₦airaland Forum

Hopeforallone: He's not in the UK.

So sorry, for some reason I've always thought that it was you that made the application! Well, the reasons you've listed are deemed aggregated circumstances but this in no way means that your case cannot be overturned by the judge. Especially since you meet all the other requirements. Like I've said, the most important thing to do is to show that your husband apologies and is reformed. Put together strong statements and character references for both of you, this will help support your case.

Hopeforallone: @ Justwise and Girlflo- according to paragraph 320 11 he falls under these statements -

providing false documents for work - employment
using an assumed identity or multiple identities;
illegal entry
overstayer

I believe this is what the ECM/ECO will present in court. Just confused and time is going quickly which is a good thing, should we get statements from friends and family?

What is your husbands current visa status in the UK?

Hopeforallone: @ Justwise and Girlflo - My court date is set for early September and I am really anxious about going, my husband had a terrible history and this is the reason why they have taken it to court on paragraph 320 11. I know someone else is in the same situation on here but they have not been to court I don't think. Is it possible for them to grant the visa or could the judge refuse it or let it go to upper tribunal, even though they believe we have a genuine relationship, financial, accommodation and English request all met, but it's just the history, will the Judge punish me for what my husband did before we met? All this stress is not good, I can not bare being by myself anymore. Please advise me.

I know someone personally that had their visa refused under 320 11, they had no aggregating circumstances so the refusal was overturned before the 19 week deadline. The most important thing to remember is that the application of this law is discretionary. I expect they have identified the aggregated reasons why their refusal was maintained. What u need to do know is produce statements that prove a reform in your husbands character. Maybe get a letter from his employer showing how well he works and what a valuable contribution he makes. Your husband should also write a statement, apologising for past mistakes but drawing attention to his present reform. I think you should also write a statement, remind the judge that although your husband has made mistakes in the past that this is not a reflection on who he is today and also more importantly they should take in to account that u have made no such mistakes. Note that you are in a genuine marriage, there is nothing that either of u can do about what has been done but that u are ready to make a better future for yourselves. Get all this ready to be presented to the judge. Stay prayerful, God will grant u favour with the judge.

@sheriff2014

The most important thing to prove, in addition to your financial support, is that you have a strong reason to return home. When u make another application, make sure you focus heavily on any fees you've paid to continue your studies in Nigeria. Maybe include a letter from school, with details of your attendance and progress of your studies so far. It is notoriously difficult for students to get tourist visas but as long as u can provide strong, consistent evidence that you have the finances to support your trip and that u will return, you should then be in a more favourable position.

sunnychic: Oh ok. Thank u girlfio. So they are not likely to reply us again?

Do you have the contact for this Leicester office?

Hopefor has kindly supplied the contact details. Sheffield should still reply to emails but I heard they do have a bit of a backlog at the moment. I think the Leicester office should be able to give u an update.

sunnychic: Hello all, what does this judgement mean a as per the threshold?
Also, my 19 weeks expired on the 4th and still no word from them. They have even stopped responding to my email.

What's the best thing to do now aside from waiting?

If you're past the 19 week deadline, it's likely that they've maintained their refusal and an application has been submitted to present your case in court. Unfortunately they are usually bad at letting people know what's going on at this stage. I would advise that either you or your sponsor call the Leicester Tribunal office. They should be able to let u know if your case is due to be presented before a judge in court.

damyoyepitan: hi guys ,went to lekki dis mornin and piked my passport dere,cudnt wait at allllllllll.thnks to justwise,girlflo,target and evryone who advised.nairaland helped.travelling tomoro .cheers

Wooohoo! So happy for you guys...happy days! Safe flight.

damyoyepitan: Tank you girlflo but is it lekki I shud go by friday or ikeja still

It could have changed since last year but we were advised that all passports were sent to Lekki. If u want to be sure it might be worth waiting until u receive the phone call.

damyoyepitan: Hello girlflo and justwise ,pls I nid your advice here again.
Got dis from sheffield on monday and went to vac ikeja today but they said dey havent seen it yet ,when is advisable to chk bak as I intend to uy my ticket on friday ..
Your Visa has been Issued, and your passport will be despatched to the VAC in Nigeria tomorrow afternoon. You should be contacted to collect your passport by the end of the week.

I will be unable to answer further emails regarding the whereabouts of your passport this week, please do not enquire further unless you do not receive your passport by Friday afternoon.

