₦airaland Forum

UK ADOPTS NEW VISA APPLICATION PROCESS FOR NIGERIANS
December 2, 2016
Press Release


The UK Embassy in Nigeria has adopted a new visa application process, the British High Commission said on Friday in a statement.

The spokesperson of the commission, Joe Abuku, described the new process as a slight change in which “Visa staff now only need electronic versions of support documents.”

The new process, which takes effect from December 5 for customers applying for a UK visa in Lagos, Victoria Island and Ikeja, would bring applicants benefits from digital improvements to the UK visa application process.

“TLSContact (responsible for UK Visa Application Centres in Nigeria) will scan your supporting documents whilst you’re at the visa application centre, and then return your original documents to you,” the statement said.

“They will then send these (electronic) documents to UKVI, with your passport and application form, and visa officers will consider your application in the usual way.

In order to avoid delays in the visa application centre, the Commission requested applicants to ensure they complied with requirement to provide all documents in A4 size, while any other documents smaller or larger than A4 should be photocopied onto A4 sized paper.

While advising all customers to remove any clips or pins from documents before submitting their application, the Commission warned that any torn, crumpled or heavily creased documents, which is difficult to photocopy, should be photocopied onto A4 sized paper before submitted, as they can’t be scanned in this condition.
Source: Premium Times.

'...An additional fee of £55 will be charged to use this visa application centre. You must pay this fee at the same time you pay your visa fee and before you attend the visa application centre. Failure to pay this fee in advance will result in your appointment being cancelled...'


CUSTOMER NOTICE

From 5 December 2016 customers applying for a UK visa using our standard or Priority Visa services in Lagos Victoria Island and Ikeja Nigeria will benefit from digital improvements to the UK visa application process. TLScontact will scan your supporting documents whilst you’re at the visa application centre, and then give back your documents to you immediately. They will then send these digital documents to UKVI, with your passport, and visa officers will consider your application in the usual way.


Our gurus in the house I copied this from Teleperformance website;
What does this imply for sponsor who wants to post documents from the UK to Sheffield?

Monspubis:
Hello good people,i recently made a priority Tier 2 application(7th day post biometrics).Got an email from TLS that Application had been received by UKVI on 22nd.Out of curiosity I just decided to contact UKVI(most of the people I know got decisions within 5days even in September),lo nd behold the UKVI operative told me there was no record found bla bla.Contacted TLS and those ones claim it's in Sheffield.
P.S I didn't get any email from Sheffield and I applied in Ikeja with the so called priority service o.

Shall I be calm or what,i need your advice!

please, Monspubis. I do sympathize with you in this, but please continue calling their UKVI customer care service international, they will definitely give you appropriate response, don't mind the money and equally send them emails. Keep disturbing them. Once beaten, twice shy!

my Questions, please I want to also use the priority service, how much is the 450 pounds in Naira
2. Will I pay it in cash at the teleperformance center or through bank transfer? How do I actually pay the money?
Thanks in anticipation to read your response.

Government reverses 500% immigration tribunal fee increases

In a surprising but very welcome development, the Government has reversed the 500% increase in fees for immigration appeals which took effect on 10 October 2016. Fees will instead be charged at the old rates and those who have paid the higher fees in the last few weeks will have their payments refunded.

The fee increases were due to hit EU nationals and their family members very hard given the number of immigration appeals likely to be generated by the flood of permanent residence applications generated by Brexit. In addition, the Home Office may not have been terribly happy about having to pay the appeal fees in cases in which appellants succeeded in having their decisions overturned.

The Friday afternoon announcement was made by Sir Oliver Heald, Minister of State for Courts and Justice:

However, we have listened to the representations that we received on the current fee levels and have decided to take stock and review the immigration and asylum fees, to balance the interests of all tribunal users and the taxpayer and to look at them again alongside other tribunal fees and in the wider context of funding for the system overall.

From today all applicants will be charged fees at previous levels and we will reimburse, in all cases where the new fees have been paid, the difference between that fee and the previous fee.

We will bring forward secondary legislation to formalise the position as soon as possible. That legislation will come into force shortly, but in the meantime the changes will be effected through the use of the Lord Chancellor’s discretionary power to remit or reduce fees.

Alongside the fee changes introduced we extended the fee exemptions offered in the First-tier Tribunal, to include:
those in receipt of a Home Office destitution waiver in respect of their initial application;
parents of, and those with parental responsibility for, children receiving support from local authorities;
children in local authority care; and
those appealing a decision to revoke their humanitarian protection or refugee status.

The Government believes that these exemptions are proportionate measures that protect some of the most vulnerable users of the Tribunal. For this reason the extended system of fee exemptions will remain in place.

We also took the opportunity when introducing the fee changes to expand and clarify the guidance around the application of the Lord Chancellor’s power to remit or reduce fees in exceptional circumstances. This revised guidance is not affected.

The role of fees in the Upper Tribunal will also form part of the review. The focus of our work is now on carrying out that review. We will bring forward any new plans for Tribunal fees, including in the Immigration and Asylum Chambers of the First-tier and Upper Tribunals, for consultation in due course.

The Government’s belief is unchanged that it is right that those who use our courts and tribunals should pay more, where they can realistically afford to do so, to ensure that the system is properly funded to protect access to justice and to relieve the burden on the taxpayer.
This statement has also been made in the House of Lords: HLWS287

Source: Update on Courts and Tribunals:Written statement – HCWS284 – UK Parliament

Government reverses 500% immigration tribunal fee increases

In a surprising but very welcome development, the Government has reversed the 500% increase in fees for immigration appeals which took effect on 10 October 2016. Fees will instead be charged at the old rates and those who have paid the higher fees in the last few weeks will have their payments refunded.

