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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 adetorosey(m): 9:34pm On Sep 03, 2013
See why I like this forum? I wasn't even thinking of sending email to them before, Now my 36th sense has woken.

Thanks girlfio, I appr8

girlfio:

Oh wow, this is such wonderful news! I was just saying today that I'm looking forward to hearing some good news from a visa appeal, I'm so very happy for you guys. When did you submit your appeal?

I believe from previous posts that it can take a couple of weeks from when you send the passport to then get it back. DHL would be advisable. I'm not sure how they send the passport back, maybe someone else on this forum can advise. I would have thought that they send it back to the British High Commission in Nigeria and then your wife would collect it from there. Might be an idea to send an email to the Sheffield office to confirm how your wife will get her passport back

The is nothing more to worry about now, the hard part is over, happy days! smiley
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 9:48pm On Sep 03, 2013
adetorosey: See why I like this forum? I wasn't even thinking of sending email to them before, Now my 36th sense has woken.

Thanks girlfio, I appr8


Oh my days, I didn't even see that it was you when I replied, I just read the good news and didn't even see your name at the top! smiley I was praying for you the other day, cause you've been going through the same as me at home in the UK waiting for your loved one. God is so good. Let us know what they say about sending the passport back.
Re: UK Spouse Visa/Appeal Process-part2 by adetorosey(m): 9:58pm On Sep 03, 2013
Oh well, I have just sent them an email and I await their reply tomorrow. None the less, I will call them tomorrow.

girlfio:

Oh my days, I didn't even see that it was you when I replied, I just read the good news and didn't even see your name at the top! smiley I was praying for you the other day, cause you've been going through the same as me at home in the UK waiting for your loved one. God is so good. Let us know what they say about sending the passport back.
Re: UK Spouse Visa/Appeal Process-part2 by MrsF: 11:39pm On Sep 03, 2013
@ adetorosey! My friend sent her passport thru DHL Abuja and it cost N14,000 she gt d same mail yu gt end of July and was told she wd gt her passport bk in 28dys! Congrats
Re: UK Spouse Visa/Appeal Process-part2 by adetorosey(m): 12:35am On Sep 04, 2013
dd she get her passport back at the end of the 28days?

Mrs F: @ adetorosey! My friend sent her passport thru DHL Abuja and it cost N14,000 she gt d same mail yu gt end of July and was told she wd gt her passport bk in 28dys! Congrats
Re: UK Spouse Visa/Appeal Process-part2 by leeon2011(m): 8:53am On Sep 04, 2013
Hi girlfio


They say 6 week And all ready passed 4 week and I want to know that if tribunal give me date when should they give this year or next year

And one more thing if I do new application then still I keep my appeal because if they give next year I cant wait

Plz give me best advice
Re: UK Spouse Visa/Appeal Process-part2 by thekid123: 10:38am On Sep 04, 2013
Dear All,

I'm new to this forum and I would like some help please. I was recently refused for tier4 visa and I have submitted an administrative review form. I was refused as the ECO claimed I had not payed any of my course fees even though my CAS showed all course fees were paid. Furthermore the ECO quotes the wrong fee in the refusal leading me to believe he looked at the wrong CAS when making his decision.
Does anyone know how long the review decision takes. Also would I need to re-submit documents I already submitted with my original application (eg. Bank statement)? Please your answers would be most helpful as I submitted just the form without resubmitting evidence and I am now worried. Thanks in advance.
Re: UK Spouse Visa/Appeal Process-part2 by halle26: 10:58am On Sep 04, 2013
adetorosey: [/quote]

Congrats @adetorosey
My husband got the same message from Sheffield on the 24th of July, he sent his passport on the 25th of July, Sheffield received the passport on the 29th of July, visa issued on the 30th of July and dispatched to Lagos on the 6th of August, passport got to Lagos on the 7th of August through DHL, but DHL did not delivery parcel to the Lekki collection centre till the 12th of August because of the public holiday.

