says it is OK to bring him in, and probably do an inspection to clear all doubts.
please if am wrong house, do correct me.
Re: UK Spouse Visa/Appeal Process-part2 by Foreveryours201: 7:28pm On Nov 07, 2016
Lexusgs430:


Hi, Sorry to hear about your Mum's prognosis.
(1)Is the council property in your name or sublet to you ?
(2)Do you know why the highlighted was stated ?
(3) Looks like your utility bill, was either not submitted or not seen
(4) The tenancy agreement would say the owner/occupier and if you asked your housing officer, a letter would be issued
(5)Regarding the English language test, worst case scenario. You pay for an english test (to keep them quiet) Its either they don't recognize the university or they simply did not look through the document. (did your husband collect the letter personally or proxy?)
NB : The appeal process might be the cheaper option, but be prepared to wait over a year, before you get an appeal date.

Hi There,

Thanks.
1. The property is in my name and has been since 2007.
2. I am unsure why this was stated. I submitted 7 months payslips that was issued, signed and stamped by my employer. My employer also wrote a letter confirming my position, salary, length of service and even listed earnings for the 7 months reflecting the payslip. I also submitted my P60 (which also showed my salary. In addition i submitted my bank statement and highlighted my salary that is paid in.
3. I definitely submitted the bills, so I will go with the fact that they did not see them.
4. The tenancy manager has stated and I called him again today, that he cannot specify that my spouse can come and live with me, he can only state that I am the tenant, how long i have been the tenant and how many rooms there,which is reflected in a tenancy agreement of course.
5. Hubby submitted degree certificate with a letter from his University confirming his degree was taught and examined in English.

I know the appeal process is long. I am just unsure of the actual process. One cannot submit new information? Or I can if it it backs up previously submitted information with the application?
Re: UK Spouse Visa/Appeal Process-part2 by Nikesteve: 7:49pm On Nov 07, 2016
A one way ticket is 553£ Turkish airline
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 8:03pm On Nov 07, 2016
Foreveryours201:


Hi There,

Thanks.
1. The property is in my name and has been since 2007.
2. I am unsure why this was stated. I submitted 7 months payslips that was issued, signed and stamped by my employer. My employer also wrote a letter confirming my position, salary, length of service and even listed earnings for the 7 months reflecting the payslip. I also submitted my P60 (which also showed my salary. In addition i submitted my bank statement and highlighted my salary that is paid in.
3. I definitely submitted the bills, so I will go with the fact that they did not see them.
4. The tenancy manager has stated and I called him again today, that he cannot specify that my spouse can come and live with me, he can only state that I am the tenant, how long i have been the tenant and how many rooms there,which is reflected in a tenancy agreement of course.
5. Hubby submitted degree certificate with a letter from his University confirming his degree was taught and examined in English.

I know the appeal process is long. I am just unsure of the actual process. One cannot submit new information? Or I can if it it backs up previously submitted information with the application?

The attached form IAFT 6, is the form you need to fill. Read the attached leaflet for direction.
Wallg123 - Would come to your aid
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 8:06pm On Nov 07, 2016
Wallg123 - One damsel needs your attention on appeal process.
You seem to be the latest appeal success story. Over to you wallg123.......
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 8:09pm On Nov 07, 2016
Nikesteve:
A one way ticket is 553£ Turkish airline

What about Arik, Medview, Virgin, KLM & BA?
Re: UK Spouse Visa/Appeal Process-part2 by Benz101: 8:10pm On Nov 07, 2016
@foreveryours201,
Sorry about the refusal and the ill health of your mum. Regarding the English requirement, Nigeria is not recognized as a Majority English speaking country. Since you use the degree criteria to meet the english language requirement, you should have had it assessed by NARIC. All your husband needed to do was to get his degree cert., letter confirm english proficiency, and your husband's academic transcript. Your husband only need to create an account with NARIC and upload these documents, pay about 56gbp, and the certificate will be with you provided you use your UK address.

Secondly, regarding getting a letter from your property manager, I guess he is just scared. You only need to let him use the condition statement or clause "If your husband is been granted the visa that entitles him to live and work in the UK". I guess that will solve it. Also know that this is your entitlement.

Thirdly, if you submitted all the documents that they claim you did not submit, accept it. Have this in mind that most caseworkers are not educated and professionals. They have in the past used someone's decision for my wife. we made a laugh of the refusal letter. Just know that these people are under pressure and careless of the emotional torture applicants go through.