The fee increases were due to hit EU nationals and their family members very hard given the number of immigration appeals likely to be generated by the flood of permanent residence applications generated by Brexit. In addition, the Home Office may not have been terribly happy about having to pay the appeal fees in cases in which appellants succeeded in having their decisions overturned.

The Friday afternoon announcement was made by Sir Oliver Heald, Minister of State for Courts and Justice:

However, we have listened to the representations that we received on the current fee levels and have decided to take stock and review the immigration and asylum fees, to balance the interests of all tribunal users and the taxpayer and to look at them again alongside other tribunal fees and in the wider context of funding for the system overall.

From today all applicants will be charged fees at previous levels and we will reimburse, in all cases where the new fees have been paid, the difference between that fee and the previous fee.

We will bring forward secondary legislation to formalise the position as soon as possible. That legislation will come into force shortly, but in the meantime the changes will be effected through the use of the Lord Chancellor’s discretionary power to remit or reduce fees.

Alongside the fee changes introduced we extended the fee exemptions offered in the First-tier Tribunal, to include:
those in receipt of a Home Office destitution waiver in respect of their initial application;
parents of, and those with parental responsibility for, children receiving support from local authorities;
children in local authority care; and
those appealing a decision to revoke their humanitarian protection or refugee status.

The Government believes that these exemptions are proportionate measures that protect some of the most vulnerable users of the Tribunal. For this reason the extended system of fee exemptions will remain in place.

We also took the opportunity when introducing the fee changes to expand and clarify the guidance around the application of the Lord Chancellor’s power to remit or reduce fees in exceptional circumstances. This revised guidance is not affected.

The role of fees in the Upper Tribunal will also form part of the review. The focus of our work is now on carrying out that review. We will bring forward any new plans for Tribunal fees, including in the Immigration and Asylum Chambers of the First-tier and Upper Tribunals, for consultation in due course.

The Government’s belief is unchanged that it is right that those who use our courts and tribunals should pay more, where they can realistically afford to do so, to ensure that the system is properly funded to protect access to justice and to relieve the burden on the taxpayer.
This statement has also been made in the House of Lords: HLWS287

Priority Visa –

Settlement Service £ 450
Eligible customers applying to settle permanently in the UK can opt to purchase this added value service to have their application fast tracked. UK Visas & Immigration’s published service target for standard settlement applications is 60 working days. Use of this Priority Visa service guarantees that your application will be placed at the front of the queue for processing ahead of others. The Priority Visa service (settlement) costs £450 in addition to the visa fee. If you meet the criteria set out below and wish to purchase this Priority Visa service you should log into your personal account on the TLScontact website and select and pay the fee on the Added Value Services page.

Only customers who meet the following eligibility criteria may apply for the settlement Priority Visa service:

Applicants applying to settle in the UK under family migration routes, and where a full settlement visa fee is payable.
Use of this service does not in any way imply or guarantee that an application will be successful. All applicants must meet the requirements of the relevant UK Immigration Rules.

UK Visas & Immigration recommends that you do not use this service if any of the following apply:

If you have been refused leave to enter the UK, and/or;
If you have previously deported, removed, or otherwise required to leave the UK, and/or;
If you have overstayed a period of leave in the UK, and/or;
If you have had leave to remain in the UK curtailed by the Home Office, and/or;
If you have been refused leave to remain in the UK by the Home Office, and/or;
If you have been previously refused a visa for Australia, Canada, New Zealand, the USA or a Schengen country, and/or;
If you have been interviewed, detained or prosecuted by the police for any offence in the UK or elsewhere, and/or;
If you have an unspent criminal conviction in any country, and/or;
If you have committed a criminal offence in any country.
Priority Visa services are not refundable.

You should not purchase this service once you have submitted your application.
[b]MY QUESTIONS


Only customers who meet the following eligibility criteria may apply for the settlement Priority Visa service:

1.Applicants applying to settle in the UK under family migration routes, and where a full settlement visa fee is payable.?
2.What do these imply?
3. Are some categories of applicants excluded?
How is it paid?
4. Those that have been refused cannot go for priority?
can one risk it?
5. How much is TBS? STILL THE SAME PROCESS?

THANKS A LOT

Priority Visa –

Settlement Service £ 450
Eligible customers applying to settle permanently in the UK can opt to purchase this added value service to have their application fast tracked. UK Visas & Immigration’s published service target for standard settlement applications is 60 working days. Use of this Priority Visa service guarantees that your application will be placed at the front of the queue for processing ahead of others. The Priority Visa service (settlement) costs £450 in addition to the visa fee. If you meet the criteria set out below and wish to purchase this Priority Visa service you should log into your personal account on the TLScontact website and select and pay the fee on the Added Value Services page.

Only customers who meet the following eligibility criteria may apply for the settlement Priority Visa service:

Applicants applying to settle in the UK under family migration routes, and where a full settlement visa fee is payable.
Use of this service does not in any way imply or guarantee that an application will be successful. All applicants must meet the requirements of the relevant UK Immigration Rules.