The most annoying was that VFS did not call my husband at all to pick up his parcel and neither Sheffield nor VFS knew where the parcel / passport was. On the 21st of August after sending numerous messages to Sheffield we were told they should have called my husband to pick up his passport.
VFS said the tracking number and passport number we provided does not exist. We were so worried. So on the 22nd my husband went to the Lekki collection centre and told them the Sheffield Visa Centre asked him to come over to collect his passport. For some reason, they allowed him in.
You guys would not believe my husband’s passport was just sitting in someone’s drawer for 10 days, and there excuse was that Sheffield did not include or provide any contact number, so they could not contact him. We just thank God this was over.
@adetorosey, to answer your questions, it should take not more than 2 weeks after the passport has been dispatched from Sheffield for you to get a call to pick up the passport.
There is really nothing to worry about, but I will suggest you send an email to Sheffield 5 working days after they receive the passport to check the status, if it has been dispatched or not, if it has not then ask when they would dispatch it.
I think it cost about N7k to send the passport to Sheffield (but we paid N30k for a returned parcel which wasted because Sheffield sent my husband’s passport back to Lekki, I suggest you send the passport to Sheffield and they will definitely send it back to one of their collection centres for you to pick up, so don't waste you money on return envelop).

I hope this helps
Re: UK Spouse Visa/Appeal Process-part2 by MrsF: 11:51am On Sep 04, 2013
She hasnt gotten it bk! Still waiting
Re: UK Spouse Visa/Appeal Process-part2 by adetorosey(m): 4:04pm On Sep 04, 2013
Hi Guys,
I sent an email to Sheffield yestarday night and got a reply not long ago. Below is the extract of the email sent to me:

Dear Mr XXXX,

Thank you for your email. A return package is not required as we will ship the passport back to the VFS office so that it can be delivered back to your wife. Once it is received - the Visa is usually processed quickly, however I am unable to give an accurate timeframe on how long ...............


Also, I found out that DHL shipping will cost 13k + 2k for insurance (Nigeria to UK).

Regards
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 7:29pm On Sep 04, 2013
leeon2011: Hi girlfio


They say 6 week And all ready passed 4 week and I want to know that if tribunal give me date when should they give this year or next year

And one more thing if I do new application then still I keep my appeal because if they give next year I cant wait

Plz give me best advice

Generally court dates are scheduled 5 months after you receive the letter which will give you the reasons why the decision was made to maintain the refusal. It is likely that the date they will give you at this stage will be in early 2014.

Yes you can make a new application whilst your appeal is still running. Its worth noting though that once you've been refused they will heavily scrutinise any new application so make sure you meet all the points of the refusal and provide all necessary documentations.

I pray this all works out for you in the end.
Re: UK Spouse Visa/Appeal Process-part2 by olushy: 12:07am On Sep 05, 2013
@geek thank u
Re: UK Spouse Visa/Appeal Process-part2 by leeon2011(m): 3:03am On Sep 05, 2013
girlfio:

Generally court dates are scheduled 5 months after you receive the letter which will give you the reasons why the decision was made to maintain the refusal. It is likely that the date they will give you at this stage will be in early 2014.

Yes you can make a new application whilst your appeal is still running. Its worth noting though that once you've been refused they will heavily scrutinise any new application so make sure you meet all the points of the refusal and provide all necessary documentations.

I pray this all works out for you in the end.

I mean I can do settealment application n keep my appeal on running both I can do same time
Sorry I keep ask u same questions but I wanna make sure proper
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 6:19am On Sep 05, 2013
leeon2011:

I mean I can do settealment application n keep my appeal on running both I can do same time
Sorry I keep ask u same questions but I wanna make sure proper

Yes you can.
Re: UK Spouse Visa/Appeal Process-part2 by leeon2011(m): 6:24am On Sep 05, 2013
justwise:

Yes you can.

I mean still my settealment appeal is running
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 6:39am On Sep 05, 2013
leeon2011:

I mean still my settealment appeal is running

Yes you can.
Re: UK Spouse Visa/Appeal Process-part2 by leeon2011(m): 7:04am On Sep 05, 2013
justwise:

Yes you can.
Thank you so much grin grin grin grin

Now I have choice but still I pray that I get hearing date this year
Re: UK Spouse Visa/Appeal Process-part2 by geek(m): 7:53am On Sep 05, 2013
olushy: Where the documents related directly to the applicant (for example, employment references, qualifications or financial details), such a claim would be likely to fail unless the applicant has clear evidence that an error has been made (for example, written confirmation from an employer, financial institution or educational establishment that they had supplied the UKBA with incorrect information at the time they verified the original

This is the key bit which shows you unfortunately have no chance. Basically what the guidance says is that the ban is not negotiable UNLESS there is evidence that the organisation made a mistake and this can be validated.