Kind regards,

J Colton
IT Support Officer
UK Visas & Immigration

Hom

As Justwise said, give it to Friday, your passport should be ready for collection. My husband didn't wait for a phone call to collect his so as long as its not too much of a journey, I would just turn up with a copy of the email as proof that its been sent.

kwasi88: pls how long does it take for the Eco to call one to submit his or her passport to them after one hve won am appeal case .

They have 5 days after the judge determination to contest the decision. It can however take them weeks to then request your passport. Maybe there is someone here on this forum that can let u know how long it took Sheffield to request the passport after they won their court case.

IGLE25: thanks... Please can you help me with some of the requirement...

I would advise that u check the UKBA website as requirements can change but basically you need to provide evidence under 4 main areas. Financial - UK spouse needs to be earning more than £18,600. Accommodation - u need to have a home that can accommodate the both of you. Relationship - you need to prove the legitimacy of your relationship prior to and including the wedding day. English language - u need to provide evidence of passing the English language requirements.

kayeee4321: oh ok thanks for your advice,may i ask why fiancee is "notoriously difficult"to get? hehehe we havent really met in person yet,this is the first time so i camt apply for a fiancee yet
its actually very fast,so we just want to be together and thinking of which route is faster and easier thank you

With a fiancé visa it can be difficult to prove that you have intentions of marriage strong enough to convince the ECO. Especially if you are applying from a high risk country, you have to prove strong relationship ties and proof of firm plans for the wedding. Also as the potential spouse u will not be able to work until u get your spouse visa after marriage. Since you guys haven't met, I would advise that you arrange to meet first. Develop your relationship, it's not necessarily about how long u r together before marriage but it helps greatly if u have experiences to speak of together, e.g holidays, birthdays, celebrations etc. I would advise that you visit as a tourist, go back home then start planning your wedding. Make sure u keep all emails, phone bills, take loads of pictures and basically start gathering your evidence for when u submit your application.

kayeee4321: hi
i am applying for a uk tourist visa to visit my bf,but we wer wondering if theres a chance to get married while on a tourist visa?

because if i wer declined of a tourist visa then he would come to me to get married here them i cam just apply for a spouse visa..but he can only be here 2wks thats why we opted me to go to him which can be upto 2 months if i was approved..thats why we wer thinking if theres a way to get married there instead

thanks

You cannot get married in the UK whilst on a tourist visa. I would advise that if u either go for a fiancé visa (which are notoriously difficult to get) or you get married in Nigeria and make an application for spouse settlement from your home state.

IGLE25: Good day all. I am new on nairaland. I want a clear answer to this issue that has been bothering my heart for long now. My younger brother applied for UK visiting visa sometime ago and he was refused. His refusal was based on the fact that he said he has an Aunt in the UK without enough evidence to prove that the person in question is truly his Aunt, that how are they sure that if he is given the visa that he will return to Nigeria after the expiration of his 6 months visa. He was given chance to appeal which he did not. The issue on ground now is that his to be wife is coming to Nigeria for their wedding she is a British citizen. I want to know if his first refusal will have effect on him while trying to apply for visa to be with his wife in UK. Please what do you advice and what should he have on ground when the wife is ready to take him over because this is their plan... Kindly advice on this...

His first refusal should have no baring on his next application. He just has to make sure that he declares the refusal in the application. They are more likely to scrutinise his application because of a previous refusal so it's important that he provides strong evidence to meet all the requirements for a spouse visa.

shelair1: hi everyone. I am so excited. I got my determination today which shows the judge has overturned the decision and has given the home office five days to appeal and refund the appeal fee. I really want to thank everyone Girlflo, Hoperallone etc who contributed to d advice and encouragement and also encourage others that are waiting for their hearing date.
I also what to know when I should expect them to call for my passport. thank you.

Congratulations, this is wonderful news, Praise God! They do sometimes take quite a few weeks to request your passport after a court case has determined in your favour. I would give it 2/3 weeks, then send an email to the Sheffield office if you haven't heard anything. Scan the determination letter if u can or use the reference number on the letter. Note that since you haven't heard otherwise that you expect the Home Office have agreed with the determination of the judge. Then ask when you should expect to be asked to submit your passport for the visa.

damyoyepitan: Hi justwise nd girlflo ,got dis today..
Dear madam, your application has been concluded in Sheffield today.

