₦airaland Forum

leeon2011: Girlfio and justwise and other members
plz I need help


Hi my hearing finish on 28th November is Ben nearly 3 week n my wife call today in court n They told my wife

it's on reserve
What's that means

I've just found this article on www.foreignersinuk.co.uk, called "Visa appeals:the process. It's a bit of an advert for using a lawyer but has some good information about the process. It states that usually Immigration judges 'reserve' their decisions on cases. This means the immigration judge will not usually indicate their decision but instead chose to write to you within a short period of time with their decision and the reasons why. This to me sounds like you will not receive the decision until u receive the determination letter as target007 has indicated. Your wife could also just give the court another call and ask them to clarify what "reserve" means.

@target you can't see me right now but I'm doing my happy happy dance!! PRAISE GOD! . This is amazing news, with God all things are possible my friend.

Eishai: Plzz help........M just worried now because wen I submitted my visa application my degree certificate I included was 1st 2nd year and as third one was pending as my results were not ou.t wen I did application I included letter from college regarding that my results pending but wen I was refused by that time I got my results....... n send all three certs for naric UK verification ........I got letter that all degree and diploma I hold are valid and comparable to British level n on top of it I did English test pte academics which is approved by ukba aswell n submitted the results too requirement was for A1 level and I cleared it with level B2 which higher.... Plzzz friend do you all think it will b accepted by Ecm m just going in depression its been 13weeks...no reply from them Gods mercy

I expect they should be looking at your case at some point in the next few weeks. There may be a slight delay with Christmas and all the bank holidays, but hopefully it won't be too long. Sounds like you've provided all the right documents to prove the English test requirements, there's not much more u can do now but to pray and trust God for a positive outcome. Don't let this process consume you, it will all soon end, it shall be well and will work in your favour.

leeon2011: My wife today call court they say still judge decision not made
and is b n today is 16 day finish
Am worrying so much now

I would advise that since they have now gone in excess of the 12 working days as stipulated on the justice.gov website for the judge response that you are well within your rights to chase them up on a daily basis for an update. Now it does state that they aim to respond to you and are therefore not bound by these guidelines but as along as you are polite, they can't get upset with you if they are now clearly outside of thir normal working practices. You have to be persistent with them so that you stay visible. Really hope you get your answer soon.

@KnightDaakins

In my experience fiancé visas are a lot more difficult to get, I think mainly because of the level of proof you need to provide in order to assure the embassy that you intend to marry, it can become quite subjective. My advise would be to continue with you fiancé visiting next year. Then you can start arranging your wedding, probably be easier if it takes place in Nigeria. I would advise that your wedding take place on a separate occasion, ie don't meet for the first time and get married on the same visit. No matter how honest, this will raise suspicion. Then gather all your documents and put in the necessary applications for a spouse visa. I believe this will put u in a stronger position. I'm from the UK, my husband is Nigerian, we got married in Nigeria and did all the paperwork from there, although we both met in the UK. It was a long process but it was worth it in the end. Hope everything works out well for you, God will continue to guide your footsteps to make the right decisions.

darlene 10: @ girlfio forum mates pls help me ooooo.I need reasons to expedite my court hearing got a date for may next year dis rily far ooooo.six months after dey upheld initial decision

You'll need strong reasons in order to expedite your appeal, so this might be a difficult route to take. A while back someone on this forum got their local MP to write a letter and they got their appeal date changed, that might be an idea. 6 months does seem a bit excessive so u are well within your rights to question this scheduling.

damyoyepitan: Hi justwise ,girlflo and others in the house ,so. I got a message from sheffield saying ..Thank you for your email. Your appeal was reviewed by one of our ECMs and it was decided that the Refusal would be upheld by our office. The appeal bundle has now been sent to the Courts & Tribunals Service for the hearing scheduled on: 27/03/14

There is nothing that our office can do now regarding speeding this process up.

Kind regards,

J Colton
Pls what can I do now .

So sorry to hear that but be encouraged its not over yet. I believe your application was initially refused because they were not satisfied with the documents submitted to prove your relationship. Were u able to provide additional documents eg emails, phone records, photos etc. just want to see if there is anything additional that can be used to support your case. The thing to do now is to start preparing all your documents to be presented to the judge. Take every document that you submitted to prove your relationship and then write a statement of why that particular item clearly indicates the status of your relationship. If you can also include letters from close family and friends endorsing your relationship that would be great. Sheffield will have to produce reasons why they have maintained the refusal, it might also be worth contacting the Tribunal office to find out when you will get this determination letter which will again help u to prepare for the court case.

dotcom_na_me_na_me: Ok thank you, but can the applicant attached copy of her documents along with the Administrative review? I mean copy of the documents already been submitted when the applicant was refused?

