₦airaland Forum

Lexusgs430:
A couple of months ago, a lady on this thread was also caught in this appeal predicament.
She did the appeal herself and cited a couple of case laws, that were relevant to her situation. Cannot remember who (you might have to read a lot of pages back).

I'm sure by the end of all this I will be a bonified lawyer. Lol

So this morning I went to pick up my documents from the postal sorting office that they returned to me. GUESS WHAT? The utility bills and council tax bill they claimed not to have received were there!!! I sectioned everything neatly and even indexed it all. It has returned to me as though it has not even been taken apart.

Uchman365:
Foreveryours, to be honest, I don't think it matters which grounds you want to appeal on. They make it sound like those are the only grounds of appeal by keeping it vague.
When we appealed my wife's decision, I didn't even refer to any of those options. I just stated in the covering letter that I want to add some more supporting documents to address the ECO concerns referred to in the refusal letter. We also had the same issue of the ECO not seeing my wages on the bank statements (are they blind!) so I just used a highlighter and then attached the relevant payslips to the corresponding bank statements. 5 months later, their lawyer wrote her to say due to the additional information provided that they have overturned the ECO's decision.

We paid just £80 for the appeal, can't believe it's almost £500 now. I think they want to discourage appeals but it's still your best bet but the waiting is a killer (6 months for us). You also have the flexibility of appealing a refused appeal without having to pay again.
Like you said, another ECO can use another flimsy excuse to deny a fresh application meaning you're out double as they've now also raised the application fees.
I think you have a strong case.

Morning and thanks for your information. Yes it went up just some weeks back.

Would you mind perhaps helping me with some good points I could make in my appeal statement.

wallg123:
I'd surely forward u a copy of my appeal statement if it would be helpful.....

Morning. thanks for that.

How long did your appeal take? And I would sincerely appreciate a copy of your appeal statement if you don't mind.

Lexusgs430:
However, EEA appeals and human rights grounds interlink considerably and it is extremely difficult to separate them. For example, under Section 55 of the Borders, Citizenship and Immigration Act 2009 the Home Office has a duty to consider the best interest of children in every one of its cases. Therefore, a decision or refuse a resident card which would result in the break-up of a family unit surely must engage the principles of Article 8 with respect to the right to family life.

An extract from the legislation

So me being pregnant should fall under this? Or help my case?

justwise:
Right to family life is under human rights. There are many aspects of that but in your case it's right to family life.

OK. Will get on that. do you think adding my mum's diagnosis will do any harm/favours? I submitted it with the original application but sincerely I don't know how long she has left.

justwise:
Ok go for box 1 on human right ground.

Add your employment letter, payslips, salary account and letter from your employer.

OK. for that box it says which article under the human rights act am I appealing ... sorry to appear dense.. but what on earth does that mean?

justwise:
1. Will you be able to screenshot the appeal option section of refusal letter and paste it here?

2. Yes submit his degree cert with letter from the university plus NARIC certificate.

3. Yes you can definitely argue that and resubmit those documents again but this time around you need to submit actual tenancy agreement paper and not just a letter from your tenancy manage alone

4. Submit all your payslips (at least 6 months of it) and your salary account the letter from your employer.

Do you have your employment letter with annual salary stated on it?

Yes I have my employment letter with annual salary and separate letter from my employer (finance department) who printed my payslips and signed, dated and stamped them.

wallg123:
lol @ Oga Lexus570...I've been busy distributing all the stuffs I used while in Nigeria cuz am off for @ least 5 yrs ....


Sorry to hear about your mums I'll health and application refusal ..... I'd plead with you to adhere to good advice from people in this forum ... I'm a living testimony.....
Fill in the appeal form properly, addressing every issue raised in the refusal .....
If you claim to meeting all the requirements, then I don't see why you won't either get an overturn or win @ the tribunal...

" Did I hear you say you are pregnant "?
If that's the case you are favoured....
My case was complicated... take time to read thorough my case..... There is hope for you through the appeal. .. The only low side to appeal is that its a long process and it might cost you alot if you using a lawyer . ... but I'm sure you will definitely overcome..

Trust me, I know for a fact I meet the requirements and I believed I was pretty meticulous regarding submitting my supporting documents. I can't get over the fact that they said they are not sure my income is not as stated, even after all the financial evidence provided along with it reflecting in my bank statements.

If I appeal, am I allowed to submit new documentation such as the NARIC certificate for hubby's qualification; a letter from my tenancy manager and also another letter from my employer confirming the information in the previous letter that they had given which backs up my payslips, p60 and bank statement.

I mentioned in the application that I am pregnant and provided medical evidence to this effect but they didn't refer to it.

where can I read about your case?

justwise:
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.

Ok. So do we appeal on EEA decision or Human Rights decision? these are the two options given on the appeal form.

With regards to Hubby's English language requirement, are we able to submit the degree cert again with letter from the University plus a certificate from NARIC?

As per my utility bills, council tax statement etc. Can I argue that it was submitted originally with the application but obviously not seen by the ECO and then add a letter from my tenancy manager?

Regarding documents regarding my stated income, what do you advise here? re submit again with the appeals form and then get another updated letter from my employer reiterating the information in the original documents submitted, plus confirming my salary again?

Lexusgs430:
I can already smell wallg123................ He is presently reading and preparing a response........

haha. Are you sure about that?

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.

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??

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?

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.