This wasn't so in your case. As an applicant you are always responsible for the authenticity of your documents even if an agent has been used.

You'll have to wait until the 10 year ban has been served before reapplying otherwise you'd be as good as throwing your money in the fire.
Re: UK Spouse Visa/Appeal Process-part2 by bubblygirl78: 9:13am On Sep 05, 2013
Goodmorning to all the beautiful pple in this house. How are u all doing? Its been a long time I got notification from this forum and I've also been trying to keep busy to keep my mind off this stress. And thank God hubby was with me in dubai in june and. Lagos in august.
Anyway, the appeal is still running but we are planning to put in a new application next week. The application mode has changed I hear. Settlement visa ie.
Pls does anybody have any tips that might be useful as I go this second time?
Thank u so much in advance.
Re: UK Spouse Visa/Appeal Process-part2 by target007(m): 10:52am On Sep 05, 2013
bubblygirl78: Goodmorning to all the beautiful pple in this house. How are u all doing? Its been a long time I got notification from this forum and I've also been trying to keep busy to keep my mind off this stress. And thank God hubby was with me in dubai in june and. Lagos in august.
Anyway, the appeal is still running but we are planning to put in a new application next week. The application mode has changed I hear. Settlement visa ie.
Pls does anybody have any tips that might be useful as I go this second time?
Thank u so much in advance.

@bubblygirl78, Good to know you are making things happen and enjoying life with your hubby as well cheesy cheesy cheesy

Well to apply for settlement visa using the new format, check this out below:

1. go to - http://www.visa4uk.fco.gov.uk/ and apply online. Follow the instruction below:
When you get to Visa4UK you will need to register and create an account.

When you have completed your online application form, you will need to print and sign your completed form. If you do not have access to a printer when you apply, you can log in and print the form later.

If you are applying as a student under Tier 4 of the points-based system, you must use the online appointment calendar to book an appointment at the visa application centre. You can book, change or cancel your booking online. If you are applying under any other category, you do not need to book an appointment.

When you have completed your online application, you will receive an email message containing your application number (also known as a 'GWF reference'). Please make a note of this number. Your appointment must be no more than 90 days after the date you completed and submitted your online visa application form.

Before you sign your application form, you must ensure that the information on the form is correct and your supporting documents are genuine and unaltered. If you do not have a document you should explain why you do not have it. You must not provide a false document.

2. Then print out the VAF4A Appendix application Form corresponding to sponsor's financial requirements - http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/

3. Obviously you know the rest from here, go to the VAC or VASGlobal office in nigeria closest to you and apply. just to let you know the new settlement application fee is now:
Consulate rate of exchange:GBP1.00 = NGN260.00
Family of settled people (settlement)Visa application fee[b]NGN221,260.00 (£851.00)[/b] (Spouse or civil partner)

4. Your sponsor in the UK will now send the supporting documents to UKBA in Sheffield within 15 days after submitting your application in VAC Nigeria. Please always remember to supply originals and copies of your supporting documents check how here - http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/84-nigeria-settlement

Supporting documents
After doing a lot of researches, I come to the conclusion that, in addition to meeting all the other requirements and supplying all the required supporting documents, the following areas are often over looked by applicants and/or sponsors when submitting supporting documents as evidences for their applications:

1. Accommodation -- your spouse must give strong & suitable accommodation evidences of where you will be staying in the UK. You can choose from the list below depending on your situation:
• Tenancy agreement or Rent contract (minimum of six months rental duration)
• A Letter of Accommodation (from Landlord or persons sharing property with)
• Certified HM Land Registry (compulsory if you own the property)
• Council Tax Statement (not compulsory if shared apartment)
• Utility Bills

2. Financial requirements - Make sure you supply all the required documents expected. You can choose from the list below depending on which group you falls into:
• Contract Letter from Employer
• Letter of Employment from Employer
• P60 Form from Employer for the current year
• Last Six month bank statements ( make sure the details of your salary can easily identified in the bank statements you supplied)
• HMRC PAYE coding notice, if applicable for current year for Employer
• Financial Summary, if applicable
• Last 6 Months Wages slips from Employer