My last question is: Does administrative review has application form? or just by writing?

Must the administrative review lodge to the exactly High Commission where the application was refused? I mean if the application was treated in Lagos, must the review sent to Lagos? or it can be sent to Abuja or Lagos?

As long as they were the same documents and you are simply including them to draw the attention of the ECO to points that were missed during the initial application then there should be no problem if they are included.

I don't believe there is a form but maybe somebody on this forum that has recently done an administrative review can advise if the process has changed. From my understanding you send an email to the attention of the ECM to the same office where your application was processed. You make your points clear and give reasons why the decision made does not reflect your suitability for the visa.

dotcom_na_me_na_me: What about General Visitor's visa applicant, and you're sure that the ECO was the one made mistakes in his decisions, do you think a review is not the best option instead of appealing it?

Visitors visa's have a limited right of appeal if refused. Your options are to either appeal if you feel that the decision made was in violation of your human rights or you can request an administrative review. In both cases you cannot submit any additional evidential documents to support your case. With an administrative review in particular you will need to highlight which documents have already been submitted that prove your suitability for the visa in question. If this cannot be easily done then as long as u meet the requirements, it may be better to repackage your application and submit a new one.

Eishai: Hie to all friends and girlfio I just called up Mumbai BHC in afternoon and enquire about my appeal they said its not reviewed by ecm they said this same thing in 8th week n after 12th week also same reply I'm just so feeling law n wen I informed my wife she is in to tears now holy gracious I too much worried .....just don't know so just informing here
Holy marry mother of god Plzz help n friends Plzz u do all remember me in ur prayers ..

This is the hardest part of the process. You've waited so long and it starts to feel like it won't end, but the only way to make it through is to encourage yourself of the fact that you will make it to the other side of this. The embassy won't give you updates generally, they've got 19 weeks so just stay strong, trust God, keep in touch with your wife, love has no respect of distance. It will soon end and you will celebrate good news.

emozozocity: I just got a respond from sheffied that my appeal wil be overveiw by this week or next.does that mean it wil be overturn?it was a spouse visa?and I was given till march 2014?

It means that they've been able to review your case early, which is positive. Unfortuneatly this is not an indication of what the results of this initial review will be. It looks like at the moment the Sheffield office workload is low so they're doing the initial review a lot earlier. I pray u get the good news your looking for.

Eishai: 11th week over in name of god but still no response from BHC Mumbai I don't know why are they taking soo long for it I have just refused on one point English requirement that also met by applying uknaric letter of comparison someone told me it will take only 1 to 2 months but its more then 2months........I'm just tensed n stress has eaten my flesh

Unfortunately, the simplicity of a case has very little impact on how long it takes for the ECM to review your case. You've made it for a good portion of the time already, all being well you should hear from them in the next few weeks. Stay strong, trust God, it'll be over in a little while.

leeon2011: @Girlfio

my wife finish hearing in court and is just take 10 minutes every fink ok but my lawyer say finger cross if they don't say put new file .because of p60 last year now des year so different amount

am so worry now

The court will review the evidence you've submitted for your case at the time of your initial application. The P60 for the period before you first submitted needs to show that the sponsor earned £18600 or more.

Not sure how long it takes them to give you the outcome of the court hearing, hopefully someone else on this forum that has recently gone down the court route can advise.

@mato-justo Praise God that you finally have your passport back. Hope you've got a heavy coat, scarf and gloves ready, winter has indeed arrived! My regards to your family, enjoy every minute of your visit.

yams79: Hi, can someone pls tell me how long does it usually take when you submit your passport for the visa to be issued.. Tanx..

If its a spouse visa and you've sent your passport to Sheffield for the visa then it takes them just over a week. I believe it takes quite a bit longer if your visa is being processed in Nigeria e.g Tourist Visa etc. maybe someone else on here that has recently experienced the processing of their passport for other visas can advise.

twitterfreak:
plssss guys re-applying or appealing which is better?

It all depends on your situation. If you were refused for reasons that you did not meet in your application but now, in the fullness of time, you do, then a fresh application is the way to go. If nothing has changed and you are now required to evidence your suitability then the appeal route is the best option.