If you have not heard from us or the visa application centre in one week plesaexite again.

Sheffield visa section
Pls does that mean dey have sent my passport bck to naija or yet to send it.

Sounds like they've processed your application and have posted your passport back, usually takes them about a week to do that. If u don't hear from them, just go to the VAC with a copy of the email to find out if it has arrived.

DUNIQUE1: The representative which is my solicitor has refused to tell me, all she says is I should be patient but I decided to email the Sheffield office requesting for the deadline date, although they weren't specific about the date, they managed to reply me with this email


Your appeal should be reviewed by an ECM in the coming weeks. Should the ECM decide to overturn the Refusal decision on your application form, they will notify you directly by email. Should they decide to uphold the original decision, we will forward your appeal to be heard by an immigration judge, and the Courts & Tribunal Service will notify you of the decision.

So I think I will give them two or three weeks more, hoping for the best my brothers and sisters.

Ok, sounds like a similar email I received when I asked for an update. At least it means they have your case and its on schedule for review. Yep, in 2/3 weeks email them again. Mention the email that you've just received, note that you've been advised that your case is pending ECM review, ask for an update and for confirmation of the date for your 19 week deadline.

DUNIQUE1: hello @ Damyoyepitan, please I haven't followed much of your story, I was going to ask when did you make your initial appeal , I sent my appeal towards the end of January but payment was taken 13th February, I am yet to hear anything but I have followed up with few emails though, also got the mp from my wife's borough to send a letter on our behalf last month, just curious!

Have you received the notice from the Sheffield office with the 19 week deadline? The representative on the appeal form should have received this about 2/3 weeks after payment was taken from your account.

damyoyepitan: Hello girlflo ,my passport was delievred to sheffield on the 26th via dhl ,till now I hv been mailing to get comfirmation weda they got it and if it has been sent bk to naija no replies till now and its 4days now ,pls ow long will hv to wait more or wat to do next ..

Don't worry too much, I experienced the same delays when I was trying to find out about the passport and I hear they r also a little bit busier than before so they r slow in replying to emails. Unfortunately they have no phone number so just forward the last email u sent to them 4 days ago and say that u still have not received an update. Say, I would like confirmation that the visa has been printed and your passport sent back for collection. It should only be taking them between 7-10 days from receipt to process and send back your passport. I'm not sure how busy they r at the moment though. Once u have confirmation that its been sent back, give it about 1-2 days, don't wait for the VAC to call, just turn up with your printed email as confirmation that your passport is ready for collection.

olami101: Pls house,can somebody explain to me in detailss how I can process my visiting visa..plsssSsssssss.

The best advise I can give u is to go on the UKBA website. Find out what the requirements are for the visa, gather your evidence, fill in the form and then pays your money. The advise anyone gives u could b outdated or not relevant to your application. As long as u meet the requirements and spend time going through the form, you'll b fine.

damyoyepitan: Hi evryone,gud to no nairaland is bk ,I would to like to thnk justwise,girlflo,darlene,nd others who helped with encouragemnt.God as done it as I was mailed to send my passport lastweek wednesday for the issuance of visa which I hv done,just waiting to gt it bk nd start my life.now I dnt no wen to expct d passport bk or which of d vac to pik from as dhl delivered it on thursday d next day.I hv mailed to ask if dey hv received my passporty but no reply yet.Thnks evryone for ur support.justwise.I hail o

Great news Damy, PRAISE GOD! I'm so happy for you, the hard bit is over!
Target has let u know exactly what happens next, it shouldn't take them too long to get the passport back to you. I found that once they asked for the passport there was a different reference number on the letter. I got a quicker response when I used that reference in the subject heading. If u don't hear anything in a couple of days, it might b worth sending another email, say you've had no confirmation of receipt.

Wow, close to 6 months worth of updates, informations, celebrations wiped but hey, not forgotten. Life goes on, any efforts to destroy the good of this forum have not succeeded! Have a great day people.

damyoyepitan: Thank u girlflo. But seriously ..Oga o..also he said he can used his former work place and put summoney into d account to make it looklike he is still dere..dou tink dey wud comfirm from his wrk place ,cus he's just abt to start contracting .