3. Evidence that you have met, your relationship is genuine and subsisting - this is where most people take things for granted...it is important to note that your evidences or supporting documents must match up to what story you told about your relationship in your cover letter. You should supply documnts suh as itemized phone logs, email logs, Skype, messengers or WhatApp logs detailing chronologically the communication of your relationship covering all the periods you are apart from each other.
• Marriage certificate
• Pictures including wedding pictures and others showing you and your spouse.
•.Itemized phone logs
• Emails log
• scanned copies of Skype, WhatApps e.t.c

More example of supporting documents that could be supplied depending on your financial requirements and circumstances: (Please choose which documents is appropriate for your situation or requirements


SPONSOR SUPPORTING DOCUMENTS (As a Ltd company Director)
--------------------------------------------------
1. Covering Letter, signed Invitation Letter
2. Signed SU07, proof of willingness from sponsor
3. Passport copy (Current & Previous), attested by Solicitor
4. ILR Settlement biometric copy, attested by Solicitor

PERSONAL ACCOUNT STATEMENTS
--------------------------------------------------
1. Salary slips & P60 covering the same period as the latest

Company Tax Return CT600
2. Dividend Vouchers, period covered by the latest Company Tax

Return CT600
3. PAYE Summary
4. Dividend’s Summary, attested by Accountant
5. Personal bank statements covering the same 12 - month period

as the latest Company Tax Return CT600
6. SA302, Tax Returns from

COMPANY TAX RERURNS
--------------------------------------
1. Letter from Accountant
2. Latest annual business accounts from Accountant
3. Invoice Summary, attested by Accountant
4. CT603 notice to file tax return from HMRC
5. CT600 - HMRC latest company tax returns
6. CT620 acknowledgement receipt from HMRC
7. Business bank statements covering the same 12 month period as

Company Tax Return CT600
8. Company VAT registration Certificate from HMRC
9. UTR Confirmation Letter from HMRC
10. Online VAT returns, attested by Accountant

COMPANY DOCUMENTS
-----------------------------------
1. Company Incorporation & current director appointment document

from
Companies House, UK
2. Current Director’s Appointment from Companies House (stamp &

signed by Accountant)
3. VAT & PAYE Registration Document
4. Contract Letter
5. Invoices
6. Online registration proof of accountant firm with “The

Institute of Chartered Accountants in England & Wales”, stamp &

signed by Accountant

ENGLISH LANGUAGE REQUIREMENTS & TB SCREENING
---------------------------------------------------------------------

---
1. City & Guilds International Speaking and Listening IESOL

Diploma at A1 level
2. TB Screening Test Report

SUPPORTING ACCOMMODATION DOCUMENTS
--------------------------------------------------------------
1. Tenancy Agreement
2. Property Inspection Report
3. Council Tax
4. No Objection Letter from Landlord
5. No Objection Letter from other tenant

MARRIAGE SUPPORTING DOCUMENTS
-----------------------------------------------------
1. Wedding Certificate
2. Wedding Card
3. Wedding Photos & Photos in the UK

SUPPLEMENTARY DOCUMENTS
--------------------------------------------
1. Latest Salary Slips (April -2012 to May-2013)
2. Latest dividends (April-2013 to May 2013)
3. Latest Personal Bank Statements (April-2013 to May 2013)
4. Latest Business Bank Statements (April-2013 to May 2013)
5. PAYE Summary
6. Dividend’s Summary, attested by Accountant
7. P45
8. Previous employer payslips (April-2012 to May-2012)
9. Previous employment letter
10. Previous year - P60 (March-2011 to April-2012)
11. Passport Copy (my spouse), attested by solicitor in India.
13. Phone Calls History from Lycamobile UK Ltd
14. Emails & Skype Calls History
15. Degree Course Completion Certificate
16. Degree was taught in English, Letter from JNTU University