My candid advise is in agreement with Lexusgs430 advise. Just address the reasons on the refusal letter and reapply. If you read through the first page to the present page, I don't think you will want to go through the appeal process. All the best.
Re: UK Spouse Visa/Appeal Process-part2 by Foreveryours201: 8:15pm On Nov 07, 2016
Lexusgs430:


The attached form IAFT 6, is the form you need to fill. Read the attached leaflet for direction.
Wallg123 - Would come to your aid

Thank you. I have just looked at the form and guidance. However, I am not sure to appeal on Human Rights Decision or EEA Decision?? undecided
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 8:32pm On Nov 07, 2016
Foreveryours201:


Thank you. I have just looked at the form and guidance. However, I am not sure to appeal on Human Rights Decision or EEA Decision?? undecided

I can already smell wallg123................ He is presently reading and preparing a response........
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 8:33pm On Nov 07, 2016
Foreveryours201:
Hopefully, I am posting in the right section and the right thread. Gurus in the house, please help.

I am UK citizen and my hubby and I applied for a settlement visa for him to come and join me in the UK as I am presently pregnant and my mum has been diagnosed with a terminal illness. We just received the decision notice of a refusal. The grounds of refusal were:

1. You have stated that you intend to live with your wife in rented accommodation at (address). However, you have submitted no evidence of this property including a document from the council confirming that it is currently rented by your wife and that it is acceptable for you to join her there. I acknowledge that you have stated in a letter that you have submitted utility bills for this property however, these are not included in your application. I am therefore not satisfied that there will be adequately accommodation without recourse to public funds... I therefore refuse your application
- I submitted Council Tax bill; Gas Bill, Electric bill; Rent account statement. The council won't write a letter to say it is OK for a person to come and live in a tenant's accommodation, they only advised me to inform them once my husband comes to live with me.

2. They also stated he is not exempt from English Language requirements as he is not a national of a majority English speaking country.
-Hubby submitted his original BA Degree cert from Covenant University with a letter from the University confirming his degree was both taught and examined in English.

at the end of the refusal letter, it states, 'while you have provided some of the necessary specified evidence, the documentation submitted does not fully show that your sponsor's income is as stated. I am therefore, satisfied that my decision not to allow evidential flexibility in your case is in accordance with the law'.
- I submitted 7 stamped and signed payslips from my employer; P60 for the most recent financial year; letter from my employer to confirm my position, salary and even a breakdown of the 7 months payslips provided, I also submitted my bank statements and highlighted where my salary comes in (I have been working for my employer for 8 years).

It also states, 'I do not consider there are any exceptional circumstances which, consistent with the right to respect for family life contained in Article 8 of the European Convention on Human Rights, might warrant a grant of entry clearance outside the immigration rules.

The right of appeal:
You are entitled to appeal against this decision under section 82(1) of the Nationality Immigration and Asylum Act 2002. if you wish to appeal you must complete the attached IAFT 6 Notice of appeal from.


My question is, what should we do now, because we definitely submitted all documents regarding financial requirements and I meet them as I earn way above the £18,600 and there are no dependants that were a part of the application. It also appears they have missed the bills that were also submitted.

I have looked at the appeals form, it states it costs £490 for a paper hearing and £800 for a oral hearing. These fees went up after 10th October 2016 (Just our luck!).
Also, can I complete the appeal form on his behalf and send from UK? And is it acceptable for me, his sponsor, to be his representative?
Need as much advise and to be pointed in the right direction as possible.

Sorry for the long winded post and well done for all your hard work.

Sadly appeal takes ages now and you are pregnant and wouldn't want to go through the hassle of waiting for at least a year to sort it out, it's a winnable case.

Reapplying will be quicker and could be sorted out within three months.

Their decision on your hubby's English language qualification is an insult because many Nigerians have used their degree qualification as a proof before AND ukba guildline supported that.

