₦airaland Forum

coldstone84:
Thank you very much for your reply, yes I have searched endlessly for where the rules states my wife has to be dependent on me,and there's noting of such,I was thinking of my wife reapplying and stating out the rules on eea family permit.

Yes, I would advise that you apply again. On the website it says that you must provide proof that you’re financially dependant on your family member in the UK if you’re applying as their dependent extended family member. For spouse all you need to provide is your marriage certificate, passport number of the UK spouse along with a letter from yourself inviting your spouse to stay and their passport. I expect this is all done online now so just make sure in any statement that you make that you note that your wife is applying as your spouse not dependant.

coldstone84:
Hi everyone,am new here,my wife applied for eea family permit from nigeria,and she was refused because they said that my wife is not wholly or mainly dependent on me,or if my wife is it is a dependency of necessity rather than choice,there is no evidence of regular bank transfer or bank statement.they am not satisfied my wife needs the finicial support of me to meet her essential needs in nigeria.
When my wife made the application,I wrote a cover letter stating that instead of sending money to my wife through western union and paying the charges,I have a colleague at work in London to has a gtbank account,I give him pounds and he transfers the money immediately to my wife's account,as am not nigerian,but Portuguese,but the mistake we made was that my wife didn't include her bank statement,as the recipients name on her account statement won't reflect mine but my friends name
How do I tackle this,please I need answers,as I need my wife to join me in the uk.

What you need to do is basically have a bank statement that shows money leaving your account, the same amount being deposited in your friends account and then that exact amount being transferred in to your wife's account in Nigeria. These transactions would need to show consistently over a period of time and would have to include a letter from your friend explaining your agreement. If you don't have these documents, it might be an idea to start sending money directly to your wife for the next few months, keep your records and then apply again.

I'm also not too sure why your application has been refused for that reason, as long as she is your spouse and you are exercising your treaty rights e. working or studying that should be all you need to prove. If you google EEA visa spouse and go on the UKBA website, this dependency requirement is not included for a spouse.

DUNIQUE1:
@ Justwise & others with experience, I have a friend who have won his appeal hearing since 3 weeks but the home office is yet to ask for his passport, kindly give me some clue for him to speed up the process. Also my appeal hearing was yesterday for my own case, my hubby said after my hired barrister presented our case with evidences which the home office claimed not to have seen, that the home office representative only said this to the Judge " when the initial application was made, they didn't put all these documents, so the ECO was right in refusing the application, but it is ok if the judge want to consider the documents presented now in the court" so next thing, the judge asked my wife about my daughter from a previous relationship whom we have lost contact with and she answered the last time she saw her was earlier on this year. That was the whole of it and the Judge said they will get back to us as usual within 3 weeks, also there were two Judges in the room, I don't know if one was only there to assist the other. What do you think guys?

I think it sounds positive. Looks like they didn't ask your wife any questions that she could not answer. Now, as long as the documents submitted cover for the period of the last application ie its not new information based on a change in circumstances post application date, then I expect the judge should b able to consider them. The fact that the Home Office said that the docs were not with the initial application and that the ECO was right to make his decision based on that would suggest that the paperwork your wife presented to the judge is valid and supports your case. I pray you guys get the good news soon.

IrryJones:
Girlfio,

Thanks, I will also refer my spouse to this website as well, so we can learn together.
She did her first degree in Nigeria and her MSc at QMU in London, finished last year and left UK January this year before the expiry of her student visa.

Another question please, since the UK Visas address in Sheffield is a PO Box address, will DHL still deliver and get a signature?

Yes, you can still use DHL with the PO box address, we did for my husband's passport and it arrived safely.

IrryJones:
I'm pleased to come across this quality forum, kudos to all the contributors.

I'm male been living in UK for almost 10yrs and in full time permanent employment. My spouse is in Nigeria, also employed after finishing her MSc studies in UK. I have gone through the UK Visas website and Teleperformance. We will be applying shortly.

