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Re: UK Spouse Visa/Appeal Process-part2 by Nobody: 8:52pm On Nov 03, 2014
Thanks@ justwise


justwise:


VisaSheffield@homeoffice.gsi.gov.uk

Yes your wife can send it.
Re: UK Spouse Visa/Appeal Process-part2 by Waitingonyou: 8:52pm On Nov 03, 2014
Jst curious guys, the ukvi reason for not offering priority service for settlement visa in Nija. Anyone?
Has anyone recieved their visa for October applicant. The waiting is driving me insane.
Re: UK Spouse Visa/Appeal Process-part2 by DUNIQUE1: 5:49am On Nov 06, 2014
@ Justwise & others with experience, I have a friend who have won his appeal hearing since 3 weeks but the home office is yet to ask for his passport, kindly give me some clue for him to speed up the process. Also my appeal hearing was yesterday for my own case, my hubby said after my hired barrister presented our case with evidences which the home office claimed not to have seen, that the home office representative only said this to the Judge " when the initial application was made, they didn't put all these documents, so the ECO was right in refusing the application, but it is ok if the judge want to consider the documents presented now in the court" so next thing, the judge asked my wife about my daughter from a previous relationship whom we have lost contact with and she answered the last time she saw her was earlier on this year. That was the whole of it and the Judge said they will get back to us as usual within 3 weeks, also there were two Judges in the room, I don't know if one was only there to assist the other. What do you think guys?
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 8:25am On Nov 06, 2014
DUNIQUE1:
@ Justwise & others with experience, I have a friend who have won his appeal hearing since 3 weeks but the home office is yet to ask for his passport, kindly give me some clue for him to speed up the process. Also my appeal hearing was yesterday for my own case, my hubby said after my hired barrister presented our case with evidences which the home office claimed not to have seen, that the home office representative only said this to the Judge " when the initial application was made, they didn't put all these documents, so the ECO was right in refusing the application, but it is ok if the judge want to consider the documents presented now in the court" so next thing, the judge asked my wife about my daughter from a previous relationship whom we have lost contact with and she answered the last time she saw her was earlier on this year. That was the whole of it and the Judge said they will get back to us as usual within 3 weeks, also there were two Judges in the room, I don't know if one was only there to assist the other. What do you think guys?

I think it sounds positive. Looks like they didn't ask your wife any questions that she could not answer. Now, as long as the documents submitted cover for the period of the last application ie its not new information based on a change in circumstances post application date, then I expect the judge should b able to consider them. The fact that the Home Office said that the docs were not with the initial application and that the ECO was right to make his decision based on that would suggest that the paperwork your wife presented to the judge is valid and supports your case. I pray you guys get the good news soon.
Re: UK Spouse Visa/Appeal Process-part2 by DUNIQUE1: 10:55pm On Nov 06, 2014
girlfio:


I think it sounds positive. Looks like they didn't ask your wife any questions that she could not answer. Now, as long as the documents submitted cover for the period of the last application ie its not new information based on a change in circumstances post application date, then I expect the judge should b able to consider them. The fact that the Home Office said that the docs were not with the initial application and that the ECO was right to make his decision based on that would suggest that the paperwork your wife presented to the judge is valid and supports your case. I pray you guys get the good news soon.
Amen and thanks for the words of encouragement, what about my friend who is waiting for the home-office to request for his passport please? What does he need to do or what can he do?
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 7:35am On Nov 07, 2014
DUNIQUE1:
Amen and thanks for the words of encouragement, what about my friend who is waiting for the home-office to request for his passport please? What does he need to do or what can he do?

There is nothing he can do, but wait. The judge has ruled, the home office would have to consider their position, either to appeal the ruling or grant.
Patience is key !!!!!
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 8:08am On Nov 07, 2014
DUNIQUE1:
@ Justwise & others with experience, I have a friend who have won his appeal hearing since 3 weeks but the home office is yet to ask for his passport, kindly give me some clue for him to speed up the process. Also my appeal hearing was yesterday for my own case, my hubby said after my hired barrister presented our case with evidences which the home office claimed not to have seen, that the home office representative only said this to the Judge " when the initial application was made, they didn't put all these documents, so the ECO was right in refusing the application, but it is ok if the judge want to consider the documents presented now in the court" so next thing, the judge asked my wife about my daughter from a previous relationship whom we have lost contact with and she answered the last time she saw her was earlier on this year. That was the whole of it and the Judge said they will get back to us as usual within 3 weeks, also there were two Judges in the room, I don't know if one was only there to assist the other. What do you think guys?

Yes after tribunal appearance it takes average of 15 working days to hear from them. You will receive a letter and if its on your favour then the homeoffice will be given the opportunity to appeal the decision or issue you a visa. You need to be patient with this process, you are there already.
Re: UK Spouse Visa/Appeal Process-part2 by DUNIQUE1: 4:27pm On Nov 08, 2014
Lexusgs430:


There is nothing he can do, but wait. The judge has ruled, the home office would have to consider their position, either to appeal the ruling or grant.
Patience is key !!!!!