UK Visas & Immigration recommends that you do not use this service if any of the following apply:

If you have been refused leave to enter the UK, and/or;
If you have previously deported, removed, or otherwise required to leave the UK, and/or;
If you have overstayed a period of leave in the UK, and/or;
If you have had leave to remain in the UK curtailed by the Home Office, and/or;
If you have been refused leave to remain in the UK by the Home Office, and/or;
If you have been previously refused a visa for Australia, Canada, New Zealand, the USA or a Schengen country, and/or;
If you have been interviewed, detained or prosecuted by the police for any offence in the UK or elsewhere, and/or;
If you have an unspent criminal conviction in any country, and/or;
If you have committed a criminal offence in any country.
Priority Visa services are not refundable.

You should not purchase this service once you have submitted your application.

Only customers who meet the following eligibility criteria may apply for the settlement Priority Visa service:

1.Applicants applying to settle in the UK under family migration routes, and where a full settlement visa fee is payable.?
2.What do these imply?
3. Are some categories of applicants excluded?
How is it paid?
4. Those that have been refused cannot go for priority?
can one risk it?
5. How much is TBS? STILL THE SAME PROCESS?

THANKS A LOT

@Lexusgs 430, @portsmouth86, @justwise, @newbie715, @light me and others. Thanks a million you guys for your gratifying response and gratuitous work. I am now crossing my t's and dotting my i's for fresh application. I have the following questions:
1. As per the contacts- call logs and chats; Do I start from when I was refused November 2015 till date? or May 2015 when I applied then?
2. Each chat; Facebook, Skype, What's app has nothing less than 162 pages each from January 2016 till date how do I do this?


Thanks a lot. Awaiting your response!!!

[quote author=Lightme post=50691023][/quote]Thanks a million for your educative and more enlightening response. I would not mind if you could help me copy the article here. I found that of '....EX.2. For the purposes of paragraph EX.1.(b) "insurmountable obstacles" means the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner' IA/00065/2015

Now, I am gathering all the 'gathernables' quoting Lexusgs430. I want to reapply ASAP, although our appeal is now one year at Tribunal yet to be assigned a date. we have children together.
And I have copious evidence of all the items you mentioned.
Can I still quote the tribunal decision I quoted in my last post? while submitting the fresh application?
Unfortunately, my lawyer does not know her onion, she is more overridden by pecuniary motive!!!
Thanks a lot.
Lightme, expecting your response.

[quote author=Lightme post=50652318]Hi stillwaiting

I feel really bad that this decision has not been overturned at review. I mean this is clearly a straightforward appeal. even if UKVI had tried to get in contact with your wife, why didn't they send an email or letter by post or invite any of you for interview if they are in doubt of a genuine subsisting marriage . Your lawyer completely didn't argue this in the appeal. What about the case law of Bk turkey that I referenced in my hubby's appeal. Your refusal was solely on issue of ' marriage is not subsisting, your lawyer should have argued and defined the meaning of a subsisting marriage as it is Bk turkey case, then back it up with evidence of contacts between you too.

If you do have the money go and reapply add more evidence and fill the application forms yourself, the forms are easy to complete or ask here for help if anything. Or you wait for a hearing date
I have said this many times all these lawyers or liars or solicitors whatever their name is are absolute waste of time energy and resources, may I never have anything to do with them Amen.

Thanks a lot Lightme: Very straightforward in spite of loads of evidence of contacts and MP letters, these people up until now have refused to overturn their decision. It is very painful. We put evidence of emails to HO, calls UKVI, that my wife complained of not heard anything from them when the application was with them, and they refused to respond. Unfortunately, my lawyer did not argue nor quote any law on subsisting marriage.
Could you kindly assist me in defining the meaning of a subsisting marriage as it is Bk turkey case, the case law of Bk turkey that you referenced/defining subsisting marriage or send me the link/or through private message to my email.

Help in looking through and kindly add that of yours (BK Turkey case) and help me edit/delete what is irrelevant therein. Thanks

A copy of email I sent to her and she did not respond, '...The Home office are just punishing our family on this excuse that our marriage is not genuine or subsisting, the ruling beneath may be a reference to prove our case for them'

New case law on meaning of genuine and subsisting marriage

Several important new cases have just emerged on the subject of marriage and the immigration rules for spouses. They all deal with the evidence and burden of proof in such cases. The President of the Upper Tribunal’s Immigration and Asylum Chamber, Mr Justice Blake, has had a hand in all three.


The two cases were upheld by the Upper Tribunal (Goudey (subsisting marriage – evidence) Sudan [2012] UKUT 00041 (IAC) and (The authority of GA (“Subsisting” marriage) Ghana * [2006] UKAIT 00046; [2006] Imm AR 543)

Meaning of and proving a “subsisting marriage”
The second case is Goudey (subsisting marriage – evidence) Sudan [2012] UKUT 00041 (IAC). The President observes (as he does in Papajoraji) that all 115 questions in the visa application form were properly completed and goes on to find that the immigration judge erred in law by imposing his own expectations of how a couple might conduct their relationship and by failing to appreciate that the evidence that was presented was properly corroborative of the relationship. Thankfully for Luddites everywhere, the President is particularly critical of the bizarre finding that the absence of texting somehow suggested the relationship was less than genuine. He then goes on:

It may be that the ECO and the judge considered that the requirement to show a “subsisting marriage” imposes some significant burden to produce evidence other than that showing that there was a genuine intention to live together as man and wife in a married relationship. If so we conclude that that is an error of law. The authority of GA (“Subsisting” marriage) Ghana * [2006] UKAIT 00046; [2006] Imm AR 543 only requires that there is a real relationship as opposed to the merely formal one of a marriage which has not been terminated. Where there is a legally recognised marriage and the parties who are living apart both want to be together and live together as husband and wife, we cannot see that more is required to demonstrate that the marriage is subsisting and thus qualifies under the Immigration Rules.
Standard of proof and post decision evidence

The third case, Naz (subsisting marriage – standard of proof) Pakistan [2012] UKUT 00040 (IAC), was an appeal by the Entry Clearance Officer to the Upper Tribunal against an appeal that had been allowed. The President reiterates that post-decision evidence is admissible if it goes to show what the situation really was at the date of decision — the Hoque and Singh [1988] Imm AR 216 argument, for the case law historians amongst you — and upholds the judges’s assessment of the sponsor being a confused but honest witness.

All three are welcome cases, restoring some common sense and propriety to the judicial evaluation of other people’s relationships. Perhaps most importantly, the theme that underpins all three cases is that it should not be assumed as a starting point that all immigrants are liars who must somehow prove otherwise. The standard of proof is, after all, simply ‘more probable than not’.

Thanks a lot ALL AND @LEXUSGUS430....... BY TOMORROW, 1ST NOVEMBER, IT WILL BE 12MONTHS @ APPEALS.
Could Caribbeanwify28 share her appeals timeline with the house? and let us share a little bit of your experience about the appeals- draining patience, and how you were able to weather the storm-psychologically and the mental trauma or anybody else who has won recently, can the house share their timeline/time-table experience?

Thanks you a lot for your empathy. God will be with you ALL. I have read all your comments. @Lexusgs430. The Telephone no is perfect. Yes, if it is not too late, I can reapply what can I write to refute their earlier claims of the calls palaver? They called at different times, 3x in a month, and twice in the following month, the other month, they said it was rejected!!! all took place last year. Sirs,Let us even look at this logically and closely, how comes somebody who was anxious to see her husband, with kids? sending all documents to HO will now be rejecting calls, called UKVI, sent emails to HO that she was yet to be called!!! She affirmed that NOTHING like that happened. With the harrowing tales of agony she passes through!!! The climax of their narrative is this:'...we did manage to get through to your sponsor on xx/xx/15 however when we introduced ourselves and the circumstances of the phone call, the phone was disconnected''!!! OH OH OH!!!!!!!!
I am looking at two options; wait for the APPEALS or REAPPLY??
@dday101: The contact no is impeccable!!!
@justwise: We called the network and that was their response, even my lawyer called the network and they maintained their position that except the police can order it. Justwise, I HAVE READ TWO POSTS IN THE PAST IN WHICH THE HO CLAIMED THAT THEY CALLED A PARTICULAR LADY AND ONE EMPLOYER AND THE TWO OF THEM SAID THERE WERE NO MISSED CALLS, NO VOICE MESSAGE LEFT, AND THEY GAVE DIFFERENT DATES AND TIMES FOR THE LADY THAT THEY CALLED AND THERE WAS NO RESPONSE. AND SHE WAS REFUSED! NO PERFECTION ANYWHERE IN THE WORLD EXCEPT GOD, OF ABSOLUTE JUSTICE!!! (I HAVE TAKEN MY TIME TO PAINSTAKINGLY STUDY 147 PAGES ELSEWHERE, AND 213 HERE, different experiences)
@LEXUSGUS430......'If he claims no calls were received at any time, it means someone is been economical with the truth' i agree with you in toto almost 4 months were given for review and up until now they refused to call her
CAN MY KIND PEOPLE IN THE HOUSE HELP ME TO DRAFT RULES FOR ME/quoting their immigration laws,as it was done by one applicant here. SO THAT I WILL USE IT TO REAPPLY TO REFUTE THEIR CLAIMS. AND OTHER EVIDENCE I CAN USE So that we don't become insane!!! I CAN GIVE MY PRIVATE EMAIL THROUGH...
Thanks a million!!!
Justwise, '...phone call and other chat histories are pretty easy to obtain and you don't need to contact vodafone for that'. Pls, help us/guide/explain especially to get the home office call logs

Thanks you a lot for your empathy. God will be with you ALL. I have read all your comments. @Lexusgs430. The Telephone no is perfect. Yes, if it is not too late, I can reapply what can I write to refute their earlier claims of the calls palaver? They called at different times, 3x in a month, and twice in the following month, the other month, they said it was rejected!!! all took place last year. Sirs,Let us even look at this logically and closely, how comes somebody who was anxious to see her husband, with kids? sending all documents to HO will now be rejecting calls, called UKVI, sent emails to HO that she was yet to be called!!! She affirmed that NOTHING like that happened. With the harrowing tales of agony she passes through!!! The climax of their narrative is this:'...we did manage to get through to your sponsor on xx/xx/15 however when we introduced ourselves and the circumstances of the phone call, the phone was disconnected''!!! OH OH OH!!!!!!!!
I am looking at two options; wait for the APPEALS or REAPPLY??
@dday101: The contact no is impeccable!!!
@justwise: We called the network and that was their response, even my lawyer called the network and they maintained their position that except the police can order it. Justwise, I HAVE READ TWO POSTS IN THE PAST IN WHICH THE HO CLAIMED THAT THEY CALLED A PARTICULAR LADY AND ONE EMPLOYER AND THE TWO OF THEM SAID THERE WERE NO MISSED CALLS, NO VOICE MESSAGE LEFT, AND THEY GAVE DIFFERENT DATES AND TIMES FOR THE LADY THAT THEY CALLED AND THERE WAS NO RESPONSE. AND SHE WAS REFUSED! NO PERFECTION ANYWHERE IN THE WORLD EXCEPT GOD, OF ABSOLUTE JUSTICE!!! (I HAVE TAKEN MY TIME TO PAINSTAKINGLY STUDY 147 PAGES ELSEWHERE, AND 213 HERE, different experiences)
@LEXUSGUS430......'If he claims no calls were received at any time, it means someone is been economical with the truth' i agree with you in toto almost 4 months were given for review and up until now they refused to call her
CAN MY KIND PEOPLE IN THE HOUSE HELP ME TO DRAFT RULES FOR ME/quoting their immigration laws,as it was done by one applicant here. SO THAT I WILL USE IT TO REAPPLY TO REFUTE THEIR CLAIMS. AND OTHER EVIDENCE I CAN USE So that we don't become insane!!! I CAN GIVE MY PRIVATE EMAIL THROUGH...
Thanks a million!!!

