₦airaland Forum

loomjet: @ Johnwray or forum mates, one more question who should i address the appeal letter to when writing my appeal grounds, is it the ECM or the Tribunal judge? Thanks

Does'nt really matter who it is addressed to or the format (ie letter or statement)

My advise:

You will find it easier writing it as a statement as follows:

Heading (centred, BOLD and underlined): Appeal statement of the Appellant

Sub heading (BOLD): Between Mr/Mrs ABC (Appellant) & SECRETARY OF STATE FOR THE HOME DEPARTMENT (Respondent)

Then your argument as follows:

This is in response to my visa application refusal on [date]

1. you stated that [blah blah]. However, [your defense]. Please find enclosed [x, y and z] in support of my claim.
2. tackle the next refusal point
3. and so on

hope this helps guys

You just need a letter from her stating clearly the following:

She is the home owner
The property has 3 bedrooms, one living area, one kitchen and one or two bathroom/toilet
Her partner/husband and daughter are the only people presently living with her
You are allowed to join them

As for the electoral roll issue, you need to indicate in your appeal statement that although other names might appear on electoral register as present occupants, these people no longer live in the property. it is common for people's name(s) who have previously lived at a property to appear on the electoral register, even after they have moved. This could be due to a number of reasons: 1. The person(s) forgot to notify the local council when they move 2. The person has not registered at his/her current address which in some cases cancels out their name from the previous. You can include within the statement that the people in question moved from the property 2 years ago. Providing their addresses isnt necessary but you can include them if you want.

Finish your response with the general guide i provided earlier - i.e., explain why your presence at the property will not constitute overcrowding.

i hope this helps...

loomjet: Hello forum mate, my second reason for refusal state .... "Given that ur sponsor is not living at the property alone it is reasonable to expect u to provide evidence to show that the property is not overcrowed or that you additional presence there will not contravene public heath regulation. You have not provide this am therefore not satisfied u have adequate accommodation without recourse to public funds. I therefore refuse ur application."

I want to obtain an housing report to proof that the house will not be overcrowed if i live there.... Will it be a new evidence or will it relate to it. As the report will carry a recent date. Pls advice

If it is a rented property, you need your tennacy agreement - clearly stating the property size (i.e., x bedroom terraced house, x bedroom flat etc). If this is not in the tennacy agreement, you need a letter from the landlord/letting agent stating this. If you own the property, you will have a doc showing the property size. If this is a shared house/apt (very common in bigger cities like london), you need to make sure your presence will not constitute overcrowding. You can only work this out when you know the property size and the number of occupants. See here for a general guide http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/home_safety/overcrowding

As a general rule:

1 room = 2 people
2 rooms = 3 people
3 rooms = 5 people
4 rooms = 7.5 people
5 or more rooms = 2 people per room.

In this situation, you are allowed to obtain documents with future dates as evidence so there is no problem.

I hope this helps. stay blessed

girlfio: I could be wrong and I'll ask Justwise to correct me if this wouldn't work but if you still have a copy of the appeal package that you sent to the wrong address, why not just send that same package to Leicester along with the proof of postage to the Loughborough address and copies of the emails that you've sent to explain the mis-sending of your appeal form. At least you won't have to wait for Loughborough to locate your forms and then it will be with the Leicester office to determine if they can waver the 28 deadline for your case.

@ Mato-justo

This is a very good idea from Girlfio. I would do this if i were u.

justwise: That was really silly excuses to waste people's money and time.

He has to appeal from Nigeria but you can represent him here in the UK, appear in tribunal to present your case.

Just a little addition my Oga Justwise - she can sign and send the appeal on his behalf but she has to fill her name in the representative column of the form. Make sure you attach an appeal statement addressing all the issues; with reference to the additional supporting documents.

loomjet: Pls everyone am still awaiting for ur advice. Should and appeal and aslo reapply. can i do the 2 at the same time. while awaiting for the appeal process i want to make a fresh application as well. 6 months is so long

You can do both at the same time but chances are you will be refused again if you re-apply. I advise you appeal the decision. Legally, you are married to someone until a decree absolute is issued so you have the right to pursue a residence permit even whilst separated or during divorce proceedings. Also you can enter a new rship while your divorce is going on. As for communication, You just need more evidence to support this. even the call card can be used as evidence if you package it well.. you need your sponsor's itemised bill showing the access numbers, then you will need your own phone record in nigeria to match the call times (if u know what i mean). You just need to clarify this in your appeal statement. You can win the case easily...

