₦airaland Forum

beenut: pls i need some advice asap before i proceed. i applied for a settlement visa from nigeria, but unfortunately i was refused on the ground that i did not include my test of english result and the need more evidence that am truly married to my wife. i send them our marriage certificate,pictures and all relevant documents they might need. my wife is british and we have a daughter together and expecting another one in couple of weeks time, my wife has a very good job dat earns her atleast 60k per anum with reputable company and she has never recieved any help or benefit from the gov,pays her tax regularly. yesterday i just recieved the decision and was refused. pls what can i do next?

@ BEENUT,

Did u submit your English language test result with the appeal?

[quote author=beenut]pls i need some advice asap before i proceed. i applied for a settlement visa from nigeria, but unfortunately i was refused on the ground that i did not include my test of english result and the need more evidence that am truly married to my wife. i send them our marriage certificate,pictures and all relevant documents they might need. my wife is british and we have a daughter together and expecting another one in couple of weeks time, my wife has a very good job dat earns her atleast 60k per anum with reputable company and she has never recieved any help or benefit from the gov,pays her tax regularly. yesterday i just recieved the decision and was refused. pls what can i do next?[/


Hi there,

Sorry about the disappointing news. I assume from your post that you appealed and the decision wasn't overturned at home office level.

Did u submit the results of the English language test result with the appeal?

Hopeforallone: @ Dunique - The best thing you can do is gather all evidence for the court case and seek not a barrister but a immigration lawyer. For my financial requirement we submitted
-12 payslips
-Letter from employer
-Contract Letter
-Bank statements

Accommodation - Evidence stating that the house was owned or tenancy agreement of a one bedroom flat

Subsisting Relationship - We went over the top
-Pictures of family and friends
-Emails over one year
-Letters
-Birthday Cards
-Talk home cards and so on everything we had pictures from all over the country you really have to go over the top when it comes to relationship.

Did they refuse you on paragraph 320?

Para 320 can be overturned in court. I've heard of cases where it was. I have SEEN someone return to the UK with a bad case of Para 320(11). His was hideous!!! I blinked twice when I saw him return back then.

It's a matter of preparation, the nature of offences, and the Judge who you come across.

Jehovah! The MOST HIGH judge has the FINAL say.

Hopeforallone: @ Dunique - The best thing you can do is gather all evidence for the court case and seek not a barrister but a immigration lawyer. For my financial requirement we submitted
-12 payslips
-Letter from employer
-Contract Letter
-Bank statements

Accommodation - Evidence stating that the house was owned or tenancy agreement of a one bedroom flat

Subsisting Relationship - We went over the top
-Pictures of family and friends
-Emails over one year
-Letters
-Birthday Cards
-Talk home cards and so on everything we had pictures from all over the country you really have to go over the top when it comes to relationship.

Did they refuse you on paragraph 320?

I completely agree with hopeforall.

Ensure you go OVER the top. Nothing is too small or too much to prove relationship. Anything and everything u can lay your hands on to prove relationship. U can even use letters from family and friends ( with a photocopy of their British passport if poss) attached to their letters; stating how they know of your relationship etc... Evidence of contact before AND after marriage. If uve got whatssup correspondence , print it out too. Emails, photos.... The list is endless.

Even if means u have a wheelie bin full of documentary evidence , no problem, they wldnt mind.

Since you submitted the missing financial documents in the appeal then ensure u veto all your documents as hopeforall suggested with an immigration lawyer/ adviser before court so U haven't missed anything out.

DUNIQUE1: it was two refusal reasons, one was that I do not meet the relationship or accommodation requirement and the other is that I do not meet the financial requirement, because they said a payslip was missing, and employment letters and also I relied on self employment too, they claimed we didn't include evidence of SA300 or SA302 of which we did. So we have tried to get those thing sent to them during the appeal and also my wife had to pay her taxes around the time of my initial refusal, so she added the receipts of the taxes she paid, which was up to 3000 pounds.

@Dunique.

It's a good idea you added the tax receipts from HMRC in your appeal. It potentially strengthens your claim of meeting the financial requirement.

They might have already reviewed your case, but who knows for sure. And I don't think one can say if they would or wouldn't overturn before it gets to court. They can be unpredictable attimes.

The time wld run out quickly and Nov wld soon come. ( basically in 3 months)

SamyUIStudent: Somone should pls answer my question

Sorry no ideas here either. You are in the wrong place.
You might want to search in "UK visa general enquiries" thread.

SamyUIStudent: Somone should pls answer my question

Sorry no ideas here either. You are on the wrong place
. You might want to search in "UK visa general enquiries" thread.

SamyUIStudent: Somone should pls answer my question

Sorry no ideas here either. You are on the wrong thread. You might want to search in the thread in the "UK visa general enquiries" thread.