Applicant
• Print of VAF4A Online Form
• VAF4A – Appendix 2 Financial Requirements Form
• Passport Original
• Birth Certificate Original
• Marriage Certificate Original
• Wedding Photographs
• Letter from College
• ESOL A1 English Certificate
• TB Test Report
• Bank Statement
• Screenshots from Yahoo
Sponsor
• Letter of Sponsorship
• Sponsorship Undertaking Form SU07/12
• Copy of British Passport and travels record.
• Contract Letter from Employer A
• Letter of Employment from Employer A
• P60 Form from Employer A for the year 2012-13
• HMRC PAYE coding notice for 2013-14 for Employer A
• Financial Summary
• Last 12 Months Wages slips from Employer A (July-12 to June-13)
• Contract letter from Employer B
• Letter of Employment from Employer B
• P60 Form from Employer B for the year 2012-13
• HMRC PAYE coding notice for 2013-14 for Employer B
• Employer B Wages slips from 07/12/12 to 21/06/13
• Current Account Last 12 Months Bank Statements
• A Letter of Accommodation
• Certified HM Land Registry
• Council Tax Statement
• Utility Bills
• Photographs of living space
• Last 12 MonthsSaving Accounts Bank Statements
• Certified HM Land Registry of the shared property I own
• Council Tax Statement of the shared property I own
• Utility Bill of the shared property I own
• Mortgage Statement of the shared property I own
• Screenshots of Viber Phone Call and WhatsApp Chat Logs and Skype logs
• Receipts of Money transfers

I hope this will help

1 Like

Re: UK Spouse Visa/Appeal Process-part2 by johnwray: 3:00pm On Sep 05, 2013
bubblygirl78: Goodmorning to all the beautiful pple in this house. How are u all doing? Its been a long time I got notification from this forum and I've also been trying to keep busy to keep my mind off this stress. And thank God hubby was with me in dubai in june and. Lagos in august.
Anyway, the appeal is still running but we are planning to put in a new application next week. The application mode has changed I hear. Settlement visa ie.
Pls does anybody have any tips that might be useful as I go this second time?
Thank u so much in advance.

Make sure you provide enough evidence to support your application and index using this format:

Sponsor's eligibility (e.g., british passport or residence card, etc)
Proof of relationship (e.g., marriage cert, photos, communication, cash remittance etc)
Education - if required(e.g., degree cert or other exam cert)
Medicals if required
Finance (e.g., payslips, bank statement etc)
Accommodation (e.g., tenancy agreement, council tax bill etc)

Of course your MONEY lol!

It is always advisable to detail how you met the above criteria in writing (personal statement) with reference to the evidence provided. Any discrepancy must be explained in clear terms - again with reference to the evidence docs..

errrmmm... Keep it short. God Bless
Re: UK Spouse Visa/Appeal Process-part2 by johnwray: 3:09pm On Sep 05, 2013
adetorosey: Hi Guys,
I sent an email to Sheffield yestarday night and got a reply not long ago. Below is the extract of the email sent to me:

Dear Mr XXXX,

Thank you for your email. A return package is not required as we will ship the passport back to the VFS office so that it can be delivered back to your wife. Once it is received - the Visa is usually processed quickly, however I am unable to give an accurate timeframe on how long ...............


Also, I found out that DHL shipping will cost 13k + 2k for insurance (Nigeria to UK).

None of the Couriers (DHL, TNT, UPS etc) provide return service from Nigeria. They normally return to closest BHC to you.

Regards


None of the Couriers (DHL, TNT, UPS etc) provide return service from Nigeria - FACT. UKBA will return to the closest BHC to you. Congrats!!
Re: UK Spouse Visa/Appeal Process-part2 by TinyO: 4:36pm On Sep 05, 2013
Hello everyone, Johnwray, Justwise,
I have a question, how long do I have to leave the country after receiving my visa. I am still waiting for my sons British passport. I would appreciate if anyone knows what I can do to fasten it,its been over 4months now.

I'd appreciate it if anyone can tell me what to do.

Godspeed to those waiting to hear about their appeals.