As for the accommodation thing - electoral roll could be wrong at times with names of people who had moved from a property still appearing on the database. some people just forget to notify the council when they move. i do not know if this is the case tho but you can wriggle outta this one too.

@ mato justo

there is very little you can do now. You might have a case if you have a confirmation of postage. If you hold any such document, then try writing the Leicester team via email and attach a copy of the postage confirmation. Also fax a short letter to the Loughboro team (upper tribunal), asking them to forward your appeal to Leicester. No guarantee but worth a try.

@ tigoomoniyi

email them a copy so they can chase it up.

e-mail body: as per our telephone conversation on [date]regarding the above subject, pls find attached a copy of the IAC decision. Please let me know if you need any further information.

use the same subject and footer as in the previous e-mail.
you may need to send a reminder email quoting this one; if you do not hear from them soon.

@ tigoomoniyi

Then contact the Lagos office with the same email and follow up with phone calls

tigoomoniyi: @johnwray I emailed the Sheffield office as advised today and I got a reply about an hour later from them that they are unable to help with my request that my application was processed in Lagos and therefore I should contact the Lagos office.

I guess I will have to email the Lagos office...pls kindly advise!

If i see what you wrote and the response they gave you, i will be able to advice you further... please clean up the email before sending it to me. by cleaning i mean remove every personal detail like name, appeal number, passport number etc. i just want the content of your email to them and their response.

For those looking for expedite reasons, i can help you better if i know your situ. of course i know you cannot disclose this on forum so i suggest you send me a private message so i can help you better. There are reasons believe me... it just depends on how you present it.

@ tigoomoniyi

As this is a settlement visa, you need to write the Sheffield office. All settlement visa applications from Nigeria are handled in Sheffield UK. Their e-mail is VisaSheffield@homeoffice.gsi.gov.uk

the subject should be in this format: Appeal decision allowed RE: [Appeal number]

The body should explain why you are writing e.g.,

Dear Sir/Madam,

As you know, the above appeal was heard by Stoke IAC on [date] and subsequently allowed on [date]. it has been [nn days] since the decision and I have not heard from you with regards to issuing the visa. I have urgent needs to join my family in the UK and would appreciate a speedy process from your end.

I await your response

Regards

[your name]

Date of Birth:
Visa Application Type:
Ref number:
Appeal Number:
Passport Number:

tigoomoniyi: [b][/b]Hi everyone, want to say a big thank you to you all on this thread. Special mention goes to Justwise,Johnwray and Lamosy. Your knowledge,prayers and contribution has helped make thousands smile.

I applied for Settlement last year as a dependent adult child of my Mother and Stepdad. I was refused based on the reason that I'm above 18yrs and I should be able to cater for myself. It was a long harrowing journey for me because the only family I ever know are thousands of miles away. Before the application my mother who is a British citizen called Home office to ask if it was possible for me to join the remaining family(Mum,Stepdad and 2bros and sis;all british citizen) the answer was yes.

We appealed the decision last June and it took well over 3months before AIT acknowledged payment. To cut the story short, the 19weeks went by in Feb 2013 and yet the ECM still maintained the decision. So the case dragged on to hearing and my mum, stepdad and 2 siblings had to rep me in court. To God be the glory we won the case and now the Judge asked the ECO to refund the appeal fee back to us.

I am sharing my story because it's God that moved and gave us favour and also to challenge people to believe that its only God that can do it.

The last phase now is how to make them call me so I can submit my passport.I have tried calling BDHC but they haven't been picking. I emailed them to state the decision arrived by judge at the hearing. They replied that: "please be informed that all relevant doc relating to the appeal has been sent to the First-tier Tribual on 18th February 2013. The tribunal will contact you and your sponsor to advise the date the immigration judge will review your case"

My question is: Could it be that the BDHC are yet to get the appeal determination? Since they stated above that the tribual will contact me. This is because the hearing held on April 30th and decision was made in my favour on May 15th 2013.

Also, how long will it take them to call me for my Visa?

My lawyer advised I shouldn't call them again that it will show I'm desperate. The truth is I am! And its not a joke for one to be forcefully separated from one's family.

So that's my story.