DUNIQUE1: Hello house, one more question for anyone who has an idea, do you think the HO has definitely reviewed our case for those of us who got a nearer court date? just wondering if they think they stand a chance against us. Reason why I am asking is that, I am hoping they can still overturn their decision in my case too since I included the document they said was missing in my appeal, so if that isn't enough for them, I wonder what they want from me and my partner.

TBH, it depends on what the grounds for your refusal were. What exactly were the grounds for refusal. Normally they should overturn if you have provided the correct documents to counter the refusal reasons. If u have satisfactorily responded with evidence, they should overturn.

So it kinda depends on the exact grounds for refusal. They also should send you the reason they refused to overturn their decision to you and with the appeal bundle.

If u have more than one refusal reason, they may have conceded to one but stuck with the other.

DUNIQUE1: Thanks so much @ Ikato3540, I really can't wait for this to end in praise, I really want to have good testimonies and I hope all of us do have by God's grace.

Everyone I have gotten a court hearing date and it is set for November.

You know something? It's not so bad you know?!

But so sorry to hear it's going to court. It would be over soon and by Christmas you may be back here looking for ticket prices.

I am hopeful for you. But please DO get a GOOD immigration barrister, and please do prepare the best possible way.

Please don't mind the cost. This is your one shot to make things right.

All the best.

DUNIQUE1: In the Uk, April 2010! And they refused my application after that, saying I am not legit anymore in the UK to apply, that I have to be in my country to be eligible, I appealed but they still won the appeal saying there was no reason I couldn't come here to apply. That is how I ended up here and when I did, it was so unfortunate the laws changed before I could do the English test I booked in my city, so I have been caught up with the new law and it took me 18 months before my partner met the financial requirement and we applied last year October, only for them to say they don't believe our relationship is genuine and that some of her payslip is missing with her employment contract letters.

My Days! What a journey you've been on.
Everything is going to be ok.

Have u contacted the Tribunal? What did they say?

fazo14: This isn't an easy journey we on, I would want 2encourage every one of US, we stay positive and hopeful. As girlio said We Need God more than ever$ I trust He will hasten to our aid$ favour Us all. No matter wat our situation is God can make all things New$Beautiful, Luke 1:37 says Nothing is impossible for God.

Got my court date some days ago for February 2015,it dealt me a heavy blow,but I tell myself 2accept it $prepare towards it in good fate and pray its successful eventually. I urge us all in same spirit. God bless Us all Amen!!!

Shame! It's so depressing to hear that one has to wait for so long to get a court hearing.

DUNIQUE1: When you say another, whom are you referring to? My mother in-law is willing to go to the court with my partner if we use a barrister or not, but about the immigration history, I overstayed my student visa after they refused to renew it, anything outside that then I am good to go, they have doubted my marriage for four years, I don't think they can chat anymore bullocks anyway. But depending on God's blessing, I will like to use a Barrister still.

@ Dunique, where did u get married? Nigeria or in the UK?

DUNIQUE1: When you say another, whom are you referring to? My mother in-law is willing to go to the court with my partner if we use a barrister or not, but about the immigration history, I overstayed my student visa after they refused to renew it, anything outside that then I am good to go, they have doubted my marriage for four years, I don't think they can chat anymore bullocks anyway. But depending on God's blessing, I will like to use a Barrister still.

@Dunique, where did u get married? In Nigeria or in the UK?

sunnychic: But do u think they can still review it? Or Can they just skip it seeing as it's past deadline date. Tossers!!!

@ Sunnychic,

I was thinking about your case today you know... And I think that it may be possible that it may not even have been reviewed by an ECM ( possibly aka another ECO)

So they cld still overturn it- they cld be busy and it's not unheard of that they overturn it at ANY time before court date.

The most important thing is for you to go over your refusal reason(s) and your appeal. If you have a simple case and you have strong appeal grounds, then take a chill pill.

Some people have more serious cases like where a refusal is under one of the tough sections of para 320.

They cannot tell how their case would go in court.

So it depends on the simplicity or complexity of your individual case.

Do u actually think the HO would turn up in court, if you actually 100% meet the financial requirement, and you have produced the evidence beyond reasonable doubt to prove this?

I can put money on it that they wldnt bother. What wld they come and say?

It's just the time, and uncertainty of knowing when IT would happen. That creates anxiety.

At least you get to see your husband which is good and which I'm sure helps.

So pray and I pray for you in my heart that things would resolve sooner than later.

For us all.

DUNIQUE1: she has not said yet, but she told my wife we are looking at thousands if it goes to court, not even close to thousand but she put a S plural lol... please is there anyone who know a decent barrister who doesn't charge thousandssssss?