Thanks a lot for your prompt response. The net work provider 3 refused to oblige us the call logs, saying it goes against telecommunication law, it is only the police that can order for it and this is when it involves criminal offense/case. The MP whom we kept abreast with the issue quickly wrote them that my sponsor affirmed that none of these happened, and that they should call my wife or his office, they replied him by saying that the ECM has reviewed it and '...in light of the ECO's attempts to contact the sponsor, the ECM is satisfied there is no evidence to suggest that an error has occurred in refusing the applicant...' so he can appeal or submit a fresh application and addresses all of the concerns raised by the ECO which refused his last application'
We appealed in pronto based on the lawyer's advice that this refusal cannot stand, it will be overturned at review stage, UP UNTIL NOW THESE PEOPLE HAVE REFUSED JUST TO CALL MY WIFE LANGUISHING. IS THERE ANYTHING MORE TO IT THAN MEET THE EYES
No administrative review for settlement visa.
At review stage almost a year why can't they call since? Is it only phone calls the only way to contact the sponsor?
It is the same contact no.
DON'T LET US WASTE TIME ON THE PAST, LET US CONCENTRATE ON THE FUTURE, IF REAPPLYING? IS IT STILL PLAUSIBLE AFTER ONE YEAR AT APPEALS??
WHAT CAN WE WRITE IN THE NEW APPLICATION TO REFUTE THEIR CLAIMS? WHAT ARE THE PROOFS WE CAN USE?
OR CAN I STILL WRITE HO THROUGH THE MP PUTTING IN MORE CONTACTS MANY EXPEDITE APPEALS REQUESTS FROM THE GP BASED ON HEALTH GROUND WERE TURNED DOWN BY TRIBUNALS.
THANKS A LOT.


First and Foremost, you need to request the call logs of the number called and cross check against real number.
This puts you in a dicey situation - :
- Appeal
- Reapplication
NB : Prior to the above, if the numbers called were wrong, administrative review might be your best route......
It appears your application passed all other checks, BUT the inability to speak to your sponsor.
Sorry about this negative news, but the battle is not over.
Did you change the call log entry or how come it reads the same?

Thanks a lot for your prompt response. The net work provider 3 refused to oblige us the call logs, saying it goes against telecommunication law, it is only the police that can order for it and this is when it involves criminal offense/case. The MP whom we kept abreast with the issue quickly wrote them that my sponsor affirmed that none of these happened, and that they should call my wife or his office, they replied him by saying that the ECM has reviewed it and '...in light of the ECO's attempts to contact the sponsor, the ECM is satisfied there is no evidence to suggest that an error has occurred in refusing the applicant...' so he can appeal or submit a fresh application and addresses all of the concerns raised by the ECO which refused his last application'
We appealed in pronto based on the lawyer's advice that this refusal cannot stand, it will be overturned at review stage, UP UNTIL NOW THESE PEOPLE HAVE REFUSED JUST TO CALL MY WIFE LANGUISHING. IS THERE ANYTHING MORE TO IT THAN MEET THE EYES
No administrative review for settlement visa.
At review stage almost a year why can't they call since? Is it only phone calls the only way to contact the sponsor?
It is the same contact no.
DON'T LET US WASTE TIME ON THE PAST, LET US CONCENTRATE ON THE FUTURE, IF REAPPLYING? IS IT STILL PLAUSIBLE AFTER ONE YEAR AT APPEALS??
WHAT CAN WE WRITE IN THE NEW APPLICATION TO REFUTE THEIR CLAIMS? WHAT ARE THE PROOFS WE CAN USE?
OR CAN I STILL WRITE HO THROUGH THE MP PUTTING IN MORE CONTACTS MANY EXPEDITE APPEALS REQUESTS FROM THE GP BASED ON HEALTH GROUND WERE TURNED DOWN BY TRIBUNALS.
THANKS A LOT.


First and Foremost, you need to request the call logs of the number called and cross check against real number.
This puts you in a dicey situation - :
- Appeal
- Reapplication
NB : Prior to the above, if the numbers called were wrong, administrative review might be your best route......
It appears your application passed all other checks, BUT the inability to speak to your sponsor.
Sorry about this negative news, but the battle is not over.
Did you change the call log entry or how come it reads the same?