Just a breakdown of what happens after appeal is allowed by the Tribunal:

The presiding judge has 2 weeks (10 working days) to send out decision to both parties (i.e.,applicant and UKBA)
There is a time period given to UKBA to accept or decline the decision (usually 30 days for overseas application). During this period, UKBA can appeal to upper tribunal if they are not satisfied with the decision (this is very unlikely). Once this period has passed and there is no record of appeal from the UKBA, the visa must be granted. You can find out if there has been further appeal from UKBA by calling the tribunal office... they will tell you but like i said, this is very unlikely.
After this period, the applicant will have to wait for a call letter from UKBA and this can take up to 3 months if you do not contact them.

MY ADVICE (pls do not ignore): Write an email to the visa section that dealt with your case quoting the decision date, reference number and your full details. Ask them to process your call letter as you have urgent need to see your family. You do not need to provide any evidence.

Note: writing is more effective than calling because the people you speak to are just call centre staff working on specific directions. they will always give you standard replies. your write up will be passed to the relevant department so always write.

Hope this helps. stay blessed

bubblygirl78: @johnwray I sent an email n was replied that I shld contact the Lagos office.

Pls dies anyone have the Lagos office (embassy) email?

That is good news my dear. They will only tell you that because they have sent your approval to Lagos. If its bad news, they will advise you to contact AIT in the UK, or just wait for a letter from them. Congrats in advance... Stay blessed

girlfio: @ johnwray

Thank you so much for this story, its really encouraging, can you share what you did to expedite your cousins appeal. My husband's 19 weeks is also up in October, I'd just like to know if there is anything I can do?

You need a strong reason why he cannot wait till then. compose the letter with evidence and send to the President of the First-tier Tribunal clearly marked: REAH The First-Tier Tribunal to:
Office of the Duty Judge
Expedited Appeal Hearing Requests
First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester LE1 6ZX

TinyO: Hey Johnwray,

Thank you for the timely response. We applied for the babys passport on the 2nd of May, making it approx 6weeks now.we were told to contact them after a month, but do their numbers ever go thru?

We cldnt include my husbands british passport as he had to go back to the UK but the caseworker who attended to us looked at it, made a copy and returned.

Thank a mil Johnwray. Hope to read from u again shortly.

it should be on its way back to you soon so no need to worry. The embassy might even stick your stamp on your passport when they get it back from IPS UK so you can collect both at once. Just relax

TinyO: Morning everyone,

Here again with another type of frustration....

Lemme give a preamble: I went to the embassy after I gave birth to apply for a passport for my son but I still had my appeal pending then. I had to submit my passport and other documents for the process. The embassy (visa section)called me to bring in my passport as the decision had been overtunrned. I then told them I didn't have my passport with me as my passport was submitted inorder to get a British passport for my son. They said they would get back to me and they haven't. I then decided to call them and find out wats going on, only ffor me to be tossed around to various dept.

Anyway, what I'm trying to find out now is if anyone here knows how long it takes them to issue the passport.

Also if its possible to withdraw the passport application, get an entry clearance for my baby and then reapply for the passport when we get to the UK?

Hope to hear from y'all soon.

Thank you

I will advise you not to recall your passport. Passport application within UK takes around 5 - 7 working days. As yours was made abroad, it would take a little longer so just be patient. They used to issue non-bio passports in nigeria (over 8 years ago) but now it must be the biometric one issued by IPS UK.

Also, as your appeal has been overturned a while ago, your stamp (visa) must have been sent down to Nigeria so there is a possibility it will be issued same day you submit your passport. You did the right thing and the route you choose is shorter, and less expensive. If you withdraw your application now, you will loose the fees (which is not much) but then you will have to apply and pay for your child's entry clearance - also the waiting time. Be patient dear... how long have you been waiting for your child's passport? did you include the other parent's british passport?

bubblygirl78: Hmmmm. @johnwray finally opens up.

I've been calling the embassy since yesterday. But they aint opening their phone lines. It just says u can reach them btw the hours of 10 - 12 which is when I call.

Pls advise me on what next to do oh. Thanks, good pple.

Keep trying the number. while you are at it, send an email to the sheffield office to update you. They will definitely let you know what is going on since your 19 weeks is nearly over. they usually respond within 2 working days so expect to hear from them by friday. write the following in the subject line

ECM Review update RE: Appeal No. aa/nnnnn/nnnn

in the body you can start with the following line:

With regards to the above appeal number, I write to inform you that the 19 week review period ends [date] but I still have not heard from you. Could you please let me know the current status of this appeal.

Regards

[name]

Also get your sponsor here to contact his/her local MP. I can send you the email format...

