sorry,posted it on wrong forum! MERRY CHRISTMAS ALL

[xhesika]

hi all wondered if you could give me some info asap
as you probably know my husband was tols his interview date for a settlement visa would be arranged by phone which all he got by phone was a rude english woman from emb talking to him in greek refusing to speak english and inform him of anything_she said is that the correct address and that the papers would be delliverd by courier and she refused to say anthing else.
ok that was 2 weeks ago! thought courier service takes up 2 three days????? wel hubby called emb sayin where are the papers and they said they dont have any record of sending them so sahe went and had a look and said he had to arrange the service himself,
ive been in hospital for the last week with a stroke,my hubby has been in hospital for two weeks as he had knee op but the thing is,we will both be in hospital over christmas and new year without any idea of what the papers could be or when they will be delivered!!! thought the embassy speeded things up for compassionate circumstances? is me in hospital with supposedly life threatening illness(i dont care bout bein ill but docs seem to) not enough for them to speed up?
my mum thinking of getting mp involved but how can we do that unless we know what the outcome or papers are???? PLEASE any advice asap as i only have computer for 20 mins then im back on the ward!

THANKYOU ALL AND HAVE A GOoD CHRISTMAS.EVEN THOUGH WE CANT BE WITH OUR LOVED ONES AT LEAST WE HAVE THEM IN OUR HEARTS AND ONE DAY WE WILL BE TOGETHER NOMATTER HOW MUCH THE IMMIGRATION SYSTEM LETS US DOWN.

xx

[kg1983]

Sorry to hear about your situation. You can get your MP involved and he can write to the home office and/or embassy to speed up the process and outline your current situation. MP letters are always useful in my view. Sorry this is all I can help with but others may possibly have other ideas.

[xhesika]

hi again
I HAVE GOT JUST ONE QUESTION I WANT ANSWERING:today THE POST FINALLY CAME!my husband recieved the original papers and his passport which he submitted with his spouse visa application, theres no letter from embassy in there,absolutely nothing,just our original documents.
What is the embassys idea? no email replies from them,they dont answer the phone,i'm not even allowed inside the embassy for enquiries,nothing!

IS THERE AN EXPLANATION FOR THESE DOCUMENTS? or do we just take it that hes been refused ( but without a refusal letter! )

I know to many of you my case is 'complicated' but to me its just heartaches constantly,i just need some advice as where i live there is no such thing as an immigration lawyer or solicitor etc and it seems like a good site to come on for info so i thought id give it a try,pleASE HELP

[SYH]

hi again
I HAVE GOT JUST ONE QUESTION I WANT ANSWERING:today THE POST FINALLY CAME!...

do not double post

[vinny]

Do check every page of the passport to make sure that there is no Entry clearance.

If he has been refused, then there should be a letter giving notice and reasons of the refusal plus information on how to appeal. Additionally, they may have stamped the last page of his passport with the Embassy's name, date and reference number of the application, with a line drawn through it.

[xhesika]

thanks yes he has one small stamp at the back saying uk athens and a date 10/12/07 with a line through it but no letter or anything the embassy seem to be uneducated in correspondance!


do you know if this means refusal does he have right of appeal?

AND SORRY FOR MY OTHER DOUBLE POST,I ALREADY APOLOGISED FOR IT ON THE TOPIC!

[vinny]

Yes. Spouse visa settlement applications attract the full right of appeal. Moreover, they should have included a written notice of the refusal.

[xhesika]

thankyou for your reply, youre the first! does this small stamp with line through it definately mean refusal?

[sashank]

thankyou for your reply, youre the first! does this small stamp with line through it definately mean refusal?

It is unfortunately as per my experience.

[xhesika]

Yes. Spouse visa settlement applications attract the full right of appeal. Moreover, they should have included a written notice of the refusal.

i just received an email from ecm, yes my husband been refused,has limited right of appeal,what happened to the full bit????

i just wanna die,so many people f#####g up so many innocent peoples lives.......................this is not the first time he has been refused twice before he was refused one for visit 4 my sisters funeral 3yrs ago, another for family visit for a memorial service 2 yrs ago.

the email i recieved said the refusal form was included which clearly it was not,it states section 84(1)( A )( B ) and ( C )of the Nationality, Immigration and Asylum Act 2002 on the email section but they cannot disclose why he was refused.