Notice of Refusal
@justwise and others. How do we counter this?? what are the changes we can effect

'' You have stated that you keep in regular contact with your sponsor through telephone, email and by cards. whilst I note you provided letters of invitation from your sponsor and children and Skype and email records claiming to show contact between you and your sponsor, checks have been conducted by this office to verify these details however we were unable to reach...(sponsor)using the contact details provided. We tried contacting your sponsor on 00/00/15, 00/00/15, 00/00/15 and 00/00/15 however there was no answer from your sponsor. we did manage to get through to your sponsor on 00/00/15 however when we introduced ourselves and the circumstances of the phone call, the phone was disconnected. we tried again on 3 different occasions after this however each time the call was rejected.........blah blah...I am not satisfied that each of the parties intends to live permanently with the other as his or her spouse civil partner and the marriage is subsisting. I therefore refuse your application under paragraph 352(iv) of the Immigration Rules. I have also considered whether your application raises any exceptional circumstances which consistent with right to respect for family life contained in Article 8 of the European convention on Human Rights warrant consideration by the secretary of state of a grant of entry clearance to come to UK outside the requirements to come to UK is there4 refused. blah blah...I have refused your application......''

My wife used to call UKVI, sent emails to HO and even went to the MP when she expected to be called and almost died of anxiety and they DID NEVER CALL HER and at the end of the day they claimed they called and called and imagine A PERSON EXPECTED TO BE CALLED WOULD REJECT CALLS!!! EACH TIME MY WIFE REMEMBERS, SHE USED TO CRY.

YOUR ADVICE, SUGGESTIONS WILL BE APPRECIATED. WE ARE DYING OF EMOTIONAL AGONIES!!!

....

@Lexusgs 430, @portsmouth86, @justwise, @newbie715, @light me and others. Thanks a million you guys for your gratifying response and gratuitous work. I work for state Government for a decade and half. QUESTION 1: What can I do? @justwise
Please now that our lawyers have misled us, and we are subjected to appeals, which is an emotional torture roller-coaster, next month November it will be exactly one year since our appeals are lying fallow at the HM courts and Tribunal without any hearing date fixed!!!
QUESTION2:The question is can I reapply now? Will it not be too late if I reapply now taking into consideration the infantile reasons the HO/ECO sometimes put up to delay one's application 3-6months. (My application spent 6months, and they still refused me!!!)
What is the best approach? Can I wait till hearing is fixed? or I should not mind, should just put in fresh application? and they will not refuse me looking for other excuses aside from the genuine relationship they claimed in the first application? I put in a lot of contacts ('...add loads of evidence of contacts between you, especially if refusal is about genuine subsisting relationship...') as suggested on this forum; to refute their claim but they still stick to their guns to hold on to their cruel decision in spite of the MP intervention.
QUESTION 3: Does AIT allocate hearing dates based on fairness? what are the likely yardsticks unlike the HO/ECO (individuals are treated on their own merits). or NIGERIANS APPLICANTS/APPELLANTS ARE TREATED DIFFERENTLY AND DISCRIMINATED AGAINST TO OUR COUNTERPARTS IN OTHER CLIMES OR WE SHOULD BE EXPECTING HEARING DATE SOON NO NEED REAPPLYING? Pls, I am confused.
compare these 3applicants from: http://www.immigrationboards.com/immigration-for-family-members/pakistan-uk-spouse-visa-appeals-t189684-2780.html

Timeline 1:
Appealed: 27th November,2015
Review-Deadline:12th April,2016
Hearing Date:22nd March, 2016

Timeline 2:
appealed in September 2015
deadline in February 2016
Court date in March 2017

Time line 3:
Appealed - September 2015
Review - Deadline - February 2016
Hearing Date - November 2016

PLEASE MORE ENLIGHTENMENT/ANSWERS WILL BE MOST APPRECIATED IN THESE ALL THREE QUESTIONS. THANKS A LOT SIRS/MAS in this harrowing period!!!

@Lexusgs 430, @portsmouth86, @justwise, @newbie715, @light me and others. While one is still awaiting family settlement appeals, is it possible for the person to put in visit application in order to attend conference in the UK to be sponsored by the employer?

BB Bbken asked the question as follows in previous posts: 'Justwise and all gurus in the house please help me out

I was refused my settlement Visa in March, went on appeal in April and the court has written us that the will get back to us on 28 August, but i work for a government establishment and I was nominated to attend a pre workshop in May which I did and the certificate was given which am supposed to use for the international workshop application coming up on 17th August in the UK. For the workshop am expected to pay for my hotel fee and the workshop fee.

My question is

Can I apply for the workshop while my appeal is till on or will they be another refusal due to the fact that I was refused settlement in March even though I have been to the UK before on visit.

Will i still mention my husband in the workshop application?

What documents do I need for this application?

Please I need guidance and advice, thank you
it's a federal government establishment and even when the approve for you to go, you'll have to sponsor your self and after Ward's get back your money due the one account stuff President Buhari introduced, my HOD said he is recommending me for it if I can foot the bill for now. He will give a covering letter to that effect..

NOBODY RESPONDED TO HIS INQUIRY!!! ON THIS FORUM, EACH PERSON TRAUMA/AGONY IS DIFFERENT!!! WE JUST NEED TO SYMPATHETICALLY/EMPATHETICALLY ASSIST ONE ANOTHER

I have a conference to attend in Scotland late November to be sponsored by my employer, definitely it will give me opportunity to visit my family as well. Am I going to be refused? HAS ANYBODY DONE THIS? if possible, how can I convince the HO/ECO?
URGENT ADVICE WILL BE MOST APPRECIATED!!! THANKS

@Lexusgs 430, @portsmouth86, @justwise, @newbie715, @light me and others. While one is still awaiting family settlement appeals, is it possible for the person to put in visit application in order to attend conference in the UK to be sponsored by the employer?

