Pregnant lady needs help with appeal!!

[vicster]

Hello I am a UK citizen who has just come back to the UK permanently from living in North Cyprus where I met and married my Nigerian husband. I am now 5 months pregnant. Apologies for the length and complexity of this post but please bear with me – I really need help!

We applied for a spouse visa for him (in N Cyp) but this was refused on 3 points:

• we didn't provide enough proof of our relationship or convince them that we were intending to live together permanently

Because my husband is a mature student in N Cyp he has to stay there until Jan 2010 to finish his final exams so we always intended that he would join me permanently in the UK immediately after these exams in time for the birth of our child in Feb 2010. We applied for the spouse visa early (end Aug 2009) so that he could come to the UK with me for a holiday before his studies resumed so that he could start looking for employment, look at accommodation and meet my friends and family.

However, the fact that he would then return to N Cyp to finish his studies seems to have caused doubt over whether we intend to live together permanently.

Another reason why they may doubt our solidity as a couple is that we were unable to provide joint tenancy agreements or household bills because in N Cyp I had no contract with my landlord and paid all my bills directly to her because of the language barrier. We did provide photographs of us during our relationship but this was obviously not enough.

• we didn't convince them that we would have adequate accommodation in the UK

We enclosed a letter from my mother inviting us to stay in her 3 bedroom house until we could find a flat to rent but this was clearly not enough. Now I am back in the UK finding and paying for accommodation is my main priority luckily I have savings and am able to pay for 6 months’ rent in advance.

• we didn't convince them that we would be able to support ourselves without resorting to public funds

Clearly, as a student my husbands’ finances are dire and he is legally unable to work on his student visa in N Cyp. His elder sister is sponsoring him whilst at university and we proved this by providing Western Union money transfer receipts. I provided my previous 6 months payslips from my job as an English Teacher at a university but my employment contract had expired shortly before we applied for the visa and I did not wish to renew it as I knew I was relocating to the UK.I did provide a printout of my internet savings account (showing 13K) and thought this would be enough but they said it was not an original copy and was therefore unsatisfactory. Clearly they are unaware that internet bank accounts do not send statements by post and anyway the post from UK to N Cyp is notoriously unreliable due to the Turkish/Greek problem so I would have been unable to provide any original documentation for my account.

Our plan is that I will lodge the appeal here in the UK but I am very worried about the length of time it would take to get a hearing – 29 weeks according to the appeal process map on the AIT website. Clearly this would mean my husband would not be with me for the birth of our child – a very distressing possibility indeed.

Therefore I really need to make our appeal as watertight as possible so that when the AIT send it back to the ECO in N Cyp for review the decision is overturned and we can avoid a hearing altogether.

My plan is to write a letter answering all the points raised in the Notice of Refusal and send the following evidence:

• Rent and pay for a flat for 6 months up front in both our names (hopefully this will be enough to convince them that we intend to live together permanently).

• Ask my mother to write a letter guaranteeing that if my husband is unable to find a job she will support us financially until he does (she can provide bank statements to prove she is capable of doing this).

• I am going to sign up with employment agencies and start doing temporary teaching/secretarial work to prove that I am capable of earning a wage (although this will not be enough to support 2 adults and a baby) but hey it shows willing! I will also provide a copy of my CV so that they will see I have an excellent work history (I am 38) and do not need to rely on benefits.

• Provide as many witness statements as possible from friends and relatives stating that we are a genuine couple intending to live together permanently.

I think our real problem will be convincing them that my husband is very hardworking and desperately keen to work and provide for his family but how can I provide evidence of this? Unfortunately he is only 22 so we are not able to provide a full work history for him but he is studying for a degree in Construction Technology so maybe I could at least get a letter from an agency saying he would be able to get work as a labourer?

Any suggestions or advice would be greatly appreciated …

Thanks so much,

Vicky

[joe777]

• Ask my mother to write a letter guaranteeing that if my husband is unable to find a job she will support us financially until he does (she can provide bank statements to prove she is capable of doing this).

3rd party financial support is not allowed, thou it could be possible that your mother could support your accommodation by you living with her.

[batleykhan]

Our plan is that I will lodge the appeal here in the UK but I am very worried about the length of time it would take to get a hearing – 29 weeks according to the appeal process map on the AIT website. Clearly this would mean my husband would not be with me for the birth of our child – a very distressing possibility indeed.

Remember you have 28days to get your appeal back to the BHC in Cyprus, using the original AIT2 form and refusal Notice given to your husband, otherwise your chances of appealing are gone down the drain.

Therefore I really need to make our appeal as watertight as possible so that when the AIT send it back to the ECO in N Cyp for review the decision is overturned and we can avoid a hearing altogether.

