Hi, The law at the moment does allow immigration judges to consider new evidence according to section 85(4) of the 2002 Nationality Asylum and Immigration Act - basically saying that the immigration judge can take into account evidence about any matter which they think relevant to the decision, incl...
Hi Robin, I have private messaged you some lawyer details. I did not contact the HO after my refusal but I can easily understand what has happened to you. If it is a standard refusal like mine, your 10 working days to appeal may have expired (assuming that they gave you the 2 days from issuing of th...
Thanks, my lawyer confirmed the same- though there is leave to remain while I appeal, I would almost certainly not be allowed back into the country if I left.
Thanks for your encouragement regarding my appeal. However, I do think the UKBA is to blame. This is not only my personal opinion: see this post from the Immigration Advisory Service: http://www.iasuk.org/C2B/PressOffice/display.asp?ID=427&Type=2 I can not find the link now, but I am sure I saw ...
I know it is within the rules, but I find it completely unacceptable for the UKBA to take one and a half months, £750, and refuse my application based on a technicality that they could have cleared up in a day by asking me for those documents. Or do they want everybody to have to pay another £750 ...
I've hired a lawyer and appealing, as I think anyone who is in the position to do so should. The UK Border Agency is trying to put people off by being overly restrictive on documents- not really whether people satisfy the requirements. Keep watch for changes in the immigration law- once section 19 c...
Just as I thought really. I do not absolutely have to leave, but flights etc. already booked, and after paying £750 for visa, £1000 for lawyer, it makes me wonder if it is actually worth it. If i did not have a partner here, I think I would pack up and leave for good. There is no temporary documen...
Yes, that's what I thought. I hope to get my appeal in by the end of the week, so I hope that speeds things up. I don't suppose anyone reading knows if anybody can issue any kind of temporary document that allows you to leave the country? I think it would be unlikely u'll get the visa by May assumin...
Basically it modifies section 84 of the Nationality, Immigration, and Asylum Act 2002- this allows statements made under section 120 (additional grounds in an Refusal appeal) to be considered no matter if they are new evidence or not (though I am not am immigration lawyer).
Good point... what about after the hearing? I still will not have anything in my passport until the Border Agency put a stamp in it. The problem is that I am meant to leave the country in the middle of May for about a month, and I am worried that this whole process is going to take longer.
Hi, Thanks for the advice. I have decided that it is a little bit too complex (or at least the outcome too important) to risk doing it myself, and have found a good immigration lawyer. Hi Bmb, Sorry to hear about your case. I have been in exactly the same position as u, recently went to AIT for appe...
Hi Nasim, Yes, I would show gross and net income for each month so that it these values exactly match those from your other documents. I further question - I was under the impresssion that no new evidence could be submitted to the AIT. However, in the Nationality, Immigration and Asylum Act 2002 sec...
Thanks- yes in hindsight I should have provided the payslips I had (10 months out of 12 which is why I did not use them) and taken the lower number of points, which still would have taken me well over the 75 point limit. I thought that since the payments on my bank statements were actually more than...
Hi, I have just received notice that my application for under Tier 1 has been refused (application from within the UK). The grounds are that I have insufficient points. This has resulted because my "Previous Earnings" (Letter from employer and bank statements for 12 months) have not been a...