BB Bbken asked the question as follows in previous posts: 'Justwise and all gurus in the house please help me out

I was refused my settlement Visa in March, went on appeal in April and the court has written us that the will get back to us on 28 August, but i work for a government establishment and I was nominated to attend a pre workshop in May which I did and the certificate was given which am supposed to use for the international workshop application coming up on 17th August in the UK. For the workshop am expected to pay for my hotel fee and the workshop fee.

My question is

Can I apply for the workshop while my appeal is till on or will they be another refusal due to the fact that I was refused settlement in March even though I have been to the UK before on visit.

Will i still mention my husband in the workshop application?

What documents do I need for this application?

Please I need guidance and advice, thank you
it's a federal government establishment and even when the approve for you to go, you'll have to sponsor your self and after Ward's get back your money due the one account stuff President Buhari introduced, my HOD said he is recommending me for it if I can foot the bill for now. He will give a covering letter to that effect..

NOBODY RESPONDED TO HIS INQUIRY!!! ON THIS FORUM, EACH PERSON TRAUMA/AGONY IS DIFFERENT!!! WE JUST NEED TO SYMPATHETICALLY/EMPATHETICALLY ASSIST ONE ANOTHER

I have a conference to attend in Scotland late November to be sponsored by my employer, definitely it will give me opportunity to visit my family as well. Am I going to be refused? HAS ANYBODY DONE THIS? if possible, how can I convince the HO/ECO?
URGENT ADVICE WILL BE MOST APPRECIATED!!! THANKS

THIS MIGHT BE USEFUL


APL7.1 What is the purpose of an appeal review

The purpose of the appeal review is to consider the grounds of appeal and supporting documents. A review is required for all decisions refused with a full right of appeal (RoA). Those undertaking the review must assess whether the appellant has satisfactorily addressed the reasons for refusal. If the appellant has successfully addressed all the points of refusal the decision should be overturned and a visa issued. If it is found that the appellant has failed to address the reasons for refusal a written statement detailing why, the decision is being upheld must be provided.
2.
APL7.2 Who should conduct the appeal review

All appealed decisions must be reviewed by an independent decision maker and records should be updated.
3.
APL7.3 How should the appeal review be conducted

On receipt of an appeal, the initial decision must be reviewed taking into account the grounds of appeal and any additional supporting documentation. Documents supplied at the time of application should be available for consideration if required. The reviewer must decide to maintain the ECO decision or agree in light of the grounds of appeal.

Where an appellant provides evidence which appears to discharge the burden of proof and satisfactorily addresses the reasons for refusal the decision should be overturned and a visa issued.

If a decision has been taken to overturn the refusal and issue the visa, the appellant must be contacted within 10 working days requesting submission of the passport. Proviso should be updated accordingly. This 10 day time-frame is intended to minimise delays for appellants who have satisfactorily addressed the reasons for refusal.

If a decision has been made to maintain the decision then clear reasons must be provided for this using the appeal review template. Standard paragraphs should not be used when explaining why the decision is to be maintained.

Consideration should be given to whether the documents submitted are relevant to the decision. If the documents are not relevant and do not address the reasons for refusal this should be clearly stated. For example, maintenance and accommodation is not met and on appeal the appellant provides only a birth certificate; this should be recorded as irrelevant within the appeal review statement

Consider whether evidence provided is relevant to the date of decision. If evidence does not relate to circumstances at the date of decision this should be made clear in the review statement

All documents submitted with the initial application and with the appeal are listed in the review statement
4.
APL7.4 What is the standard of proof

The standard of proof is the balance of probabilities. The balance of probabilities simply means on consideration of the evidence that there is more evidence in favour of one decision than the other. When undertaking a review an assessment as to whether it is more likely than not that an appellant has discharged the burden of proof.

For paragraph 320/Suitability decisions where the ECO has evidence that the applicant has used deception, made a false statement or given false information, the standard of proof is ‘to a higher degree of probability’. In order to maintain a paragraph 320/Suitability decision, we need positive evidence that they have used deception or false representations, or that a document that they have submitted is false. Case-law has determined that the more serious the allegation the more convincing the evidence should be.
5.
APL7.5 Post decision evidence

The relevant date in entry clearance cases is the date of refusal. This is established from case law and s. 85(5) of NIAA 2002. Any material change in circumstance or evidence not reasonably foreseeable after the date of refusal should not be taken into account. In practice this means when conducting the review only the circumstances leading up to and including the date of refusal should be considered. The review or immigration judge is entitled to look at circumstances / evidence after the date of decision only if they relate to circumstances before or at the time of decision.

