₦airaland Forum

My dear Mr Pahtakhee

Miss Funkybaby

I love Nigerians,I really do,we can play semantics or say things as they really are-"How recent is your recently?""as a little bit scattered as your points are here",lets assume for a moment that by dint of age,qualifications and experience,I am fortunate enough to have subordinates under me and during a staff meeting,I declare imperiously"how recent is your recent young man"?"speak up your points are very scattered here",I doubt whether I would be deemed to be an effective communicator or leader,some might say oh Mr So and so is very rude,yet I didnt call you to order,I'm slightly aware of the age range of yourself and funkybaby and can and should excuse some liberties with presentation based on the fact you don't know who you are talking to but suffice to say,you would be hard pressed to say "my points are scattered"to me personally one on one.  

Within some circles,some ways of thinking are patented,but I feel inadequate thinking how little my monthly remissions to Nigeria is making a dent in the suffering of the common man,I feel inadequate when I think of how to contribute the greatest good to the greatest amount of people,in that regard your charges of inadequacy are not only ludicrous but reminds one of the impetuosness of youth,we should discuss a decade from now then perhaps you should see how I viewed this statement of yours,I am more tickled than offended.

Funkybaby,I shall make this my last post on this thread and forum,since the urge to offer paternal suggestions may once again take the better of me  ,but with a last word for you in particular,"with patience a ruler is persuaded and a soft tounge can break bone"I shall email neksbaby the telephone number of an official in UK visas London who can help to expedite the process,my discussions with her on this thread have been solely about the FLR(M) application and her marriage which I encouraged.Ok hopefully I left the house as tidy as I met it,my regards to Mr Akolawole and pahtakhee I'm passing through your burg by Thalys this evening enroute to Cologne,shall spare you a prayer.

Best of wishes,one and all.

Court of appeal case

Zhou Vs SSHD(2003)EWCA Civ 51.

Mr Akowale can debrief you  http://www.ait.gov.uk/Public/Upload/j2030/00061_ukait_2007_ml_mauritius.doc.

(1) The Court of Appeal in Zhou v SSHD [2003] EWCA Civ 51 was not concerned with the proper construction of para 60(v) of HC 395; (2) The Tribunal’s decision in TY [2007] UKAIT 00007 on the meaning of “his course of study” in para 60(v) is correct; (3) However, it follows from the analysis in Zhou that “satisfactory progress” has to be established in the “course of study” for which leave as a student was last granted because there is no mechanism for the Secretary of State to approve transfer to another course of study during the period of that leave.




Again funkybaby,my intention is not to be one of the cornerstones of your service here.Issues not personalities please! and No,I am not, but my wife is partner in a law firm with ten years worth of litigative experience,I should clarify further:if you or Mr patakhee would rather sneer at any submissions from outside of your coterie,I will quietly bow out.I admire the intentions of this thread but that does not mean I am(or should be) overawed by the presence of its main contributors.

Respect begat respect,my tone has been civil and polite from the onset.Prove this wrong, and I shall present you my full and unreserved apologies.

Mr Patakhee

Sir,Im not trying to rain on your parade or usurp your fiefdom here.I meant that you are essentially correct with the dates pertainting to the refusal notice scenario.So far students have been relying on the judicial review case of Zhou which states essentially that non attendance upon a course of studies does not place a student in breach of his/her conditions.Under 82(2)e of the 2002 act ,the decision of the BIA to curtail leave constitutes an immigration decision with a resulting right to an in country appeal under Section 92(2),hitherto it is believed that the HO has been reluctant to curtail leave thereby giving the student longer stay in the UK when the appeal process ensues.I was referring to students who are now applying for FLR(M)as a result of marriage.There is an edict of satisfactory progess with a student visa irrespective of attendance,this does not apply to neksbaby and as recent as last August,this wasnt asked for(attendance records)as a prerequisite for granting FLR to students under the marriage category.

I asked her to take note of the ongoing scenario believing to be forewarned is to be forearmed.

Please make do with my "scattered points",your erudite skill is unmatchable.

"My recently"or "my anything" does not exist,I'm not jockeying for relevancy of any kind,perhaps, like you,just offering concerned and free advice anonymously without any hope of reward or commendation.That is,of course,what you are doing isnt it, ?

Yes it was.

Thorny but by no means insurmountable,don't you think?

Ladies and gents,still on this refusal notice thingie.I dont know about Nigeria but I guess this must at least hold true with the AIT at least,if the post does not notify applicants on time,they can adress the reasons why to the AIT,in this case,best practices Chapter 26-9 Entry clearance instructions

If the application has been considered and refused on papers you must ensure all the above is sent either by mail directly to the applicant or sent to the commercial partner to forward to the applicant.

