Hi John, Sakura, Victoria please help

[marita25]

will be travelling next week, my husband will be writing a letter highlighting the points the visa was refused. Thank you all including hmm for some points you have kindly advised.
Could someone advise if he should include a copy of our tickets for travel next week for Christmas with our daughter as part of the review/reconsideration process. (Remember their argument is our relationship is not subsisting).

Please bear in mind we have also lodged an appeal we are not putting all our eggs in one basket.

[sakura]

will be travelling next week, my husband will be writing a letter highlighting the points the visa was refused. Thank you all including hmm for some points you have kindly advised.
Could someone advise if he should include a copy of our tickets for travel next week for Christmas with our daughter as part of the review/reconsideration process. (Remember their argument is our relationship is not subsisting).

Please bear in mind we have also lodged an appeal we are not putting all our eggs in one basket.

Remember to get a visa as a British national. Is your child eligible for Nigerian citizenship (or might that complicate things?)?

[marita25]

Can anyone with experience please advise how you construct an opening statement addressing the issue of previous illegality in the UK and expressing
remorse.
How would you address the issue of ' a lack of respect for immigration rules damages your own credibility which ultimately leads me to doubt your intention to abide by any leave granted', bearing in mind at least he is back in his country. My spouse is trying to construct a letter to the ECM. Please advise

[marita25]

I have just been wondering, since the eco refused on the basis our relationship is not subsisting and not on Rule (320) , though no doubt his decision was influenced by my husband's illegal status, does this mean the ECM at post or Judge at appeal will base their decision to overturn or uphold the ECO's decision on those grounds stipulated by the ECO only.

I appreciate all your comments. Will be travelling to Nigeria tomorrow with our daughter. Merry Xmas to all!!!

[marita25]

My husband was refused spouse visa 0n 30 Nov and our solicitor requested for reconsideration highlighting the points for refusal in our case our r/ship is not subsisting as the ECO advised he did not see any evidence of my travelling to my husband's country to get married even though there was clear endorsement in my passport. The request for reconsideration was made on the 7th of Dec.However my husband submitted his documents again along with the upto date evidence(emails showing constant correspondence from the time I left Nigeria in Sep) before the Christmas period and upon tracking through UPS the documents were received at Post on 27th of Dec. Between this period after the 7th of Dec to 27th of Dec the High Commission did not contact my husband to resubmit his documents but we assumed they may need to see all the documents again to review.

Could someone please advise would they ECM/ECO have already reviewed based on my solicitors email sent on 7 Dec or they would review based on the submission of all the documents and extras which they received on the 27th of Dec.

[hmm]

heard anythingfrom ECO?
May be you can leae it for month or two and re-apply, a fresh application.

[marita25]

I have received a copy of the letter from the AIT to advise they have requested for the ECO to respond to the appeal we lodged on 11 Dec 2007. They have given the 14 May 2008 for the ECO to respond!!! before a hearing date can be scheduled.

In the meantime we also received a reply to our email from POST advising they have a backlog of cases for review and my husband's case has therfore not been reviewed. They will contact my husband once his case has been reviewed by the ECM.

[marita25]

A big thank you to this board for all your advice. My husbands spouse visa was granted today. The ECM overturned the original ECO's decision. These past 4 months have been torture but am glad the waiting is finally over. My husband had entered UK illegally and we feared for the worst but we thank God all is well now. Thank you all!!!

[eliasuk4u]

maritia25, Congrats.

[Patience]

Congrats Marita.

The ECO was silly.He/She threw the wrong articles at your case.He would have stood a better chance if he used 320 as you were expecting.Instead he used 281 and you had enough evidence to prove otherwise.

Good move and take great care!

[vinny]

Discretionary grounds for refusal are set out in paragraph 320 (8 )-(21). Entry clearance should normally be refused in the following circumstances:

.....

However, if an ECO is satisfied that any of the above grounds are not met, they should not refuse solely on this alone. They should consider the application under the category of Entry clearance applied for and if not satisfied that the Immigration Rules are met they should refuse Entry Clearance, citing the reasons why the applicant has not satisfied the criteria and also include the relevant general paragraphs in the notice of decision. If you only refuse under Paragraph 320 and the appeal is allowed, you cannot then consider the substantive application and entry clearance will have to be issued.

[John]

Marita, that is great news! Have a long an happy life together in the UK.