Cheers and God bless.
Re: UK Spouse Visa/Appeal Process-part2 by peacenlove: 6:02pm On Sep 05, 2013
@ Justwise and all helpful forum members.
I kindly require some advise, I have read many of the posts and advice given for different situations.
Keep up the Good work peeps.
Here is my scenario. I and my Wife invited my wife’s 1st cousin (English terminology) over for the summer holiday to come and relax for a month during her own work. My wife’s 1st cousin who she referred to as aunty (in our culture) was like my wifes surrogate mother when my wife grew up in Nigeria , My wife’s mother died very young so her cousin who is much older than her was like a mother. Any way getting to the point, as this aunty was so nice to my wife we decided why not give her a short break and bring some joy and invite her over for a few weeks. She works in Nigeria as a general clerk in a school with an income of just 19,000N per month, she also has a small shop selling beverages to supplement her income, she is in her late 40s, not married, no property, no kids but content with Life and not somebody with any desire what so ever to come to Europe to become an illegal overstayer. This aunty cannot afford to come to U.K and never had it in her mind to until we offered to give her an all expenses paid holiday , she should just bring her self. The auntys brother on hearing this news then offered to donate towards the flight money , even though we had intended to buy the return ticket we agreed that anything he could give would be appreciated. I am a British Born Nigerian with both British and Nigerian passports, my wife has unlimited leave to remain.
I submitted all the necessary documents as evidence, evidence of our residence, evidence of earnings which are above £40,000 per anum, and evidence of savings, together with an invitation letter stating we will be fully financially responsible for her journey and accommodation during her short visit. We had intended her to come during the long summer school term and for her to return in time for the schools resuming in Nigeria around September 20th.
The application for the Visa was done online and there is restrictions on the amount of info one can put, even though there is a part at the end for additional information.
I would also add that the application was not helped by the aunty putting money in her account against our advice prior to submitting the application. The aunty made us aware that she had N60,000 in savings, she made it known to us that she was owed N50,000 from different people and that she would collect it very soon, when she did she put it into her account, furthermore her brother gave her N100,000 towards the flight which she again put into her account against our advise. I learnt about the N50,000 whilst she was filling out the online form so advised that she should explain that an amount had come into her account recently as a result of money owed to her her in the additional information part of the online form.
Anyway the general visa application was refused as follows
You’re Application you have applied for an entry clearance to visit the United Kingdom for 4 weeks. I have considered your application under paragraph 41 of the United Kingdom immigration rules. You state that your brother and cousin will fund your proposed trip to the UK. However in assessing your application I must be satisfied with your personal financial and family circumstances. You have submitted your personal bank statements as evidence of finance. You state your monthly income to be Ngn 19.382.91(£79.11). The credits and balances in your account are not commensurate with your declared monthly income. On the evidence before me I am not satisfied that you will be maintained and accommodated in the UK without working or having recourse to public funds or are able to meet the cost of return or an onward journey as required by paragraph, 41 (Vi) and (Vii) of HC395
I note that you own no land, property, have minimal savings and assets in your own right and you have no dependant relatives. I am not satisfied that you are settled or established, or that you have shown sufficiently strong family, social or economic ties to Nigeria. I am not satisfied on the balance of probabilities that you intend to stay the period you have stated or given the circumstances outlined above will comply with conditions of visitor entry clearance. Therefore I am not satisfied that you are seeking a genuine visit or that you intend to leave the UK at the end or your visit. 41 (i) and (ii).
At first i found the refusal reasons very insulting and extremely discriminatory, after reading this forum i realise that it is the same reason given to most refusals. After fuming for a few weeks i am now wandering weather its worth requesting an administrative review as i still find the reasons for refusal quoted to be unacceptable. The refusal appears to be based on the assumption that if you are single, not married with no property from a country such as Nigeria then you are going to break the ukba rules. Is this not blatant discrimination? If the reasons were that they felt that we the sponsors could not afford to accommodate her and pay her costs then fair enough, but they have not stated this as a reason.
I would like to challenge the decisions as follows and would like some advice as to whether it’s worth pursuing.
The Eco says that even though her brother and we will sponsor her trip he needs to be satisfied with her personal financial and family circumstances, prior to this statement he quotes that the application would be considered under paragraph 41.
I have over read paragraph 41 and no where under this rule does it say that the ECO should make a judgement based on the financial position of a person, or on whether the person is married with kids. Not everybody on this earth is going to be married with kids so does this mean that for this reason you can be excluded from travelling to a country, is this not discriminative by the UKs own standards. Paragraphs Vi and Vii are quite clear and straight forward : (vi) and/or accommodated adequately by relatives or friends who can demonstrate they are able and intend to do so, and are legally present in the United Kingdom, or will be at the time of their visit; and (vii) can meet the cost of the return or onward journey.
We feel that we the sponsors have over meet this criterion and that her ability to finance the trip should not be considred as we are the sponsors and we did the inviting and we have made it clear that we will sponser her, this was clearly stated in the invite letter and on the application and acknowledged in the ECOs refusal letter.
The Eco goes further and comes to the conclusion that the aunty despite being born, raised and spending her whole life in Nigeria has not sufficient ties to Warrant her wanting to stay in Nigeria and makes an assumption that she will violate paragraph 41 (i) and (ii).
I would like to also challenge this wild assumption that this aunty will want to overstay in this UK. It’s not everybody that wants to come and suffer in the U.K. This assumption is based on no fact as this aunty has no history of visa applications. But based on a stereotype. We know that this aunty does not earn enough money to take a trip hence we are gifting her a trip of our own accord. Are we not allowed to gift trips or holidays to friends or relatives from Africa? Two things that i would like advice on, is it worth asking for an administrative review, If so i remember reading a post where by the applicants solicitor wrote directly to the consular requesting a review. Rather than downloading a review form is it possible that if i get written authority from the aunty to do so, could i make representation as the main sponsor and write direct to the consular requesting a review.
Can somebody please advise where i can find that particular post as well because the poster gave details of the address his solicitors wrote two, unfortunately i did not book mark this page and now cannot find it.
The summer holiday is almost over but Christmas is not far away so i would like a review to be carried out and intend to state that even though the time we wanted her to come which would be convenient for her would be during a time when schools break up for holiday as im sure the ECO will question period we would like her to come for.
I must also state that the aunty provided proof of where she works and official holiday summertime timetables detailing when the school breaks up for holiday ect.
Finally the aunty does actually own land and has receipts, however she does not have a property on the land. Section 41 of the immigration rules does not state that one must have land or property in order to be considered admission as a general visitor, I understand that in a review one cannot add more information, however I’m wandering if in case a review is advisable should i state this additional fact.
Thanks in advance for reading this long winded post and thanks in advance for any advice.
Re: UK Spouse Visa/Appeal Process-part2 by johnwray: 7:02pm On Sep 05, 2013
TinyO: Hello everyone, Johnwray, Justwise,
I have a question, how long do I have to leave the country after receiving my visa. I am still waiting for my sons British passport. I would appreciate if anyone knows what I can do to fasten it,its been over 4months now.

