Hi John, Sakura, Victoria please help

[SYH]

Hi everyone
Can anyone please advise on my post. I am at a loss as to why they have requested evidence of his travel history and previous passport when he has highlighted in the supporting letter that he was an illegal entrant. Even if he were to produce the passport as requested would that not contravene 320 (12) coupled by the infamous (11).
Please advise
- in our case he does not have the passport he used to enter uk

Just call them and ask and stop speculating

[marita25]

I appreciate vour comments.

thank vou

[marita25]

My husband has his interview next week. will the eco consider another supporting letter from myself stating it would not be conducive for me and our baby to live in his african country because my child needs constant medical attention , she has eczema and asthma cannot stress how many times i have been to the doctors because of her breathing difficulties and live within proximity to a childrens hospital. do eco accept evidence submitted during interview. will this reason suffice.

[VictoriaS]

Yes, do send this.


Victoria

[marita25]

After a more than thorough evidence folder submitted mainly thanks to this board my husbands spouse visa was refused.

Reasons:
I am not satisfied you meet all the requirements of section 281.

By your own admission you entered uk illegally using an agent. You decided to stay and work for 2 year. Your lack of respect for the immigration rules undermines the credibility of your application and damages your own credibility.?
You stated in interview that you wife visit nigeria in sep 2007 for your marriage but there is no evidence in her passport to confirm this.since your marriage you spent only 1 week with your wife. At the interview you state that you have been married to your sponsor since 2005 you soon changes your mind and said Sep 2007.your lack of consistency coupled with the lack of evidence in her passport for the claimed visit in sep 2007 and no regular contact casts doubt on whether your relationship is subsisting. I am not satisfied you meet the requirements of para 281(iii).
And the human rights In reaching my decision i have taken into account human rights act,i remind myself that this is a qualified right. I am also aware of the fact there is nothing in English law which prohibits the sponsor from travelling to nigeria and enjoying family life in nigeria

Please advise. Am still in shock. My husband provided the evidence i went to Nigeria in May and september with my family members as well. Surely besides passport evidence which we did produce there were also photos and the official marriage cert

[John]

Marita, I have combined your three posts into one ... easier to follow.

Were there indeed inconsistencies in the evidence? For example, the date of marriage? 2005? 2007?

[marita25]

My husband explained we met in 2005 and had our wedding in 2007. We produced evidence that i was in nigeria in may to meet his family with our child and sep for our wedding. The photos for the 3 day wedding ceremony were in clearly labelled envelopes and he did not open bother looking.envelopes still sealed. How he concluded our relationship is not subsisting shocks me. We live with our daughter, we had all bills in both names, my family travelled to nigeria for the marriage registry and wedding ceremony

[John]

Sounds like very good reasons to submit an appeal!

[marita25]

In our case where it seems he was refused under only para281 where obvious errors are apparent e.g i did not visit nigeria and in the same line writes i only spent a week after the marriage before travelling to the Uk. Our child and i spent 2 weeks a week before and a week after the wedding. I had to come back to work!!! He actually contradicts himself bearing in mind 'i did not visit Nigeria'. Is there a review before the appeal hearing which can take ages as this clearly showed the eco's incompetence

[John]

You should contact the ECM .. the Entry Clearance Manager ..... and ask him/her to review the papers, pointing out that there are flaring errors in the determination of the ECO who made the decision. No guarantee that will work, but certainly worth trying.

[Yaounde]

I am sorry to hear about the refusal. Would it be possible to obtain a script of the interview under UK data protection Act? It seems to be inconsistencies between what your husband has said and what the ECO claims. Take John's advice and formulated an email to the ECO manager which I believe is the deputy high commissioner, it is easy to get hold of his/her details from the high commision website.

[marita25]

my husband requested for a review and received this reply:

Dear Sir/Madam,


Thank you for your email.

If you wish to request for a review, you must make sure it is not upto 3 months from the refusal date. You write to the:

Visa Correspondence Unit
British High Commission
Abuja / Nigeria

Addressing the point raised in your refusal notice with upto date documentary evidence to support your letter. It takes a minimum of 10 days to review cases for review.

My question is when we write the letter addressing the points that were overlooked should we post the evidence folder as well as, the evidence folder was returned back to my husband. 2. Should we also add upto date information e.g emails we are sending each other now as part of the evidence folder (proving our r/ship is subsisting) as if we had not included this already!!!. I was under the impression that the review will be under the same circumstances the ECO made his decision on???

Should we address the letter to the ECM Visa Correspondence Unit or just Visa Correspondence Unit as advised.

[VictoriaS]

It doesn't matter how you address it. You can supply new info if you wish, although I am not sure that they are obliged to look at it. You don't need to send documents they have already seen.

Victoria

[marita25]

Thanks Victoria for replying

the problem is the ECO overlooked most of the documents to be honest if you have a chance and can peruse through the refusal letter you will understand why. So if they are not obliged to look at the uptodate information when they have requested that as part of the review how can they make an informed decision. Should we therefore even bother in requesting for a review or just continue with the appeal process.