He will need to provide a letter from his place of work dated at the same time of submitting the application declaring that he is currently in employment. Even if he leaves after submitting the forms, he will need to notify the UKBA of these changes. Like I said, since you have experienced a refusal, they are likely to increase their checks and could therefore contact your employer to verify. You could end up being banned for 10 years for submitting false status documents. If your husband is still employed and can wait until after you've received the visa to become a contractor it might be better for your application.

=damyoyepitan. As justwise has advised, as long as you meet all the requirements for the visa you can apply at anytime, just make sure you provide as much evidence as you can, since you have been refused before, they are likely to be a lot more thorough with your future applications. Since your husband is now a contractor, you'll have to prove that be has earned more than the £18,600 threshold over the previous 12 months, this will mean that you will need to include his payslips. It's likely that they may want to have some sort of indication that his future earnings will be suitable so it'll be worth showing his earnings as a contractor for at least 3 months of contracting. It'll be worth indicating that his earnings for the year ahead will more than likely meet or exceed the threshold.

Eishai: Hie to everybody over here thanks to lord and all u dear friends for being my moral support during this hard time n may lord erases all ur hardships soon
Today I got letter from BHC stating that ecm have over turned decision and granted me visa
N I will continue to pray for u all that u get ur part of happiness soon amen
Once again thanks to all

Woooohooooo congratulations my deary. I'm so very happy for you and your family. God is good and He will continue to bless and keep your family together. Make sure u pack an umbrella, it hasn't stopped raining in weeks!

Eishai: Good morning everyone my friends today I got call from BHC n was told to submitt my passport as soon as possible with my sponsor passport copy along with sponsor undertaking form and TB clearence medical report again what does it mean on phone they never mentioned that I have granted visa plzzzz I'm scared and my bones are shivering

Sounds like good news since they've asked for your passport. Not sure how the Mumbai embassy works but they may just require those documents again in order to verify that there has been no change to your status since the initial application. God is working this out for you, good news is on its way.

sojay: @girlfo,

Many thanks for your response. I need to also state that it was a visitor visa. I stated and included all these things. Do i need my aunt to state/make an undertaking that i'll be staying solely with her? Can she state all these via email too. Again, when do you fill is the best time to re-apply please?.

I think you can apply anytime, it's not a mark of desperation if u apply sooner rather than later. Just note with your application that you are making this application because you still have plans to visit your aunt and that you meet the requirements for this tourist visa. Then list the documents you've submitted, noting by each one how it meets the visa requirements. As long as you make it clear that you are solely financing your visit, they should then use this to evaluate your application. I believe your aunt can stipulate the conditions of the invite via email, if not, I'm sure someone else on this forum can advise.

Merry Christmas everyone. It's been an interesting year for many of us. Whether you've celebrated successful outcomes or are currently waiting for your good news, give thanks to God for what He has made possible. Be reminded that the visa is not the end of the story, life will continue to have its challenges. The character you develop now will keep you for the battles of tomorrow. Merry Christmas everyone.

leeon2011: Hello
@girlfio. @justwise and other members in the house

am really stuck 2 is b n nearly month nothing heard from judge any idea how long is can take n
how many day they off Xmas

Since its the Christmas season, they may have less staff over the period due to annual leave. The office will probably be closed on Christmas Day, Boxing Day and New Year. This could delay the processing of paper work slightly. I pray you get the judges response in early January

dideoluayantund: @ just wise and et all many thanks.My application is now exactly 3months and i havent heard anything from them and the status remains the same as at when i applied for a settlement visa from Jordan.

The UKBA have advised that they can take up to 6 months to process the initial application. I expect that you should hear from them within the next few weeks. Unfortunately they don't give u much of an indication as to which stage u are in the process but I'm sure you shouldn't have much longer to wait for a response.

@=sojay

As you know, the right of appeal for a tourist visa is limited so I'm not sure it will be worth appealing the decision. It might be an idea to reapply. Include in the application a statement making clear that your aunt has invited you to stay with her and is not a sponsor for your application. I expect you included your own bank statements and proof of ability to support yourself. Highlight these in your application and note that your aunt's documents have been included purely to verify that you have a place to stay and that she has agreed to accommodate you throughout your stay. You'll need to breakdown how much it will cost for your entire stay including flights and then evidence that these funds are available to you.

Hopeforallone: Any information on the appeal process and how long it will take?

Bit hard to judge this one, it depends on the embassy and the workload of the visa office. For the initial ECM review it can take anything from 1 to 6 months. If the case goes to court, it can take a further 5 months to receive the judges decision.