I generally favour the appeal process, although it takes a long time, at least you know what you are dealing with and u risk them finding something else to refuse you on if u put in a new application. I'd rather wait a while, save my money and prove them wrong.

leeon2011: Hey guys plz plz plz pray for me my hearing tomorrow

am so much worry

Praying that God's favour will rest with you. Fear is not your portion, God will hold no good thing from you. All the best for today.

damyoyepitan: Girlflo.so I mailed dem @ sheffield and got dis

Thank you for your email.

Your appeal is currently being reviewed by one of our ECMs and the decision will soon be made to either overturn the original Refusal, or to uphold the decision and send it to be decided by the Courts & Tribunals Service.
Does it not seem faster as d just got d bundle on nov 14th,

First time I've actually seen them notify someone that their case is being reviewed. Good to hear that they are at least giving you a real update. Don't worry, this is not an indication of bad news, it could just be that their workload is light during this period so they are reviewing earlier. Trusting God that you'll get the good news your looking for real soon.

Eishai: @girlfio thanks a lot for ur reply hope things turn out may god have mercy this time on me.......

God has heard your prayers, His Mercy, Grace and Favour are with you. It is good for Wife to be with Husband, God will not hold this good thing from you.

Eishai: Hie all my dear friends I'm new to nairaland forum but my problem is same as you all I applied spouse visa in april 2013 from Mumbai and was refused 25 June 2013 stating that I do not have English requirement proof I did appear for pte academics after that and passes exam at B2 level and verified my all diploma and degree certificate through naric UK and its comparable to British level in name of god ........I appealed in July and got determination letter in September stating that ECM has given time till 24jan 2014 for review
Dear all its 10 week going but no response from them my solicitor told it won't go to court but exercise patience I did mailed to BHC in Mumbai ane they gave me call and soar that its still under review so I have to wait really really really tensed about it its been 2yrs for my marriage and we are staying apart from each other ......

I know how frustrating this whole process can be but the reasons have easily been met. They dont tend to give u much information in terms of the progress of your case so dont take the fact that u have no update as an indication that there is a problem. It's hard to say when they'll get back to you but it will be before the deadline. You've supplied the documents and met the points of the refusal so you should get your good news soon.

loomjet: @ Girlfio am thinking of going der 2mrw tues to check if my passprt has arrived. Do u think its a good idea?

Well, it's likely that it arrived today, the guys from Sheffield said you are to contact them if u haven't heard anything by Tuesday so it looks like they expect u should hear from them by tomorrow. If u have to travel far it might be worth waiting until Weds/Thurs just incase they turn u away. If not, its probably worth going down there tomorrow afternoon. My husbands passport arrived on the Monday, he hadn't heard from them by Wednesday so he just went down there on Thursday morning and collected his passport.

[quote author=darlene 10][/quote]Ok, it looks like we'll have to see from the determination letter to find out what areas of your application need to be evidenced further. Let us know when you get it so that we can go through which documents you can submit.

@darlene 10

Relationship: what you need to prove here is that you were in regular contact over the period stipulated before you got married. Apart from the phone conversations and Skype, did you submit any emails? Were there any money transfers between the two of you that you can evidence. Did you submit photos of the both of you together before u got married, preferably with family and friends? Did you exchange birthday, Christmas cards? These are all forms of communication and will indicate that you have had relationship before marriage. Do you have family/close friends that can vouch for you and have been aware of your relationship throughout, u could include statements from them.

Finance: you need to make it clear here that 12 months prior to your application that your sponsor earned £18,600 or more. You will need bank statements from each month and payslips from each of those months that correlate directly with what entered in to his account. Now since you submitted these with the appeal I'm not sure what concerns, if any, they have with the financial aspect.

Once you receive the determination letter you'll know which areas you will need to evidence in order to support your case in court. You should get this letter along with your court date, at the moment, I believe they are taking approx 6 weeks to supply this. Just stay in contact with the Tribunal office until you get it so that you can start preparing your documents.

darlene 10: @girlfio still cant believe dis email.I know I really put in my best for dis appeal but I can't question God.I think d next step is to wait and see why they refused to overturn der decision
May be re apply don't think I can stand anoda 5-6months.its really frustrating

Thank you for your email.

I can confirm that the ECM who reviewed your appeal, has decided that the decision made by the ECO was correct. All further information submitted was considered. The Appeal was forwarded to the Courts & Tribunals Service as of yesterday (13/11/13) where it will be heard and considered by an Immigration Judge. You will be notified of the results of the hearing by the Courts & Tribunal Service, not our office.