Did you add your tenancy agreement during the application?
Re: UK Spouse Visa/Appeal Process-part2 by anyichi16: 9:02pm On Nov 07, 2016
I am somewhat scared. Please I want everyone especially Lexus to help me have a look on these supporting documents I submitted.
Msc certificate from UK(2016) as proof of English
B.Eng Certificate from Nigeria University
Spouse seven months payslips
P60
Spouse Bank Statement
Spouse Contract letter
Spouse Employment Letter
WhatsApp call/chat logs(2015-2016)
Skype call/chat log(2013- 2016)
Email chat log(2010-2016)
Phone logs(2013-2016)
Engagement Pictures
Traditional marriage pictures
Wedding pictures
General visit pictures
Wedding invitation
Flight tickets (2006-2016)
Call cards from UK
Support letter from spouse
Consent letter from spouse father to live in the family house
Energy bills for two years on the house address
Spouse father's copy of British passport
House registery document
Letter from HMRC to prove that spouse lives in the address
Copies of spouse British and naija passport

Please gurus make una help me look am. I just dey panic for fear.
Re: UK Spouse Visa/Appeal Process-part2 by Foreveryours201: 9:06pm On Nov 07, 2016
justwise:


Sadly appeal takes ages now and you are pregnant and wouldn't want to go through the hassle of waiting for at least a year to sort it out, it's a winnable case.

Reapplying will be quicker and could be sorted out within three months.

Their decision on your hubby's English language qualification is an insult because many Nigerians have used their degree qualification as a proof before AND ukba guildline supported that.

Did you add your tenancy agreement during the application?

I have heard about the appeals process taking a long time. Re-applying would cost us considerably more than appealing and I am about to go on Maternity leave so I couldn't realistically afford it. I am also concerned that what if another ECO finds another flimsy excuse to refuse?
Also, I don't understand what they mean by they are not sure my income is as stated.

I have heard about many Nigerians using their degree qualification and it being accepted.
Re: UK Spouse Visa/Appeal Process-part2 by Foreveryours201: 9:48pm On Nov 07, 2016
Lexusgs430:


I can already smell wallg123................ He is presently reading and preparing a response........


haha. Are you sure about that?
Re: UK Spouse Visa/Appeal Process-part2 by Caribbeanwify28: 9:49pm On Nov 07, 2016
Hey guys

Especially @Lexusgs & @Abby Love

My husband received a decision made email this evening at 5:30.... The HO has confirmed receipt of the IHS payment also. I sent and Email Form and they confirmed they received the payment!

I really pray it's good news. Hopefully his documents are sent back some point this week. Will keep you guys posted.

smiley smiley

1 Like

Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 9:57pm On Nov 07, 2016
Caribbeanwify28:
Hey guys

Especially @Lexusgs & @Abby Love

My husband received a decision made email this evening at 5:30.... The HO has confirmed receipt of the IHS payment also. I sent and Email Form and they confirmed they received the payment!

I really pray it's good news. Hopefully his documents are sent back some point this week. Will keep you guys posted.

smiley smiley

The perfect present this Xmas is your hubby. Hope you have an appropriate fitting chimney?

2 Likes

Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 10:01pm On Nov 07, 2016
Foreveryours201:



haha. Are you sure about that?

Wallg123 is preparing evidence for defence, we don't need to call him thrice before he responds.
We know he is already packing his bags, ready to check out. But he would answer our call..........
Re: UK Spouse Visa/Appeal Process-part2 by Caribbeanwify28: 10:13pm On Nov 07, 2016
Thanks..

How long is it normally after the decisions been made email do you get your documents?

Is it 5 working days?

Lexusgs430:


The perfect present this Xmas is your hubby. Hope you have an appropriate fitting chimney?
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 10:14pm On Nov 07, 2016
Foreveryours201:


I have heard about the appeals process taking a long time. Re-applying would cost us considerably more than appealing and I am about to go on Maternity leave so I couldn't realistically afford it. I am also concerned that what if another ECO finds another flimsy excuse to refuse?
Also, I don't understand what they mean by they are not sure my income is as stated.

I have heard about many Nigerians using their degree qualification and it being accepted.


Yea sure reapplying will cost more but if you are up for appeal then go for it.

The key point here is to counter every single refusal point then attach all your evidences to support your argument.

Not all cases get the tribunal court, in so many cases HomeOffice do backdown and issue visa to the applicant.
Re: UK Spouse Visa/Appeal Process-part2 by wallg123: 10:23pm On Nov 07, 2016
Nikesteve:
A one way ticket is 553£ Turkish airline

Thanks I've already booked with air maroc as was earlier advised... Hopefully it would be a pleasant journey
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 10:32pm On Nov 07, 2016
Caribbeanwify28:
Thanks..

How long is it normally after the decisions been made email do you get your documents?

Is it 5 working days?


I have known it range from 3 days - 2 weeks
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 10:34pm On Nov 07, 2016
wallg123:


Thanks I've already booked with air maroc as was earlier advised... Hopefully it would be a pleasant journey

I hope so too. 12 more days to go.........

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