I thought their waiting time is limited, I want to know how long before someone can start chasing the homeoffice around, the guy have waited 4 weeks already.
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 7:25pm On Nov 08, 2014
DUNIQUE1:


I thought their waiting time is limited, I want to know how long before someone can start chasing the homeoffice around, the guy have waited 4 weeks already.

Only 4 weeks? People have been known to awaiting almost 7 months.
Chasing them does not make any quicker. You have waited this long, why not contain the patience?
Patience is a virtue !!!!
Re: UK Spouse Visa/Appeal Process-part2 by DUNIQUE1: 9:57pm On Nov 08, 2014
Lexusgs430:


Only 4 weeks? People have been known to awaiting almost 7 months.
Chasing them does not make any quicker. You have waited this long, why not contain the patience?
Patience is a virtue !!!!
6 months lol, that is really a crazy waiting time after judge decision, hopefully they will call him soon, I knew of some people's cases who emailed Sheffield with the copy of the judge decision and it helped. But I will tell him to wait for the 4weeks first.
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 10:18pm On Nov 08, 2014
DUNIQUE1:

6 months lol, that is really a crazy waiting time after judge decision, hopefully they will call him soon, I knew of some people's cases who emailed Sheffield with the copy of the judge decision and it helped. But I will tell him to wait for the 4weeks first.

The judge has decided, but the home office also has a route of appeal, within a specified period.
If the time lapses, and they do not appeal. They would have no option, but to grant.
Unfortunately, if they choose to appeal. That further prolongs the waiting time.
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 10:19pm On Nov 08, 2014
DUNIQUE1:

6 months lol, that is really a crazy waiting time after judge decision, hopefully they will call him soon, I knew of some people's cases who emailed Sheffield with the copy of the judge decision and it helped. But I will tell him to wait for the 4weeks first.

.
Re: UK Spouse Visa/Appeal Process-part2 by DUNIQUE1: 7:24am On Nov 09, 2014
Lexusgs430:


.

I don't see them appealing in this case, they do that when the case is a little dodgy, the home-office rep who attended the court on the day of this particular guy's hearing gave up easily cause they took the guy to court because they thought his relationship wasn't genuine, by the time they got to court, the evidences provided made the home-office rep succumb, she really cooperated with the sponsor/wife of the guy and the judge was Ugandan, the guy knew he had won his case by the time the wife came out of court and called him, it has been 4 weeks since he got the judge's decision now. In my own case which I am yet to get the decision, the court atmosphere was similar, except from the home office rep not saying much, they wanted more proof of my wife's income and some pay-slips that they said was missing, by the time my barrister tendered it, all the home-office rep could say was that the judge can consider our appeal since we have the documents they claimed not to have seen in the initial application. Although I am still waiting for the judge's decision. What I want to know is how long the home-office have until they decide if they want to appeal, so that my guy can start disturbing them when that time passes.
Re: UK Spouse Visa/Appeal Process-part2 by DUNIQUE1: 9:17pm On Nov 09, 2014
girlfio:


I think it sounds positive. Looks like they didn't ask your wife any questions that she could not answer. Now, as long as the documents submitted cover for the period of the last application ie its not new information based on a change in circumstances post application date, then I expect the judge should b able to consider them. The fact that the Home Office said that the docs were not with the initial application and that the ECO was right to make his decision based on that would suggest that the paperwork your wife presented to the judge is valid and supports your case. I prauy you guys get the good news soon.
Amen to that, fingers crossed & about my friend who have waited 4 weeks for home office to call up for his passport, does he continue waiting or should try and contact sheffield office. I know some people have done it before in this forum, sending them a message with the copy of judge decision.
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 4:04pm On Nov 11, 2014
Jackloyal:
Justwise and other people with experience , Please I need advice and information. I am a UK resident and My wife in Nigeria will be applying for spouse visa soon. I hv PERMANENT RESIDENCE CARD ( usually given to EU FAMILY MEMBER) on my Nigeria passport. While the INDEFINITE LEAVE TO REMAIN is issue to British partner.
I want to know if she will hv to pay as I got my PERMANENT RESIDENCE CARD FROM EU MEMBER? I will like to hear from any recent spouse visa applicant. I will appreciate any advice and information. Thanks

