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✎ EN Spouse Visa refusal-Appeal

Tema en 'Immigration UK' comenzado por Dasarge1311, 21 de Junio de 2006.

  1. Dasarge1311

    Dasarge1311 New Member

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    Hello, I am married to Uk citizen and am Nigerian. We got married in Nigeria and i applied for a spouse visa since the 20th of February, 2006. I was subsequently invited for an interview which i attended on the 19th of May, 2006. My spouse was unable to attend with me on the said day as she had just secured a job two months before then.Please note that she relocated to the UK on the 11th of February as she had been living in Nigeria for over ten years. The ECO that interviewed me was uncooperative and unfriendly and kept on asking me steering questions which got me completely confused and off-balance. She eventually told me after the interview that the conditions leading to how we met was not similar from me and my wife hence; she was refusing my application. She drew a line over my reference number on my passport and dismissed me without a refusal notice nor appeal forms whatsoever. She went ahead to verify all my documents;which were all genuine and i was only notified yesterday, 20th June that my refusal notice and appeal forms were now available.
    Please could someone kindly advise me on what to do as i dont believe that this people are interested in issuing this visa at all. Please kindly advise me professionally on what next step i can take.
    Thank you very much for takinh your time to read this.

    Best Regards,

    Sarge :confused: [/b]
     
  2. Triple H

    Triple H Addicted member

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    I dont know much about appeals but this could be startig point:

    Refusals and appeals


    What if I am refused a visa?
    93% of our applicants worldwide receive the visa that they have applied for. If you are refused a visa, the entry clearance officer will give you a written notice explaining why. To ensure that we have made a fair decision, in accordance with the UK Immigration Rules, an entry clearance manager reviews every refusal within 24 hours. In some cases, you will have the right of appeal against the decision.

    If you have been refused a visa, you may apply again at any time, but if the circumstances leading to your refusal have not changed, you may be refused again.

    Can I appeal against my refusal?
    You can appeal against refusal of some types of entry clearance applications, for example:
    Family visit – to visit close family members in the UK.
    Spouse, fiancé(e) or unmarried partner – to settle in the UK
    Student – to study for more than 6 months in the UK.
    Work Permit holder – to work full-time in the UK
    There are also other types of entry clearance applications which, if you are seeking to spend 6 months or more in the UK, you may have the right of appeal if you are refused. If you are entitled to appeal, this will be explained in your written notice of refusal. Further information is available at: Immigration and Nationality Directorate

    How do I make my appeal?
    If you have the right of appeal the Entry Clearance Officer will give you three forms:
    your written notice of refusal (setting out why your application for a visa has been refused);
    your notice of appeal (the form which you must complete and return to the Entry Clearance Officer explaining why you think he or she was wrong to refuse your application); and
    a leaflet explaining the appeals process.
    Is there a time limit?
    Yes. You must complete and return the notice of appeal to the entry clearance officer within 28 calendar days of receipt of the notice. If the notice is posted to you, this time limit starts from the date you receive the notice.

    How much does it cost?
    There is no charge for an appeal against refusal of visa.

    What happens when I make my appeal?
    When the Entry Clearance Officer receives your appeal he or she will review the application again, taking account of any further comments you have made in the Grounds of Appeal and of any fresh evidence. The original decision may be reversed at this stage, and an entry clearance issued.

    If the Entry Clearance Officer does not alter the decision, and you choose to exercise your right of appeal, he or she will write an Explanatory Statement, which will explain in greater detail his or her reasons for refusing the visa. This will be sent with all your papers to the Home Office for onward transmission to the Immigration Appellate Authority and to your representative.

    What does the Immigration Appellate Authority do?
    The Immigration Appellate Authority (IAA) was set up by Parliament to resolve immigration appeal cases. The IAA will arrange for your representative in the UK to receive copies of all the relevant papers, including the Entry Clearance Officer’s Explanatory Statement. The IAA will then arrange for your case to be heard.

    Who will decide the outcome of my appeal?
    An independent adjudicator will hear your appeal in the UK. When considering an appeal, the Adjudicator will take full account of all the evidence presented by you and/or by your representative, as well as by the Home Office. He or she will then make a judgement based upon the Immigration Rules and on the individual merits of your appeal.

    How long will my appeal take?
    Family visit appeal –The IAA’s aim is to process Family Visit appeals as quickly as possible. Paper hearings, generally, are dealt with more quickly than oral hearings, but neither should take more than a few weeks, after the papers have been received by the Immigration Appellate Authority. Unfortunately, it is not possible to give guarantees on how long an appeal will take and this information is given for guidance only.
    Other appeals – It is not possible to give times for other appeals. It is likely that the appeal will not be listed for a hearing for some considerable time, possibly up to one year.
    How do I contact the Immigration Appellate Authority?
    If you or your representative wish to enquire about the progress of your appeal, or to obtain more information about the appeals system, you can contact the IAA at following address. Please give the name of the Post where the application was made and the Post reference number when making an enquiry: Asylum and Immigration Tribunal
    Customer Service Centre
    Crown House
    Southfield Road
    Loughborough LE11 2TW
    Tel: (+44) (0) 845 6000877
    Fax: (+44) (0) 509 221444

    Can I get independent advice?
    You or your sponsor can obtain advice and help about appeals from the Immigration Advisory Service (IAS). The IAS is a voluntary organisation, independent of government, which provides free and confidential advice to visa applicants and their representatives.

    The IAS can help you decide whether or not to lodge an appeal. The IAS can also present an appeal to the Appellate Authority on your behalf. You can contact them at: Immigration Advisory Service
    2nd Floor
    County House
    190 Great Dover Street
    London SE1 4YB
    Telephone: (+44) (0) 20 7357 6917
    Duty Office: (+44) (0) 20 8814 1559
    Fax: (+44) (0) 20 7378 0665
    email: advice@iasuk.org

    The IAS also has offices in Birmingham, Cardiff, Gatwick Airport, Glasgow, Harmondsworth, Heathrow Airport, Leeds and Manchester.

    Depending on the strength of your case and on your sponsor’s financial circumstances, they may be entitled to have your legal representative paid for by the Legal Services Commission’s 'Community Legal Service' (CLS).

    To find out if your sponsor qualifies for this funding contact: Community Legal Service Policy Team
    Legal Services Commission
    85 Gray’s Inn Road
    London WC1X 8TX
    Tel: (+44) (0) 845 608 1122"
     
  3. Dasarge1311

    Dasarge1311 New Member

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    Hi Tripple H, can i apply for a 6 months visiting visa just to see my wife? or can i just re-apply for this settlement visa again whilst the appeal goes on? Please advise if there's any risks inherent in doing any of these while am still in appeals,
    Thanks,
     
  4. Triple H

    Triple H Addicted member

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    I am not sure.

    See pm.
     
  5. JCAZZEDI

    JCAZZEDI Member

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    apply for another visa while you are appealing another visa

    I ASKED THIS QUESTION - AND WAS TOLD YES BY THE BHC , they said you can apply for another visa, while you are appealing another visa. but dont get too excited..because for the reason you are married and want to go to the UK on a ''holiday''they will use this against you and will refuse you saying '' they do not feel you are on a holiday and you will try and stay in the country'' once you are granted your holiday visa.
    And i have been told this by people that i know that have tried this, and saw the refusal paperwork.
     
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