I'd appreciate it if anyone can tell me what to do.

Godspeed to those waiting to hear about their appeals.

Cheers and God bless.

Usually 3 months from issue date but I wouldn't worry if i were you because you have a valid reason. You can inquire about your son's passport but they usually advise you wait at least 6 months before contacting them. Hope this helps
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 7:10pm On Sep 05, 2013
@peacenlove

The role of the ECO in cases of general/tourist visas is to prove with reasonable doubt that the applicant has reason to return to their country of origin. That could be why they mentioned about owning property and having children, these are often strong reasons that will give the ECO confidence that the applicant will return home. The income from her job should have also directly corresponded to the amount earned each month stipulated on the application form, they generally question the authenticity of your application if this is not the case. Also if you are coming as a tourist it is the expectation of the visa office that the applicant, unless a dependant, is solely responsible for their upkeep. They will therefore take their incomes/savings in to account. I could be wrong but unless you were making an application for her to come in to this country as your dependant your finances would not have been considered as part of the application. In a nut shell, in order to respond to the points raised in the refusal you would have to re-submit documents and therefore an administrative review would not be appropriate. You could submit a new application but I would advise that you refer to entry requirements for a tourist visa and only consider this if she has the income to support herself and also has strong ties to Nigeria that you can prove
Re: UK Spouse Visa/Appeal Process-part2 by johnwray: 7:38pm On Sep 05, 2013
peacenlove: @ Justwise and all helpful forum members.
I kindly require some advise, ..........
Not sure this is the right thread - forum member pls provide guidance

Worth having a bash at admin review. Try and keep your argument strong but short - just a page long counter statement will do (no further evidence docs). just make references to the docs submitted earlier.