Please I need quality guidance:

1. Is it advisable to use DHL or the UK postal service to send all the supporting docs;
2. Do I have to include my photograph or my spouse's photograph with the completed application form;
3. I have online banking,will printed 6 months bank statements from the bank branch be accepted;
4. As stated above, she studied in UK, does she have to take another English test;
5. Based on her previous stay in UK without violating any immigration rules, how quickly can our application be accepted. I'm hoping she could be here before Christmas.

Thanks all.

Welcome to the forum.

1. We used DHL to send documents from Nigeria, they seem to be quite reliable

2. I believe u have to submit x2 photos of the applicant with the form, the UK spouse has to submit a certified copy of their passport photo page. It's worth checking the application guide notes just in case.

3. I submitted print outs from my Internet banking account and they refused the application based on that. I would advise that you contact your bank to get them to print your statements and submit those.

4. As long as u provide certificates from the degree studied in the UK (recognised university) this should cover you for the English language requirement.

5. As long as you provide all the necessary evidence documents and you meet the requirements then you should be just fine. Receiving the visa before Christmas is optimistic though. On average it takes about 3 months to process a spouse application when the spouse is abroad.

@Luckyviv Really enjoyed reading your post Boooom Pooooow! Now you get to just get on with your lives. All the best, praying safe and pleasant flight for your wife.

willwin2:
Morning everyone, I will be going to court without a lawyer, cos of financial reason, it is too expensive to get one, our bundle have been returned without any reason for maintaining there decision, what can we do about that? Since I am not using a lawyer can anyone help with how to support my relationship with case laws. Girlfio, jswit, anyone, I need all ideas I can grt now.

Personally I wouldn't worry about trying to look at case law. Unless you are comfortable with immigration law I would advise that you focus on the points that they have refused you on.

The two areas you will need to tackle will be proving your relationship and that the accommodation is suitable. I would advise that you gather first all the evidence you have for the relationship. Then against each piece of evidence write a statement on how it proves the validity of your relationship. e.g photos of you together show how your relationship has developed over the years. Phone records showing over a long period of time how you've kept in touch to maintain your relationship and marriage. Get statements from close friends and family that you can present or read out in court. Any valentines, birthday, Christmas cards you sent each other will be good to present, along with any IVs that have been sent to the both of you for other people's weddings parties etc. Both your husband and yourself should then present a statement about how you met, what you felt, how your relationship developed, any mutual hobbies you have, what you enjoy doing together, you should then write about how it was agreed that your husband should live in the UK and then your husband should write about how he made the decision to join you in the UK.

Now in terms of acommodation, you need to first provide evidence that there is enough space and that your husband has permission to stay there. If its a council flat then you'll need to provide a letter from the council stating that your husband can stay. If its a private rental then both names needs to either be on the contract or include a letter from the landlord stating that its ok for both of you to live there. Also include any utility bills, council tax bills etc addressed to yourself at that address. They will also run electoral checks on the property that will list who is registered at that address. It might be worth you getting this list from the council just in case there are people on there that have left the property.

This may all sound like a lot but if u do it all bit by bit, you'll eventually have a good solid case to present to the judge. It will leave you less room for error and help you feel prepared on the day.

[quote author=willwin2 post=27423854][Am not wishing myself bad o but it is really affecting my health, I thought I was strong but almost one year have really dealt with me, even my husband's visit have not changed anything.

I know it's really tough but basically everyone that is in a genuine marriage going through this process is suffering pain, so unless your situation is exceptional it's unlikely that there will be any change to the date. It may not feel like its possible but you can do this.

jswit:
Hello justwise and house, I'm here again, pls I need to get this right. I got married to a British man in Nigeria Feb this year in court including traditional marriage, but I came to UK June for my masters, I currently leave with my husband in same house, I study and work my normal 20hrs and my husband also earn more than 18,600 and he has up to 6months payslip to show that. My study visa will run till October next year, what I want to know is, is it possible for us to apply for spouse visa here in UK? We plan to apply December. Or will I have to wait for my student visa to expire before coming back to Nigeria to apply? Thanks to u all.