In all cases you must ensure that the relevant method of service has been noted on the refusal notice.

You didnt receive it directly,the commercial partner was tardy getting it across to you plus the relevant documents were not included,this is not uncommon and odds are the AIT will allow your appeal to proceed without regard to the date on the refusal notice.But 14th of February?I'd say you are covered.

Neksbaby:Recently the Home Office has been asking for attendance records from students applying for FLR(M),reasons as yet are hazy although its been suggested that they want to find out if students are violating the conditions of their visa and actually sought entry to get married etc,not really to study,not sure how this applies in your case but do take note and if I read things correctly,you are now married.Congratulations.

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

Best of luck.

Hello Sirs

Couldnt help noticing the discourse and think that while the originator of the topic can be excused for his fatherly concern over the well-being of his child,You Sir(Vicjustice) havent warned him as rigorously as you should about the near insurmountable task of gaining asylum in Ireland,the possible scenarios are as follows

http://www.metroeireann.com/index.php?option=com_content&task=view&id=943&Itemid=50
http://www.metroeireann.com/index.php?option=com_content&task=view&id=844&Itemid=50

More notably this quote from the very new Immigration bill for Ireland

A total of 3,985 asylum applications were received in 2007 which represents the lowest annual total since 1997 and is a decrease of 66% on the 2002 figure. "This reduction results from the implementation of strategies aimed at combating, across the spectrum, abuses of the asylum process where 90% of asylum applications are unfounded. This Bill will underpin that strategy by ensuring more efficient and streamlined processing and removals arrangements."

Among the innovative features of the Bill are provisions to prevent the misuse of the judicial process by a foreign national solely for the purposes of frustrating their removal from the State.

http://www.inis.gov.ie/en/INIS/Pages/Launch_of_new_Immigration_Bill

Simply,they may make entry,they might even start the asylum seeking process but the odds are that they will be sent to a deportation centre and summarily deported.You Sir(shimfe)should weigh your options with great care,as an adult you cannot be too careful about your sons life,this may just be a gamble too costly.Think about it.

He is hibernating. I read this thread almost everytime, but like others, I got discouraged over the attitude of the admin on certain issues on this forum.

I hope to stay on for a while though. Sorry I stayed off. Funkybaby, Akolawole, VOR and londoncool will return soon.

Interesting.

However you guys are providing a very valuable public service, this didnt bode well with admin?

In short order and sorry I have been indisposed this last few days.

Tlamp:Sole proprietorship business with a account in which your uncle is the sole signatory with(I assume) a well crafted affidavit attesting to a willingness to sponsor?AND the ECO imputed the financial requirements for a three year course to a one year Masters course?this should be a slam dunk in your favour if its as you outlined,you treated them very well indeed,letter from the bank as well?its better to drown them with documentary evidence if possible and I wouldnt worry about time,it should materialise before September,still,pray though.

Saysth:You didnt exactly specify if this was a visiting or student visa or whatever,the issue with WAEC is a tad quirky,their silence can be interpreted by the AIT in any way so I might suggest the following,get an official acknowledgement from WAEC stating that your petition over the mistaken DOB has been received and is receiving the proper attention,prior to that get a solicitor to draft a letter stating the essentials,that you are, with DOB , and an error was made in your WAEC certificate Number, and you wish to ascertain in the interim that the certficate issued to you with the DOB, is actually meant for you with the name being correct but faulty in this regard.Send it by registered mail or courier and obtain proof of delivery,furthermore get a letter from the principal or proprietor of the school establishing your bona fides.Without proving that the WAEC authorities actually received the affidavit you sent,the affidavit is open to conjecture.You have to prove without a shadow of a doubt that you are who you say you are and the error is just that,an error.By the way,go to the WAEC office and try to wrangle an official reply to your petition,cajole,plead or threaten until you get it.

Brownbaby:No you must not apply for FLR immediately you get in,you already have the ability to work twenty hours a week.Besides which the CAB(Citizens Advice bereau)can give you proper advice on what to do and when once you arrive.No worries.

Commonsense approach works the charm.Good luck everybody.

Neksbaby:You seem to be asking the same question in different ways.Yes you can get married here,No it doesnt hold any legal implications for you since it is a student visa as opposed to a fiancee or spouse visa.Your student visa was granted irrespective of your marital status,either way works- get married here,apply for FLR in the UK or get married in the UK after you have obtained a COA although not needed if you get married in the Anglican Church of England in your local parish where you must have stayed for about 6 months or can prove a special relationship with the church.This is very straightfoward.

Shanoo:If there was only one reason given for the refusal and you squarely adressed that,your chances are pretty good,rest easy(and pray).

Are your posts intended for me or Shanoo?