Issue to tackle - "Applicant was considered unsettled" due to 1) lack of ties and 2) financial circumstance. Number 1) you can easily get away with but 2) is a little tricky because ECO got it right somehow. I would concentrate more on 2) and play the human right card very well. God bless
Re: UK Spouse Visa/Appeal Process-part2 by peacenlove: 9:11pm On Sep 05, 2013
girlfio: @peacenlove

The role of the ECO in cases of general/tourist visas is to prove with reasonable doubt that the applicant has reason to return to their country of origin. That could be why they mentioned about owning property and having children, these are often strong reasons that will give the ECO confidence that the applicant will return home. The income from her job should have also directly corresponded to the amount earned each month stipulated on the application form, they generally question the authenticity of your application if this is not the case. Also if you are coming as a tourist it is the expectation of the visa office that the applicant, unless a dependant, is solely responsible for their upkeep. They will therefore take their incomes/savings in to account. I could be wrong but unless you were making an application for her to come in to this country as your dependant your finances would not have been considered as part of the application. In a nut shell, in order to respond to the points raised in the refusal you would have to re-submit documents and therefore an administrative review would not be appropriate. You could submit a new application but I would advise that you refer to entry requirements for a tourist visa and only consider this if she has the income to support herself and also has strong ties to Nigeria that you can prove
Thank you for your response it is much appreciated , The aunt is not a dependent and she is not catered for under the terminology of family visitor, hence she had to make a general visitor application, however she was not coming as a tourist , so i am a bit confused as to why her income is to be taken into consideration if we in the U.K are the sponsors and that both us and the aunt have stated so, further more why is there a provision under paragraph 41(Vi) which clearly states ( or accommodated adequately by relatives or friends who can demonstrate they are able and intend to do so, and are legally present in the United Kingdom) again i feel that we have satisfied this condition. I still say the ECOs decision is not guided by the paragraph which has been quoted but is guided by a personal belief that the applicant is a Nigerian on low wages by UK standards , not married , no property so definitely will do a runner. I still feel that this is blatant discrimination. If you could point me to a section under the paragraph under which the application was judged to have failed which points to a person having to show a high financial standing then i would feel a little less frustrated. Maybe i have missed something somewhere and i will see if i can find a guide to how the ECOs come to their decision within the set down law on immigration. Thanks again for the contribution because it has enlightened me to the fact that tourists and general visitors may be bunched in the same catogory
Re: UK Spouse Visa/Appeal Process-part2 by peacenlove: 9:22pm On Sep 05, 2013
johnwray:
Not sure this is the right thread - forum member pls provide guidance

Worth having a bash at admin review. Try and keep your argument strong but short - just a page long counter statement will do (no further evidence docs). just make references to the docs submitted earlier.

Issue to tackle - "Applicant was considered unsettled" due to 1) lack of ties and 2) financial circumstance. Number 1) you can easily get away with but 2) is a little tricky because ECO got it right somehow. I would concentrate more on 2) and play the human right card very well. God bless

Thank you for the advice, i am still considering the review option and have taken note of the points you have outlined. I do require advice on how to go about asking for a review as i would rather write or email direct which i believe some legal representatives do according to some earlier posts on the subject matter of appeals, rather than doing it with an online form. Is there anyone out there who could give guidance on how to ask for a review direct rather than using the form procedure. My Regards and thanks to you
Re: UK Spouse Visa/Appeal Process-part2 by bubblygirl78: 9:17am On Sep 06, 2013
@johnwray
Thanks. But what's up with thisnew process of sending d docs to sheffield ourselves?
Has anyone here done it? Does it make dd response time faster?
Re: UK Spouse Visa/Appeal Process-part2 by MrsF: 9:52am On Sep 06, 2013
@bubblygirl78 wen I posted mine it stil took abt 55days b4 I got it back. It's just basically a way for the UKBA to cut cost and place d financial burden of sending the documents to sheffield on the applicant, cos it's quite xpnsive thru Dhl considering d amount of documents we use in applying! Dnt frgt to put in a return envelope fr dem to post it bk to yur hubby!
Re: UK Spouse Visa/Appeal Process-part2 by bubblygirl78: 9:29am On Sep 07, 2013
Thanks everyone. Will do as advised.

@mrs. F. Really? Thot it even made it faster. Anyway no probz. Will go ahead. Thanksa lot.

Also, since I have an appeal pending, if the courtdate comes before I get my pp back do u guys think there is any point showing up for the hearing?

What do u suggest?

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