Yes, otherwise if you are still refused, then I am afraid its a 6+months wait for an appeal hearing.Letter is no good. It must be teh appeal notice that you need to completer pointing out why you disagree with the ECO decision and why you think he is wrong in law to refuse your hubby

My plan is to write a letter answering all the points raised in the Notice of Refusal and send the following evidence:


• Rent and pay for a flat for 6 months up front in both our names (hopefully this will be enough to convince them that we intend to live together permanently).

You dont have to have it in his name( some landlords are reluctant to do this). just in your own name should suffice. It must be in a form of Shorthold Tennancy Agreement for a minimum of 6 months AFTER WHICH IT CAN BE RENEWED.

If you want , you dont need rent a property to prove this point. Your mum if she is willing to accomaddate you and there is enough space in the house should suffice. All you will need to do is get your mum to write you a letter that both you and your hubby can stay rent free untill such time you get your accomadation


• Ask my mother to write a letter guaranteeing that if my husband is unable to find a job she will support us financially until he does (she can provide bank statements to prove she is capable of doing this).

This I am afraid is not allowed. Dont even mention about seeking financial help from your mother.

• I am going to sign up with employment agencies and start doing temporary teaching/secretarial work to prove that I am capable of earning a wage (although this will not be enough to support 2 adults and a baby) but hey it shows willing! I will also provide a copy of my CV so that they will see I have an excellent work history (I am 3Cool and do not need to rely on benefits.

That would be helpful, but I still have my doubts as to whether they will aceept this or not. You really need to be in full time employment and earning a decent wage as well as having a small saving would be very helpful

• Provide as many witness statements as possible from friends and relatives stating that we are a genuine couple intending to live together permanently.

Again this would be helpful to prove that your relationship is genuine and lasting. The ECO tend to doubt the validity of the marriage and relationship of a young white English women, marrying an Asian or African. I know its not right, but they are what you call "bogus marriages" or marriage of convieniance taking places

I think our real problem will be convincing them that my husband is very hardworking and desperately keen to work and provide for his family but how can I provide evidence of this? Unfortunately he is only 22 so we are not able to provide a full work history for him but he is studying for a degree in Construction Technology so maybe I could at least get a letter from an agency saying he would be able to get work as a labourer?

Again you need to be careful about using the words " hardworking and keen to work". It might wrongfully be interpreted that he he has only got married to get to this country and work and earn money.

I also dont think this is the real problem, your real problem is trying to convince that your marriage is genuine and lasting and that you can support . maintain and acommodate your hubby without recourse to public funds[/i]

I hope I have given you some ideas or suggestions to think about. Remember time is of the essence, so you need to get things done fast

Good luck Vicky. sorry can advise you further as this is my last post for some 2 weeks

[frances2]

Hi
Your case sounds complicated, particularly due to the fact you're pregnant and you will definatley need him here when you have the baby.

You have 2 options, one to lodge an appeal or to reapply.

If I were you I'd lodge the appeal in the first instance. This doesn't cost anything, but you need to act quick and supply the documents as evidence with the appeal form.

However whilst awaiting appeal there is nothing to stop you from reapplying, but obviously you'll have to pay again.

You need to supply details of how you met and formed a relationship and over what period of time, with evidence to substantiate this. Photographs with dates from a digital camera would be good. You need to provide details of your employment while in Cyprus and as much info about his studies as you can, showing when his final exams are etc.

I think you need to get a full time job so you can provide a contract of employment, this shouldn't be too difficult for a teacher, plus your salary would be more than enough for the purposes of a visa. I realise you're pregnant, but that is not a reason for employers not to employ. Plus you need to think about how you will support yourself when on maternity leave. You also need to provide details of you pregnancy.

Transfer your money to an account form which you can get paper statements. Prove that your living with your mother adn that you are contibuting to the council tax. Your mother will need to prove ahe owns the house and show her mortgage statments together with saying you and husband can live there rent free.

Provide deatils of your wedding, photos etc if you can.

Whilst you are apart save all you phone bills and calling cards. Send each other lots of emails and print them off.

You have to address each point they've raised and more thatn prove that their doubts are wrong.

Good luck.

[prettypolitical]

HIe Vicky,

I would submit everything back to the BHC, but make sure you nail everything that they have refused you on.

I never lived with my hubby before I married him in his home country.

I submitted photos of us although not lots

I submitted letters from friend and family supported by photocopies of their ID to verify who they are.

Marriage cert

Tenancy agreement with my name only

Bank Statements

Wage Slips

Cards from both of us

Receipts for all our wedding arrangements

Phone cards (dont think that will apply to you)

E-mails

Anything no matter how small you think it is, put it in!!!


Dont give up!!!.....if you prepare...you will suceed!!!

You are welcome to have a look through my posts and see if you can get any ideas!!!...if you need any more help just shout!

[vicster]

So kind of you all to take the time to read through the whole saga and give me your advice. Can't tell you how much I appreciate it.

Am in the process of getting all the paperwork together (may take a while) but will probably have a panic near submission date and ask for more advice then!