@Dunique, when we were planning the process, our solicitor also told us if it went to court it cld cost us "thousands" to hire a barrister too...

She said around £1,200 or £1,500.

It all depends on the grounds for refusal. If they are pretty straightforward like relationship and nothing else attached or insinuated, if u have ALL the evidence gathered to prove beyond reasonable doubt, to even the most insane person, then you may just want your partner and another go to court.

But if you have an issue where previous immigration history has cast doubt on credibility of your marriage, then you may want to use a barrister for your own peace of mind.

This is my opinion o. I only turned immigration adviser as a result of my personal experience and stories of others I've read both on NL and elsewhere..

DUNIQUE1: That is what my solicitor keeps saying, that even if a court date is set, they can still review it and change their mind before the set date

YEAP!!!!

They can even "overturn" a day to court.

sunnychic: Pick it up, Ik. There is a way around this madness. I've just had enough really!!!

I ve decided not to let them get to me too much, it's too crazy for words. 7 months?!! Seriously??!!! Issokay!!

@sunnychic, the silver lining for you is that they can still overturn your refusal at any stage as they haven't had the time to actually review their decision.

[quote author=sunnychic]@DUNIQUE and @Ikato3540

U guys read me right oh. They sent a letter to my husband and gave us a court date of February next year. Seeing as visa office hasn't contacted them why won't they do such stupidity?

I was refused on that they didn't see some documents which we sent and which we sent again with the appeal. They know they can get away with it so why bother being humane?

I am still yet to hear from the visa office. Also the visa office hasn't contacted the tribunal. And yes, it's getting worse with these immigration issues. We have to explore something else. I have had it up to here with being separated from my husband

[/quote

my jaw just hit the ground!!!!!!!

shelair1: @Dunique1 the tibunal usually snds a date for court hearing around the 19 week even if thehome office has not responded. They also let d home office know so they can send a representative. if d homeoffice has not looked into ur case before d hearin date they might look in and overturn d case before then. JUST pray

Hi,

I gather your appeal was allowed when you went to court- CONGRATULATIONS to you....

How long was it before you got a court date? How long did u have to wait after the end of the 19 week period?

DUNIQUE1: @ Shelair1, my 19 weeks deadline finished on the 19 July which is some days ago, do you reckon if I get my partner to call up the tribunal now, that there will be a date set already for my case, just that they are yet to send me a confirmation of that.
Can someone please send me the Contact details for the tribunal, so I can speak to them now. Thanks

The phone number is 0300 123 1711.

Have your ref number ready when u call them

DUNIQUE1: I get your point about they run the show, but a little pressure can be put on them by creating a social network page and get people to support and like the page, I know some racist British citizen will come and make stupid comments, but in the end, I say if we meet the requirements, we shouldn't be treated like we don't.

Social network ko; social media ni.

I think they really need to give YOU that visa sharp sharp!!! This delay isn't doing you ANY good at all.

See us expressing anger and frustration, then you come up with "social media" volcabulary?!

Bruv, I need to include you in my prayers.

Lol....


P.S what more can we do? As Lasmab pointed out rightly, we are all not alone. Some of us hibernate for a while then come here to exhibit the impact of this process (ie moments of madness)

Most important thing to know is that SURELY ONE DAY, all this NONSENSE would end.

We would come back to NL and watch the next batch of applicants face the music, and then would we remember the time....

Don't worry. There is HOPE FOR ALL.

IJN! AMEN!!!!

DUNIQUE1: I get your point about they run the show, but a little pressure can be put on them by creating a social network page and get people to support and like the page, I know some racist British citizen will come and make stupid comments, but in the end, I say if we meet the requirements, we shouldn't be treated like we don't.

@ Dunique,

You see the thing is that I've been on NL for 11 months now... Reading and following silently. Watching and learning from the experience of others.

Rejoicing with people who had remarkable success stories and sympathise with those who made "unforgivable" errors too.

This was before I decided to make my own application. I read success stories stories like that of Lamosy, Girlfio, Funkybaby, and sooo many more.

During their time they usually complained about the process and I could understand, and after like 6-9 months, max 10 months, they ALL had a success story to tell.

Never ( except for the unforgettable case of Leeon 2011) did an appeal seem to go one for ages....

The HO used to overturn cases when they really should have been overturned. But now I cannot understand why you would send the HO documents which are genuine, which are written in English language, and which prove you meet the requirements; only for the HO to return these documents back to you, and refuse you for not submitting them!!!!

Somebody pls help me?! I'm like going mental here.

Then forcing you to go to appeal, and then refuse to overturn still yet. ( probably becos they are too busy) Then turn you towards the direction of the court?!

I don't understand!!!!!

I've read the case of a refusal due to financial reasons.

They "claim not to have seen" some documents which were resent by the applicant on appeal.