FYI

I am sure most people will be wondering why I am on here. I am the nominated representative for my cousin's appeal here in the UK. I appealed on her behalf late April around 22nd and her 19 weeks ends on 4th of october. I then did a couple of things to expedite it. Yesterday she got an email that it has been overturned so she was asked to send her passport to Sheffield via courier. the whole process took less than 2 months. She has sent the passport today with return envelope through DHL. I will update forum mates when she gets it back. I know what to do as soon as the passport reaches their office.

Dont worry guys, I am here for you guys... feel free to ask questions anytime. I know my right as a citizen... Good luck to you all and God bless. Lamosy - You are blessed... your story made me want to share my knowledge.

Matadaz: @ Tinyo
a big congrats to U,it is a Blessed Visa by His Grace.

@ johnwray
thanx alot for the info,my 19th weeks will be over next week.
I av being trying to call the BDHC,lagos for a while,but it never
go thru.pls can I still write to the email address U sent down?
also,pls is there anyway i can fasten the court date as in to av
an earlier date if at all it end up in court pls.

@ lamosy
how are U doing plus ur Hubby,thank God,it summer so the weather
go dey good like b4 U left 9ja.may God provide U a Blessed job of
ur dream very soon.

@ Oga justwise plus my Housemate
I salute U all.God favour soonest insha Allah

tak Kia

No need for the reminder email at this stage. Just believe God they reviewed your case - and expect your good news soon. erase the doubts and believe. It will only go to court if its the will of God so do not see this as a disappointment if that's the case. stay blessed.

bubblygirl78: @johnwray I don't get. Which of the emails should we write to?

Or can we call on those their numbers?

BOTH

During the 19 weeks AIT acts like a mediator between applicant and UKBA so you need to let them know that you have not heard from Sheffield VS and urge them to send Shefield VS (i.e., UKBA) a reminder e-mail.

Then you need to write Sheffield VS directly to remind them of the dates. All things being equal, they should be reviewing cases by the 14th week but this is not always the case. Perhaps due to work load so your email will help bring your case up (if they are behind for any reason).

Not sure the number you are talking about - please clarify my dear

Just a tip for those still waiting for ECM review:

It is becoming very common not to get a review within the 19 week window, forcing AIT to schedule a hearing date. This could be due to so many reasons e.g., UKBA unable to attend to cases because of high work volume.

My advise: If by the end of the 14th week you have not heard from UKBA, write a reminder email to the following addresses;

for AIT: customer.service@hmcts.gsi.gov.uk
for UKBA: VisaSheffield@homeoffice.gsi.gov.uk (exclusive)

Stay blessed guys

yemilasko: I did,I send the appeal form with supporting documents and evidence.I just hope the lord is on my side..its God decision to decide,he would favourably consider me..

If you sent the supporting evidence, then you have nothing to worry about. The HO decision will be next and I pray you get a favorable one. Now is a good time to call the embassy where you applied. Stay blessed.

bubblygirl78: @johnwray :
Pls nah. Answer me :d. When is the best time to call. My 19 weeks end on 5th july. Thx.

I did not see your previous question sorry. Mid June (in 2 weeks) will be a good time to start calling them. By God's grace, you will receive your good news soon. Stay blessed.

yemilasko: Weldone for the great work dearest forum mate..@ lasmoy. congratulations...d lord that answer prayers have done it for u. have been away on this forum because my phone was faulty..I'm still on it o..I was given 11wks which lapsed 6th of march according to The acknowledgement letter..after the date,I got another letter on the 12th of march that I should send any additional info if I v got any before 7th of may..and ever since then,have not gotten a reply and my lawyer said I shouldn't ring them that they will call me. could it be that d 7th may was d court hearing date or what..please what NEXT should I do because I'm fed up.

From your explanation it appears you did not send any supporting document with your appeal. The acknowledgement (if you read it well) will say that you have 11 weeks to provide any supporting evidence. AIT wrote you again to remind you and in the second letter they added the remaining 8 weeks which ends 7th May. If you did not send any supporting evidence, chances are the news will not be a pleasant one. As your 19 weeks has passed, you should expect to hear from AIT soon with a hearing date (i.e., if you did not send supporting evidence). I hope this helps. Best of luck

lamosy: @johnwray

Ha ha ha ha...you're the second mother to a child in terms of good advise O....ha ha ha ha....you know I try to help with the little I know....advice was well delivered....like that. Guess what? My lawyer wrote me today informing me that my case will be heard on the 3rd of September, I've not told my lawyer about my visa yet, because he strongly advised me not to get in touch with the Embassy until they contact me themselves. He said he will send his bundle on the 20th of August, unknown to him that I've gotten my visa already. The Embassy haven't contacted the Tribunal regarding decision withdrawer, that was why the Tribunal contacted my lawyer....ha ha ha ha....its a weird system. Cheers.