This Year just gets better and better,i know this year starts as it means to go on. we just want to be together.

[VictoriaS]

You need to post exactly what was said in the e-mail.

Victoria

[xhesika]

ok here is the email i recieved,please note MY HUSBAND NEVER RECIEVED THE REFUSAL FORM!

Dear Ms ########,

Thank you once again for your e-mail. I apologise again also for not replying to your original query sooner. I have now spoken with my colleagues in Athens.

I have been assured by my colleagues that a refusal notice was included in the package which was sent to your husband from the Embassy in Athens. The Refusal notice is very detailed and provides full reasons why a visa was not issued on this occasion. I am not permitted to reveal to you the reasons for the refusal. Only your husband has the authority to reveal this information to you.

One of the grounds for refusal was a mandatory ground under the UK Immigration Rules. This means that your husband's refusal attracts a limited right of appeal.

His appeal rights are limited to any or all of the grounds referred to in section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002 namely:



(b) that the decision is unlawful by virtue of section 19B of the Race Relations Act 1976 (c. 74) (discrimination by public authorities); and/or
(c) that the decision is unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant's Convention rights.

Where an applicant is granted a limited right of appeal, the case must be reviewed by a more senior officer to the decision maker, within 24 hours. At the time of the refusal, I was visiting our Embassy in Tallinn. But I can confirm that a copy of the refusal notice and pertinent documents were e-mailed to me there. I conducted a full review of the case on 5 December 2007. I have done so again today in light of your representations, however I remain satisfied that the decision taken was correct and in acordance with the UK Immigration Rules.

As stated above, your husband may appeal if he believes that either of the above two paragraphs (b) and (c) apply. He is also free to re-apply at any time. While I can assure you that the fact he has been refused on this occasion will not prejudice any future application he chooses to make, he should ensure that he has addressed all the concerns as laid down in the refusal notice by the Entry Clearance Officer, before proceeding.

I am sorry I could not provide a more positive response.

Yours sincerely,

[name removed]

[vinny]

Your husband should request another copy of the refusal notice.

[xhesika]

ok...................thanks................think that is difficult as my husband can never get through to the embassy! have already emailed them and said he hadnt got the refusal letter in with the papers,and that was the reply i got so i guess i just hit another dead end................not unusual in this system! my husband and i were both in tears today whilst speaking on the phone,it is really ridiculous that they have refused him.............. the email said he(ecm) recieved the case 5th dec,my husbands passport has that small stamp dated:10/12/07 he only recieved his documents 3days ago,now must wait for new refusal form,knowing the embassy,this could take weeks,so what happens about the appeal? what is the time limit on applications for appeal ( 28days after stamp date on passport?) and where will it be held > > uk or greece?
am going to see facial equality tomoro to see if they can help me and also think its good idea to get mp and petitions involved! yes or no?

[vinny]

See also 26.6 - Applications which, if refused, do not have a full right of appeal (GV51(LRA)) and 26.8 - Applications which have, if refused, a full right of appeal.

See also Guidance - Appeals (INF 19) and Chapter 27 - Appeals.

Appeals are held in the UK and there is a time limit. However, the major problem is the missing notice of refusal! Can your husband double-check carefully the documents that he received back?

[xhesika]

he has already checked about 20 times,he got his brother,his sister-in-law and their friend (none of them to my knowledge are blind,so a big white lie from ecm i think!) to search through it too incase he had lost the plot or simply missed it and there was no refusal letter inside no seriously no refusal inside,yet another one of lifes mysteries!

i have read through all the immigration bits and pieces on various websites but to me theyre not in simple english (its all government talk,not one of my daily languages im afraid) simple english is only thing i can comprehend at this minute,in any case i cant think straight,its 3.10am,can you please just tell me instead of the links? ?

and am i reading right? it takes 26 weeks in total for the appeal to have been read,granted or refused,then sent to whoever else it is who tells us the good/bad news then probably half way round the world on foot too by the time 26weeks is up!?

[VictoriaS]

Get your husband to e-mail them.


Victoria

[xhesika]

i have emailed them he has emailed them, i have rang them, he has rang them! thankyou for your replies though

[VictoriaS]

Then complain via the UK Visas website and your MP.

Victoria

[xhesika]

i wil pm you