The sponsor PAID THE HMRC TAX of £15,900 in the financial year relied upon.

And the HO refused saying they didn't meet the financial requirement.

Even after ALL documents ( relevant and irrelevant ALL) sent??

DUNIQUE1: This is exactly what is worrying me aswell, for Hopeforallone, the court date is fair enough but for sunnychic, that is way out of order! We can't sit here and let all these people run our lives like we are animals, I believe if we don't meet the requirement, none of us will be stupid enough to waste over 1200 pounds just on visa fees and then other expenses like printing out documents, solicitor charges and I even had to pay accountant fees. If they will give someone 7months court date after a 19 weeks wait already, then they must be having a laugh. Something has to be done cause this isn't funny anymore.

I can't believe this.

I can foresee that the home office would now refuse to overturn as many cases as possible even where it is so GLARING that they've made a mistake.

Just to make it a lot longer, a lot more difficult, a lot more stressful, and much more frustrating.

I've done some quick research and discovered that the the HO has around 12 weeks to send the appeal bundle to the tribunal, after that period the tribunal has 56 days (sometimes slightly more) to set a hearing date.

So I gather this means in the case of a backlog, after 19 weeks, the HO then have 12 further weeks to send the appeal bundle?

Something like Approx 7.5 months?!

It's a VERY long process which unfortunately isn't justified a lot of the time. Sad part is that it's going to be a brief court session and that's it.

After ( if there's a positive outcome) then you begin the final lap of the chase for the Spouse visa.

Which is the chase up of UKBA to call for the passport.

So let's just basically, to cut a long horrific story short.

say that once an initial visa is refused, just go to sleep and wake up 18 months later!

It's very bad- I can't believe it.

I really can't believe it.

Hopeforallone: All this was declared in the first application. Well we are going to court in September so they probably will not overturn it.

Thanks anyway

@ Hopeforall,

Your partners deadline was sometime in June/July I believe, and you sadly got referred to court in September.

So this was within 2-3 months you got a court date? Please confirm if I'm correct.

I think I've read a forum mate whose just got a court date for February next year- (I.e approx. 7 months after the 19 week expiry date.)

I'm just curious to confirm which one it is- 8-12 weeks or 6-7months?!

sunnychic: I didn't do anything. They just sent it but we didn't know cos my husband is here in naija.

@Sunnychic, so u mean you appealed your refusal in January 2014 and it's going to court in Februaury 2015?

Please confirm if this is what you are saying. Also sorry to ask, is it only the financial ground you were refused on, or where there other refusal reasons.

This seems incredibly harsh! I can't believe it!
Please tell me I have misunderstood you.

Hopeforallone: @ Dunique - So my brother what was you initial refused on ? And how much does your partner earn because after the 28th July I believe they will refuse all those on hold? Speak to me brother.

Hi Dunique. Was it only on financial grounds you were refused, or did u have other refusal reasons?

[quote author=DUNIQUE1][/quote]So this means it's going to court?!

O my days! This is a true nightmare. And exactly that I thought would happen- too busy to bother. Just send 'me all to court.

It's devastating.

Ikato3540: Hi Dunique1, I lost my password and to cut a long story short I used to be called ik.kao before I had to re join N/L...

I notice you've now passed your deadline. Have u contracted the Sheffield office again?

I'm also heading slowly but gradually towards my 19 week deadline, and I'm worried that they may become heavily back logged as a result of the new refusals for the £18,600 which they now have to post by the 28th of this month.

If they are heavily back logged, I worry that they may just by default push cases straight to court without having a chance to properly examine them.

This would unfortunately make the process much longer. Before it used to be the 19 week timeline which was depressing, now it's the lack of communication and continuous endless waiting.

Have you heard anything as of now from them?

Hello house,

Does anybody know anybody, who knows someone, who had heard from the Sheffield office within the 19 week deadline in the last month?

Or have they just "muted" completely?

I'm worried that the 19 weeks might now increase to an unknown and unspecified period of time.

Thanks Ik.kao.

DUNIQUE1: I will soon post good news about my application here, then Mr worry can go find out how I came back in 2012. I wonder why he is still allowed to post on here really.

Hi Dunique1, I lost my password and to cut a long story short I used to be called ik.kao before I had to re join N/L...

I notice you've now passed your deadline. Have u contracted the Sheffield office again?

I'm also heading slowly but gradually towards my 19 week deadline, and I'm worried that they may become heavily back logged as a result of the new refusals for the £18,600 which they now have to post by the 28th of this month.

If they are heavily back logged, I worry that they may just by default push cases straight to court without having a chance to properly examine them.

This would unfortunately make the process much longer. Before it used to be the 19 week timeline which was depressing, now it's the lack of communication and continuous endless waiting.

Have you heard anything as of now from them?