You mean your got a residence permit from another European country and living in the UK, obviously because the UK is a member nation?
If that is what you meant, your partner would have to apply the same way, a british passport holder, inviting their spouse would have to apply.
And yes, she would have to pay the cost of a settlement visa application.
You will need to submit all your supporting documents to Sheffield, while she submits required documents in Lagos.
Re: UK Spouse Visa/Appeal Process-part2 by coldstone84: 7:35pm On Nov 11, 2014
Hi everyone,am new here,my wife applied for eea family permit from nigeria,and she was refused because they said that my wife is not wholly or mainly dependent on me,or if my wife is it is a dependency of necessity rather than choice,there is no evidence of regular bank transfer or bank statement.they am not satisfied my wife needs the finicial support of me to meet her essential needs in nigeria.
When my wife made the application,I wrote a cover letter stating that instead of sending money to my wife through western union and paying the charges,I have a colleague at work in London to has a gtbank account,I give him pounds and he transfers the money immediately to my wife's account,as am not nigerian,but Portuguese,but the mistake we made was that my wife didn't include her bank statement,as the recipients name on her account statement won't reflect mine but my friends name
How do I tackle this,please I need answers,as I need my wife to join me in the uk.
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 9:42pm On Nov 11, 2014
coldstone84:
Hi everyone,am new here,my wife applied for eea family permit from nigeria,and she was refused because they said that my wife is not wholly or mainly dependent on me,or if my wife is it is a dependency of necessity rather than choice,there is no evidence of regular bank transfer or bank statement.they am not satisfied my wife needs the finicial support of me to meet her essential needs in nigeria.
When my wife made the application,I wrote a cover letter stating that instead of sending money to my wife through western union and paying the charges,I have a colleague at work in London to has a gtbank account,I give him pounds and he transfers the money immediately to my wife's account,as am not nigerian,but Portuguese,but the mistake we made was that my wife didn't include her bank statement,as the recipients name on her account statement won't reflect mine but my friends name
How do I tackle this,please I need answers,as I need my wife to join me in the uk.

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

I'm also not too sure why your application has been refused for that reason, as long as she is your spouse and you are exercising your treaty rights e. working or studying that should be all you need to prove. If you google EEA visa spouse and go on the UKBA website, this dependency requirement is not included for a spouse.
Re: UK Spouse Visa/Appeal Process-part2 by coldstone84: 10:26pm On Nov 11, 2014
girlfio:


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

I'm also not too sure why your application has been refused for that reason, as long as she is your spouse and you are exercising your treaty rights e. working or studying that should be all you need to prove. If you google EEA visa spouse and go on the UKBA website, this dependency requirement is not included for a spouse.
Thank you very much for your reply, yes I have searched endlessly for where the rules states my wife has to be dependent on me,and there's noting of such,I was thinking of my wife reapplying and stating out the rules on eea family permit.
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 8:00am On Nov 12, 2014
coldstone84:

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

Yes, I would advise that you apply again. On the website it says that you must provide proof that you’re financially dependant on your family member in the UK if you’re applying as their dependent extended family member. For spouse all you need to provide is your marriage certificate, passport number of the UK spouse along with a letter from yourself inviting your spouse to stay and their passport. I expect this is all done online now so just make sure in any statement that you make that you note that your wife is applying as your spouse not dependant.
Re: UK Spouse Visa/Appeal Process-part2 by coldstone84: 8:42am On Nov 12, 2014
girlfio:


Yes, I would advise that you apply again. On the website it says that you must provide proof that you’re financially dependant on your family member in the UK if you’re applying as their dependent extended family member. For spouse all you need to provide is your marriage certificate, passport number of the UK spouse along with a letter from yourself inviting your spouse to stay and their passport. I expect this is all done online now so just make sure in any statement that you make that you note that your wife is applying as your spouse not dependant.
Thank you so much for taking time out to reply me
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 10:10am On Nov 12, 2014
coldstone84:

Thank you so much for taking time out to reply me

No problem, pray it all works out for you guys this time.
Re: UK Spouse Visa/Appeal Process-part2 by zaliya(f): 7:39pm On Nov 12, 2014
Hi Justwise. I have a related issue. My hubby just left for his PhD studies about 3 weeks ago. He is not working there and yet to send in his resignation letter to his company here in Nigeria. But I work here in Nigeria with an oil servicing company which also has an office in London. I do hope to apply with my 3 kids to join him soon, and hope to continue with my job in the London office. Meanwhile I don't want my company to get the work permit for me so as not to be solely tied to them due to flexibility. Which one do I apply for? DEPENDANT or for work permit? What TIER? Thanks.
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 7:58pm On Nov 12, 2014
zaliya:
Hi Justwise. I have a related issue. My hubby just left for his PhD studies about 3 weeks ago. He is not working there and yet to send in his resignation letter to his company here in Nigeria. But I work here in Nigeria with an oil servicing company which also has an office in London. I do hope to apply with my 3 kids to join him soon, and hope to continue with my job in the London office. Meanwhile I don't want my company to get the work permit for me so as not to be solely tied to them due to flexibility. Which one do I apply for? DEPENDANT or for work permit? What TIER? Thanks.

To be able to continue your job here you need to apply for intra-company transfer visa(Tier 2) but you need documents from your company. Dependant visa will not allow you to work full time...considering the sort of job you have
Re: UK Spouse Visa/Appeal Process-part2 by DUNIQUE1: 10:48pm On Nov 12, 2014
DUNIQUE1:
Amen to that, fingers crossed & about my friend who have waited 4 weeks for home office to call up for his passport, does he continue waiting or should try and contact sheffield office. I know some people have done it before in this forum, sending them a message with the copy of judge decision.

As for my friend, they have requested for his passport now, so he will send it tomorrow. May good news continue to be ours. Amen!

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