There is a distinction to be made between new evidence and additional evidence.
5.1 New evidence:

New evidence which postdates the decision cannot be considered as part of the appeal review. This evidence should be acknowledged in the review it should indicate that this should be used to support a fresh application.
Examples of new evidence

These are common examples and are not an exhaustive list.
Unexpected increase in funds postdating the decision.
Sponsor obtains new employment that was not engaged in / expected at the date of decision.
A new sponsor appears in the grounds of appeal. This is not reasonably foreseeable.
5.2 Additional evidence:

If evidence relating to the initial application is submitted with the appeal this should be taken into account at the appeal review. The most common instances of additional evidence will be documents that the appellant omitted to include with the application.
Examples of additional evidence

These are common examples and are not an exhaustive list.
A bank statement issued after the date of decision that shows a satisfactory balance on or leading up to the date of decision
Satisfactory evidence of accommodation submitted by the sponsor relevant to the decision
Evidence of employment at the date of decision which was omitted from the original application
A birth certificate evidencing the relationship of parties which was not produced at the time of decision

Source: Appeal review: APL07 – GOV.UK

Updated Home Office policy on reviewing cases when appeals are lodged:
“

UK Visas and Immigration guidance for how it considers the grounds for appeal and supporting documents of an application.

'Call me a cynic, but I have never ever seen any evidence that ECOs or the Home Office seriously reconsider a decision when an appeal is lodged. A very polite request for reconsideration can sometimes get results if strong, but just lodging the appeal never seems to lead to reconsideration. If anyone has experience to the contrary, do leave a comment.

UPDATE: Interestingly, a few people have been in touch to say they have found some decisions getting overturned when appeals are lodged.'
COPIED FROM: FREE MOVEMENT

I do monitor and study both Pakistan-uk-visa-appeals at http://www.immigrationboards.com/immigration-for-family-members/pakistan-uk-spouse-visa-appeals-t189684-80.html and its Nigeria counterpart nairaland.uk-visa-appeals, after my friend whom we share the same agony introduced the site to me of being a robust and more concerned about spouse appeals and timelines. I have been monitoring the TWO site since our appeals and those we appealed at the same month and the same review deadline. I have read two people who have been given court hearing dates. Lo0k at this:

Re: Pakistan UK Spouse visa appeals
by zeksy1 » Wed Oct 19, 2016 9:13 am

Ma review deadline was on 12th April 2016 and last week I received court date which is 22nd march 2017.It is quite a long wait and I can't wait more so m gonna reapply soon..InshaALLAH! And ma husband is frm Birmingham..

Re: Pakistan UK Spouse visa appeals
by zeksy1 » Wed Oct 19, 2016 6:04 pm

Online application: September 2015
Rejected: November 2015
Appeal submitted:27th Nov 2015
Review deadline:12th April 2016
Hearing date: 22nd March 2017

Compared to me and my friend
Spouse Application online:..... 15/05/15----7/07/15
Refusal date: ........02/11/15--------------09/10/15
Appeal date: .......... 23/11/15-------------06/11/15
Review Deadline notice: .........11/04/16-------05/04/16
Court Hearing date: .............. stillwaiting ----------still waiting
Decision: ..................-----------------------------
Call in letter:........................----------------------------

The question is :DOES HM COURTS AND TRIBUNALS NOT TREATING APPELLANTS WITH JUSTICE? Home Office will say individuals are treated on their merits, does this also applicable to the ministry of JUSTICE in the UK I see those that appealed in November, 2015 were given April, 2016 as Review deadline while will court hearing dates now be discriminating? Nigeria -Pakistan
MY PEOPLE IN THE HOUSE YOUR RESPONSE, WE ARE CONFUSED!

Some of us were misled and misadvised by some money-maniac immigration lawyers, they confused us and before we realized it was too late, getting to one year as you could see. In fact, recently, I spoke to an immigration lawyer in London, he told me that we have to first of all withdraw the appeals which could take up to three months before we will now apply with fresh application. Sincerely, many of the so called immigration lawyers are not expert in this immigration palaver. Those of us that study and read and re-read all these posts and have stake in this entanglement have more knowledge that many of these lawyers both in Nigeria and UK, their interest is always money. But Almighty, omnipotent and omnipresent God makes impossible, possible!!!

Why is it that in this forum nobody remembers or up-date those who have appealed since last year from October to December and up until now AIT would always repeat the same response. Let us keep updating those that have been given court hearing dates viz a viz the dates they appealed, it goes a long way to relieve and soothe the tensed nerves of a lot of people and give a ray of hope for those that are having their appeals still hanging since last year and no up-date, some of us are facing serious agony of living apart from our family and the mental longing of reuniting with our spouses and children.
Like this format:

Spouse Application online:..... 15/05/15
Refusal date: ........02/11/15
Appeal date: .......... 23/11/15
Review Deadline notice: .........11/04/16
Court Hearing date: .............. stillwaiting
Decision: appeal allowed ..................
Call in letter:........................


Here is the copy of AIT email:
' Thank you for your email We are aware that your appeal is still waiting for a hearing date to be allocated. The Tribunal is currently dealing with a substantial number of cases, which means at present we are unable to confirm a hearing date to you. The volumes of appeals we are currently dealing with greatly outnumber the number of hearings and Judges we have available. We are doing everything in our power to provide the earliest possible date that we have available. You will be notified in due course of the hearing date and venue for this appeal. We apologise for any inconvenience this may cause. Please quote your Tribunal Appeal Number in all
correspondence when contacting us, as we may not be able to assist you without it. Please note that we are unable to provide timeframes for the appeal process (as a whole or each procedure within the process) due to a number of varying factors.

Regards

Email Customer Enquiry Unit
Correspondence Address:
Immigration and Asylum Tribunal
PO Box 6987
Leicester
LE1 6ZX
United Kingdom
Telephone: 0300 123 1711
Fax: 0870 739 5895
Minicom:
0300 123 1264
Website: https://www.justice.gov.uk/tribunals/immigration-asylum