Yes, u can make an application in the UK. I think it's only the tourist visa where you can't make an application for a different visa while in the UK. I helped a couple of friends of mine. They were married, he was a student, had only 30 days left of his visa. They met all the requirements, provided all the right documents, did the face to face application and received a call after 2 hours saying that they got the visa. As long as you provide all the right evidence you'll be ok.

willwin2:
Hello, my court date is April, the stress is already affecting me, do you think I can expedite my court date.

Unless the rules have changed, you'll need a pretty strong reason to expedite your court date. Unfortunately I don't think they would accept stress as a reason to bring the date closer. Maybe if you had a clinical assessment that had a statement from a doctor that the process was having significant impact on your mental state but you don't want to wish for everything to reach that level. You can't let this process now start affecting your health. Yes, it's a long wait but you've made it this far. You will discover just how strong you are. You will make it to the other side of this.

adeboyedefem:
Hello Everyone
Please i need advise about the best way to go about this.. I am a Nigerian student in the UK, doing my masters at the moment, I am married to a Danish Citizen, i will like to apply for a Uk resident Permit based on been a family member of an EEA

I will like to know the document i need to submit?

Is it ok for me to apply during my masters here in the UK

Does it matter that my wife is presently in Denmark at the moment?

What is the best way to go about this and how long does the processing takes?

I am looking forward to your response.. Thanks

If u just type UKBA EEA Family permit into Google, you'll get the gov website with all the information you need. You can apply for the permit whilst studying in the UK. I would expect that there would be a problem if the UK is not the place of residence for your wife. From what I understand, you apply for the permit to join your family member. So you would have to either join her in Denmark or wait for her to return to the UK.

@Mrs Adebiyi Great News! All the best, and safe travels for your husband.

@ineedhimbadly Although the UKBA must follow immigration law, each case is handled differently depending on the circumstances of the applicant, this case does not appear to match the rules stipulated in your case.

None of us here claim to be experts, we just offer advise based on our own experiences. If you are not happy with the responses you're getting, you might want to seek advise from your lawyer or an external immigration service.

@bassy, great news, I had a feeling they'd awarded u the visa. Even the UKBA can't be mean enough to ask someone they've refused to fill in a questionnaire! !

willwin2:
Call thr tribunal today, was informed they did not overturn their decision, after 5 month, now I have to wait another 5 month, 1st of April.

Sorry to hear that, can't believe they've scheduled your court date so far away! Well, it looks like it could just be a matter of evidence. I know u mentioned that you don't have much to prove your relationship. If that's the case then it might be worth spending this time collecting testimonies from close family and friends validating your relationship. Include as much as you can from your wedding and just anything you have that proves that you've been having and continue to interact with each other. It's the same with the accommodation, you need to prove that first it's suitable with enough space and that you have the permission to stay there from either the landlord or house owner.

I know the thought of having to wait even longer is disappointing but I pray that this will all work to your favour in the end.

bassy10113:
Thanks Girlfio...I applied at Vfs at ikeja....and I heard they don't handle uk visa again....should I still continue tracking my application on their website?....also am I going to pick up my passport at oregun or teleperfomance at bank anthony......I emailed sheffield since a month ago....yet to receive reply.

Use the UKBA tracking website, not sure if its the same one you are using. Just type "tracking UK Visa application" in google and click on the link for VFS global. You'll need your ref from where u submitted your application and your D.O.B.

It looks like Sheffield are getting worse at responding. They will eventually get back to you but you may have all the answers by the time they do!

bassy10113:
Sup house....i received this email for UK CUSTOMER SURVEY....Having recently received a decision on your application, UK Visas and Immigration would like to ask for your feedback in a short online survey. The aim of this survey is to find out how well we met your needs and how we can improve in the future......

Please can somebody explain this to me....cux am yet to get my passport back in nigeria.

If you've checked the status of your application and it hasn't changed. I would expect that they have probably made a decision, there is a delay in updating your status online and the survey has been sent automatically since their internal records show that they have come to a decision.