Kind regards,

Sheffield Visa Section

So sorry to hear the news but all hope is not lost. We just need to figure out what documents we can now supply to support your case. In terms of what is best to do now, I would say that unless your situation has improved ie, sponsor has acquired a higher salary or better accommodation which would give u a stronger application that it would be best to continue with the appeal process. At least you know what you are dealing with and you don't run the risk of them finding something else to refuse your application on. What were the reasons for your refusal and what documents did you provide to support your case? Maybe there's additional evidence you can send through to be presented to the judge.

loomjet: At girlfio , I got this email from dem now!

Thank you for your email, I apologise for the delay in responding.
 
Your passport has been despatched the VAC in Nigeria on 14/11/13 and should be available for collection on Monday or Tuesday next week.
 
If you have been contacted to collect your passport by Tuesday, please let us know and we will contact our colleagues at the VAC to see what is happening.
 
Kind regards,
 
Sheffield Visa Section
 


My question nw is dat, where do I pick it up? I applied at the VAC in ikeja. They didn't mention where I should pick it up.

All passports are sent back to the Lekki VAC in Lagos. You can get the address online. If you don't get a phone call from them by Tuesday, just go down there with your email from Sheffield as confirmation that your passport has been sent back. Not long now, the wait will soon be over.

loomjet: @ Girlfio, I sent an email to Sheffield on Tuesday asking for an update on my passport and when it will be sent back to Nigeria. Its 4 days nw and they haven't replied.So Worried!

No need to worry, they were a lot slower in responding to me about the passport when I emailed them as well.

By now, it's possible that its already been sent back to Lekki. Just send them another email today and say "as per the below email, I have not yet had a response. Could someone please let me know if the passport has now been sent back to Lekki VAC for collection?" Make sure in the subject heading it reads "Passport Collection: (name of applicant, appeal ref, date of birth)

@Damyoyepitan

Good to hear that you finally have your deadline date. Yes, you can continue to submit documents to Sheffield up until your case is reviewed by the ECM. Just send them an email with the documents and request that they be considered to support your case.

@yams79

Now, since you have a hearing date for January it is the expectation that your case has been reviewed by an ECM and the decision has been made to maintain the refusal. Your appeal bundle should then be sent back to the Tribunal office by the visa office to be presented to the Judge for the court hearing. If they haven't already done so they will have to do that before your court hearing. Along with this bundle should have been a letter from them determining the reason why the decision was maintained. A copy should have been sent to your representative or lawyer.

In terms of what you can do now, the most important thing is to gather evidence that will prove the eligibility of your relationship. If there is anything that you did not put in the initial appeal then gather it for the court hearing. It could be an idea to get an endorsement from someone that has been aware of your relationship from the start. They could just write a letter to support your case. I encouraged a friend of mine that was light on evidence to do that and they got the visa.

In terms of your chances, it really does depend on the documents you supply. History dictates that a number of cases presented to the judge are usually favourable but don't rely on this. Get as much information as you can to support and prove your relationship. Make sure your representative is also well versed with what needs to be presented to the judge. I pray it all works out in your favour.

comfortmuniru: everybody in the house please help me praise the name of Lord!, the name that is above every other name, i just got my spouse visa today, was scared to death because i applied just on the 9th of october and i am here with my visa just 1 month, and the visa was issued on the 29th of october so it took just three weeks. please i am overjoyed. thank you justwise, girflo, everyone in this forum. u pple are just too good, please keep doing what you are doing. God will always reward you. i am around if anyone needs advice or wants to knw the documents i submitted. thank you all so much. God Bless

This is great news. We just pray that we can continue to provide enough information so that families are not hurt by this visa process. So happy for you, congratulations.

damyoyepitan: Please be advised that the Notice of Pending Appeal (IA10) has not been issued yet in this appeal. We have now passed it to the relevant department for the letter to be issued as the fee has cleared.pls girlflo wat does dis mean

It means that they are still processing your bundle to send to Sheffield for consideration. The IA10 is the letter that you'll receive which gives you your 19 week deadline. The positive here is that it has now been passed to the relevant department to process so the hope is that you should get your letter within a week. I would advise that your sponsor call them every couple of days until you get confirmation that the Leicester Tribunal has sent the bundle. It won't necessarily hurry them up but at least if they see any hold up on their system it can be rectified sooner rather than later.

loomjet: @ Girlfio, I saw a cheap ticket for dec 13 and am looking to book it today. I dont know if dats to soon! My passport was delivered to sheffield on Monday!Thanks!

You should be ok, they generally should get the passport back to you in about a week, u should have it back by next week. I'd think you'd b ok with booking that ticket. Alternatively u can wait until Friday, send Sheffield a quick email to confirm that it's been sent back and then book your ticket.