Anyway,there are strategic advantages to doing it there in Nigeria so yes,do it there,this obliterates the need for a COA to get married in the UK and you can move straight to the FLR(M)process.

Best wishes.

Shanoo:So sorry but your post is grammatically confusing,can you rewrite so one gets a clearer idea what you need?

Neksbaby:I assume that your student visa suffices for you to get a COA in the UK for a marriage there however UK law recognises the validity of marriges conducted abroad under the proviso that the country in which the ceremony is conducted recognises such marriages.Do the marriage here. Since your fiance has a right of abode you can apply to extend your stay in the UK,switch in the UK using form FLR(M).Go the the following link for an indepth explanation of the proceedures.

http://www.bia.homeoffice.gov.uk/sitecontent/applicationforms/flr/flr(m)_form.pdf

Best of luck.

Timx and Shanoo:The time taken for processing varies,the average being between 6-7 months.Faster if there are compelling circumstances in which case you would need to get a letter from your school citing that your position is only being kept in the hopes that the matter is soon resolved or words to that effect.Personal experience says that you just have to be patient.Like funkybaby can attest,it can be a very frustrating process when you are waiting.

brownbaby:Sorry I had to rewrite this cos I confused you with funky baby,its all the babies in the house,in anycase there is a much faster way of getting the BHC to respond and it is simply this,if your sponsor is living in the UK,he should get in touch with the MP in charge of his constituency,they are enabled by law to make representations for their constituents in relation to immigration matters,he can do this by phone,fax or registered mail,the latter being most preferred,the MP will in turn get in touch with UKVisas who more often than not expedite the visa issuance.He should include a copy of the determination and cite reasons why you need intervention,i.e the unco-operativeness of the BHC in Lagos,the logistics involved in planning the trip,the ineffectiveness of the customer service arm of the BHC in regard to your case.UKVisas are required by LAW to responded to the MP's inquiry.Hope this helps some?

P.S:Dont mind them(BHC)its beef then again maybe not, the volume of applicants from Nigeria is the highest in the world so I have been told.G'luck!

My congratulations to all those who have had their appeals allowed since this thread began and my heartiest encouragement to those about to pursue this line of action in their bids to travel to the UK,I hope you would permit me some space to contribute my story to this thread.I have been a silent observer of this discussions for a long time but never shared my travails with this collective preferring to circumnavigate my way through the whole process and play it by ear.VicJustice,Akolawole,mrkpataki,funkybaby and co brought a fresher meaning to the term-knowledge is power!There is a lot of things wrong with the Nigerian project,perhaps the most tragic is our inherent inability to sustain relationships in the pursuit of positive projects,rancour and to use a Nigerianism-"bad belle" eventually ruins the most laudable of efforts but in this case you all were able to sustain a momentum that brought something priceless to the people that browse through this thread-that priceless thing is hope.

My appeal was allowed,in the space of ten minutes,while the representative from home office bounced my twin boys on her knees after they had ransacked her briefcase,the judge said the application was faultless in the first instance,I wish I could share the bundle that I submitted,if you are struck by the meticulous use of my phrases,you can best imagine how the application was so intricately composed.My contribution to this thread is this,if you are refused visas to the UK and indeed any country on a basis that is discriminatory,unfounded and even minimally unfair.Do seek redress!A lot has been said about the time taken to pursue the process but time is not as essential as the restoration of your personal dignity and the need for a recognition by immigration authorities that not all Nigerians fit the CNN sponsored stereotypes.For intending travellers,if you are shallow in Nigeria,thou shalt be shallow in Europe or North America as well,pursue visa matters with becoming decorum,it is not a right,it is a game played with rules,understand those(immigration) rules thoroughly and adapt as necessary.If you choose to subvert the whole process through the use of "creative"documentation:apply the golden rule-Thou should not get caught!If you do,do not scream foul play and demand redress same as those who played fairly and squarely.I have little to add to the advice which has been so accurately and generously dished out on this thread except to say I agree almost in entirety with their answers to legal problems of this sort.Some salient pearls they dropped include:Thou shalt not be desperate.Thou should prepare your documentation meticulously and not be afraid to pursue your rights to appeal if the grounds are justified.Thou should follow up and follow through the process as keenly as possible.Thou should stay on the right side of the law(I can imagine the titters this would elicit because that is supposedly Un-Nigerian),thou should always remember,it is a means to an end not the end itself.UK is NOT paradise,neither is Europe or the US.I dont live in Nigeria and didnt apply from there,if you do,labour under the mindset that you are "guilty until proven innocent" and I read a book once that said "The Guilty are always afraid".My story is this-they refuse even flawless applications.The moral is this-pursue appeals to their natural conclusion.You will triumph at the end of the day.I wish you Godspeed.