Might be an idea to forward that email on to Sheffield, put your name, date of birth and application ref in the subject heading. Ask why you are receiving this survey request when there has been no change to your status online. Ask if a decision has been reached and if someone could send through an update. It's quite possible that your status will change before you get an email back from Sheffield. They normally send out a text to advise that your passport is ready for collection. I think u should be hearing from them real soon.

bassy10113:
It's not appeal....its a fresh application

Sorry, yes, no point contacting Leicester! You are still within the 5 month guidelines set by the UKBA to process applications. Again, your documents being sent back is still an indication that u should be hearing from them soon.

bassy10113:
Hello house....my spouse received his supporting document back since Oct 1st 2014....but am yet to hear anything about my passport in nigeria....no text message from Vfs...noting...plz can someone advice me on what to do.....i emailed sheffield office since 11th of September but haven't heard anytin from them....

I believe they send documents back when they have finished doing they're checks on them in support of your application. It's a good indication that they are approaching the award of their decision. It looks like they r taking a bit longer than normal at the moment due to the increased student applications during this period. It might be worth calling the tribunal office in Leicester to see if they've received notification of the decision made. At least u know that they are looking at your application, your in the last stages of getting your outcome which is good news.

Ikato is right, I forgot about Shelair's post. VFS Global has been taken over by Teleperformance Ltd, they have offices in Abuja, Victoria Island and Ikeja. These changes happened around about the end of September.

@Toni4. If its not in Abuja, I would definately try the Lekki VAC. If they sent u confirmation of the issued passport via email, ask your wife to take a copy of that with her. Unfortunately Sheffield are notoriously difficult to contact once the visa has been issued. If u have proof that it has been sent on an email, it should force the VAC to investigate.

MrsAdebiyi:
I think I need a manual for how this forum works . The beloved janitor and guru Mr just wise just told me off for posting on the wrong page . Sir I apologise ...


Anyway this is my query....

I live in UK and recently got married to my husband in nig . We applied for settlement visa for him to come over since August 2014 and I haven't heard anything . All the supporting documents were complete and I am also a british citizen. The problem is we haven't heard anything from ILe nla (Ukba) it's been 10 weeks and am starting to get super worried . My husband was refused for visiting visa in 2012 when my mum invited him . They said he does not have enough ties to come back to naija... Has anyone been through the process lately or experiencing similar delays? The automatic email from Home office stated that 95% of applications are completed within 12 weeks ... Is this realistic?

Hiya. UKBA allow for up to 5 months to respond to submitted applications, so there's no need to worry at this stage. As long as you meet all the requirements and have submitted all relevant evidence documents, I wouldn't worry about your husbands past refusal. As long as its declared in the application it'll be just fine.

@lasmab & ineedhimbadly. I think the best thing you can do right now is decide what is your priority. Is it being together or is it being together in the UK. Neither option is wrong, but being sure of your response will determine what you do next. If its about only being together then u start looking at your options to start your lives elsewhere. It doesn't have to be Lasmab's country of origin, there is a whole world out there. You can take back the control and get on with your lives. If its about living in the UK then Justwise, Dammylizzy and Ikato have given u some advice about how to tackle the process. Now with this option u r at the mercy of UK immigration who currently do not favour you based on past history. It's looking like you'll have to be prepared to fight and possibly wait quite a bit.

It's so easy to be blinkered by this visa process, especially after investing so much already but there comes a point where you have to prayerfully make the decision that benefits your future the most. Take back the power and do what favours your family the most.

ineedhimbadly:
@ Justwise, Girlflo and anyone else - Just recently been to court about my husband case and they have upheld the decision. We are now proceeding to go to upper tribunal. It was based on 320 11, does anyone know if this case can actually get allowed? Please I need your help Ive been without my husband for over a year now.

The success of your case at the upper tribunal really depends on the aggregation points stipulated in your husbands case. I have read over a few cases, it would appear to be notoriously difficult with this particular rule. It's not like you are trying to prove it didn't happen so instead you have to appeal based on the human rights of the UK resident. It would appear though, if it is feasible for the UK spouse to move to their partners country instead they will maintain their refusal based on this fact.

There's no reason why you shouldn't take this to the next appeal stage but it might also be worth looking at alternatives. You can't keep putting your lives on hold because of these UK immigration laws. Maybe u can look into exercising your EEA treaty rights, it would mean working in a European country for 3 months but it would appear that this process is quicker when done properly.