I am gutted after so much evidence gathered and neatly filed with the assitance from this board the ECO did not even bother to look at half of the documents thus the reason he mentions there was no evidence I visited my husband's country! Preposterous.

[VictoriaS]

Entry Clearance Officers are morons. They are fools. Either that or they are lazy. Or evil. Not sure which.

Victoria

[John]

Victoria, so you don't feel strongly about ECOs then!

[VictoriaS]

Victoria, so you don't feel strongly about ECOs then!

You think that's bad? Want to hear what I think of the BIA??????????



Victoria

[John]

BIA? The same BIA that has as Chief Executive Lin Homer, who I am on first-name terms with, from when she was Chief Executive of Birmingham City Council.

Bet you were pleased to see that BIA has now absorbed UKVisas!

[VictoriaS]

Delighted! REALLY made my day!



Victoria

[SYH]

BIA? The same BIA that has as Chief Executive Lin Homer, who I am on first-name terms with, from when she was Chief Executive of Birmingham City Council.

Bet you were pleased to see that BIA has now absorbed UKVisas!

did you tell her the torment, us immigrants go through with the application process sometimes??

[avjones]

Entry Clearance Officers are morons. They are fools. Either that or they are lazy. Or evil. Not sure which.

Victoria

Victoria - don't sit on the fence. What do you really think?

[marita25]

I will be going to Nigeria with our child for Christmas. I really miss him and will spend 2 weeks with him. Gosh the tickets were over £1300 considering it was on a short notice(my husband was refused his visa on 30th of Nov)

Could someone please advise if I should include I went to Nigeria to spend Christmas and New Year with him and our child as part of the review evidence proving our relationship is subsisting or they would argue that well if I can go and visit as I please I could go and live there or maintain a distant relationship. Please advise we will be submitting the review letter on Monday and would like to know if a copy of my passport and airline tickets will be necessary or it will only backfire.

[impactcrew]

Marita i would certinly include that in yr application and keep the tickets/borading passes as proof of this visit even though u might not need it. But i suppose everything is a help at the end of the day and have a good time!

[Wanderer]

Entry Clearance Officers are morons. They are fools. Either that or they are lazy. Or evil. Not sure which.

Victoria

My gf tells me the ones at the Ekaterinburg consulate are 'duraki' - Dom Durakov she says, House of Idiots....

She speaks the best English of any foreigner I ever met or saw on telly even - and I'm not just saying that, we were friends before lovers...

The ECO at Eburg, poncey British guy insisted in the interview being conducted in Russian, via an especially bad local Russian/English interpreter. So we had the strange scene of ECO speaking in English to the interpretor, which my gf understond perfectly, being relayed wrongly to my gf.

Not only that her answers where translated wrongly too with misleading remarks.

Of course she corrected her which didn't go down too well but u can see how the scenario can cause a major difference between what the ECO writes down and what the applicant actually said.

[hmm]

Reasons:

By your own admission you entered uk illegally using an agent. You decided to stay and work for 2 year. Your lack of respect for the immigration rules undermines the credibility of your application and damages your own credibility.?
You stated in interview that you wife visit nigeria in sep 2007 for your marriage but there is no evidence in her passport to confirm this.since your marriage you spent only 1 week with your wife. At the interview you state that you have been married to your sponsor since 2005 you soon changes your mind and said Sep 2007.your lack of consistency coupled with the lack of evidence in her passport for the claimed visit in sep 2007 and no regular contact casts doubt on whether your relationship is subsisting. I am not satisfied you meet the requirements of para 281(iii).
And the human rights In reaching my decision i have taken into account human rights act,i remind myself that this is a qualified right. I am also aware of the fact there is nothing in English law which prohibits the sponsor from travelling to nigeria and enjoying family life in nigeria

Dear Marita25,
isn't there no stamp in your passport as an evidence that you went over there??
can you not ask for the interview notes? was his interview recorded?
I would include the copies of your air line tickets etc. you've nothing to loose by too many evidence.

Include a lettersign by both of you pointing out the followings....
1. Applogise for the previous illegal entry and say wouldn't do that ever again
2. Why you and the child do NOT (or cannot) want to settle in Nigeria with him. are you nigerian your self??may be political situation is bad there or not safe enough for foreign nationals to settle there , you have a child together who was born and used to the life in uk and won't be easy for the child to settle back there...may be mention few problems, if any, the child had while he/she was on holiday there, you've close family and friends here whereas no one in nigeria, are you working? is yourchild goes to school/nursary? mention those and say your lifeis really here.
3. The reasons for you and your child to stay over therewith him now. your work commitments or child's school. etc. difficult to travel over there often with a child.
4. reason why you only stayed for a short periodafter the wedding.
5. if he really gave 2 different year your wedding....the reasons why he said that . obviously a mistake. nervous??had a bad day that day. misunderstood/language barrier??
6. Emphasize that he already made uk as his home and so settled here before he left. may be you are in a process to buying a property or setting up a businessa but on hold bcoz he is away. he has a job offer that he needs to be here as soons as..

I would address the letter to ECO manager.
are you doing it your self or have a legal representative?
how long usually take for them to make a decision? know anyone had the same experience?

Good luck.