You are a woman of faith my dear. With regards to your comment "you know I try to help with the little I know", we all know little but collectively it makes the difference. Weird system is an understatement lol!! Don't worry about the hearing date, they will correct it and re-send letters to all parties. Perhaps, the UKBA delayed in contacting AIT. Stay blessed.

andreeabec: Hi everyone
This is one of the most beautiful and inspiring forum I have ever seen in my life.
My wife was refused UK spouse visa in Ghana last year November and she has addressed the reason for refusal and appealed to the AIT with her ECM review week to lapse come the 4th of June 2013,it is possible to get the refusal decision overturn at the Ghana.I have heared all appeal cases in Ghana goes to hearing,how true is this and can my wife have her decision overturn without going to court??her reason for the refusal is just like mirabel..am worried.Especially those who have appealed or know someone case from the Ghana embassy please advice.appreciate your comment and thank you in an advance..cheers mates.

The country of application has nothing to do with the ECM review. The UKBA just like every other agency in the UK operate on a very tight budget in this difficult times (i.e., financial crisis). When a case gets sent to the tribunal (i.e., decision upheld cases), it costs UKBA because they would have to pay a representative standing on their behalf. In addition, the cost of AIT sitting is covered by tax payer's money so the UKBA will be queried for any misjudgment that was subsequently allowed by AIT. The whole purpose of ECM review is to cut down on expense by allowing them a second chance. They will not be stupid to uphold their decision if it is clear from the evidence that a case should be allowed. I hope this answers your question.

Also read Lamosy's advise above for further guidance.

lamosy: @everybody in the house

Embassy rang me 2.45pm today that my visa is ready for collection by next week wednesday. Thank Jesus and thanks to my mates on this forum for been there for me thru thick and thin. Love you all. Cheers.

Just saw this wow!!! You are blessed.. Congrats!!!!!!!

bubblygirl78: Submitted I think 16th of jan then got ack feb 19th

Then its not too long. 19 weeks starts from the date AIT sends your appeal bundle to visa post for review. Usually it takes AIT 4 - 6 weeks to lodge your appeal on their system, assign appeal number and take payment. It is only when payment is taken that they send your bundle off for review. Going by your acknowledgement letter date it appears your bundle was sent for review sometime in February. They calculate 19 weeks from the date it was sent out for review and then put the date on your letter. Not a bad processing timeline by AIT i must say.

bubblygirl78: @johnwray Biko. The time frame. Is it 19 weeks. Or 90 days. Or the date given. Mine is long oh. What do u advise ?

what date did u appeal?

Yes you can contact the visa post but since you have waited 15 weeks already, I do not see the need to expedite the process anymore. Chances are your case has been decided by now and I pray you get the good news soon. Even if you send expedite letter now, it will take atleast 2 weeks to be actioned. I will advise you wait another week or two, then ring the embassy in Nigeria for the good news.

With ECM review case, the visa post (sheffield for settlement cases in Nigeria) knows they have 19 weeks to respond so they diarise applications for atleast 14 weeks during busy periods. This means the case only comes out of diary (appears on system to be actioned) after this time. They constantly change the diary time for new cases depending on work load e.g, if they have less work load, they shorten the diary time for new cases so cases will come up quicker. {information from a close source}. During busy times, you can use expedite letter to interupt the diary (if you have strong reasons in your lrtter). They will source your case out of the diary and work on it.

Matadaz: @Johnwray

pls,I like to know if it possible to email the ECM to shorten the ECM review time frame ?.I'm in like the 15wks of the 19wks waiting period,that is minus the time I wasted b4 my appeal was allowed to go ahead,I just dey tired of waiting.

@Justwise,Lamosy,Mirabeelz and Supermario ,I Salute oo.

@Betty 21,kindly try take to what guys are saying here.

TAk Kia

@ Betty

As for the appeal deadline, you can do the online appeal now without the supporting documents. Just specify that you will be sending further documents later. You will get an appeal reference number which you will attach to your evidence documents later. This way they can match the documents with your appeal file.