Remember u have options outside of this uk visa process

Hopeforallone:
@ Dunique & Shelair - Its not easy court was very difficult for me. Although the home office have no case anyway

The hardest part of this whole process is the waiting but just remember you've done all you can now. Put it all in Gods hands and get busy preparing to be reunited with your loved one. Unless you hear otherwise, it is well. It's not over, this will be a story that you tell of how you made it over. Keep your head up.

shelair1: I will like to thank everyone in this forum who contributed one way or the other to my success, Girlflo, ikato, Dunique, Hoperallone etc. I pray that God Almight will grant all of us our visas @ Hopeforallone it take up to a month, but you can call the tribunal to find out what is going on.
I have finally collected my passport on the 29th and travelled the same day. I am sooo thankful to God. You can imagine that all the while sheffield didnt email until yesterday. @ Dammylizzy I was not asked to present any tb certificate.

So happy that its all sorted out for you now, hope sunny England is treating you well!

dammylizzy: Hello all, my TB certificate expired on 12th of April and I'm set to travel in few weeks time. Do I need to take the TB test again or the expired certificate will suffice as I know it would be requested for at the POE? Thanks!

I'm not sure if its required, but if u have time it might be worth taking the TB test again. Might save you a bit of hassle at the POE.

dammylizzy: Praise God! I picked up my packet today and got my spouse visa! Thank you everyone for information shared on this forum. The waiting is over for me and shall be over for every other person waiting soon by God's grace. Amen.

Woohooo!!! Congratulations, this is great news. Praise God! The same way God made it possible for you, He will extend to those still waiting. No matter what it looks like, it will work out in the end by His Grace! Happy Days!

shelair1: @Hopeforallone 01612610980 SO sorry for the delay been running ard for my passport.my passport was said to ve come in on d 18 but both VAC Abuja n lagos doesnt ve it .pls can someone tell me wat to do it almst 3 wks now since snt it . thy r not replyin my email asin sheffield is the any num for them .really worried

We had a bit of trouble getting emails back when we asked after the whereabouts of the passport. I got a better response when I included the reference stipulated on the email overturning the refusal. I'm not sure if there is a separate ref no. on the letter you received asking for the submission of your passport but it might be worth noting that so that your enquiry goes to the right department. Have u actually been down to the VAC, if you have an email confirming that the passport was sent back on the 18th, they should be able to investigate its whereabouts from their end.

Hopeforallone: @ Anyone - How long after court until you know the decision can anyone help with this please. And who will know first the representative, Lawyer or sponsor? Thanks




@ Shelair - Still waiting on that number? Its been about five days now.

If you check Shelair's post on Sept 18, looks like they were told in court after they'd put forward their case that they'd won but I don't think this is the same for everyone. I've checked online and it looks like the general guidelines are that you'll be notified in writing approx 2 weeks after the court date.

[quote author=Ikato3540][/quote]The process changed over the last couple of years. You now post your passport yourself to the Sheffield office using a tracked postal service like DHL. Once you get confirmation that it has arrived, you'll also get the name of the person that signed receipt. You don't have to, but we then sent them an email notifying that the passport has been received, giving date of receipt, tracking ref and name of the person that signed for it. Then we asked for confirmation of when and where the passport would be sent back to. The whole process from receipt to posting back took just over a week. Obviously it all depends on how busy they are as well.

damyoyepitan: Hi girlflo ,m in a similar position and nid advice urgently.all my original documents used for my spouse application to enter the uk has gone missing,dis includes my marriage cert.birth cert and my degree cert.d home office claimed to hv sent it to my sponsor lady year but my sponsor says he only received photocopies back.unfortunately,I do not have a copy of my degree cert.i dnt no ow dis would affect my second application in two yrs time.pls advice

I think the only thing u can do at this stage is to ask them to list exactly what they sent back to you last year. Ask if they can check your file and confirm that your certificates are not still included in their records. It's a bit difficult but they should have a record that these original documents were checked and proved valid so it should not have an impact on any future extensions.