Post
by muser » Sun Oct 30, 2005 1:25 am
Hi All,
I am trying to sponsor my uncle who lives in Nigeria. However his application was refused on the following grounds -
(1) The British High Commission felt that his income was not sufficient (He earns the equivalent of £122 a month working for a local rural bank)
(2) He listed me as a cousin rather than as his nephew, on his application form (a gross error of judgement). The BHC felt that this discrepancy was a significant anomaly which gave reason to doubt the credibility of our relationship.
(3) On a question to "How much is available to you for your stay?", my uncle put £500. The BHC misinterpreted this as the amount that I would be financing him with, whereas this was actually his own savings money
The refusal letter quoted the following for all three "..not satisfied that you are genuinely seeking entry to the UK as a visitor for a period not exceeding 6 months as required by rule 41(i) of HC395 and intend to leave....as required by [the same rule]"
I should have mentioned that shortly after my uncle submitted his application, an official from the BHC in Lagos, Nigeria phoned me and questioned me generally about the application. I was asked about his (my uncle's) age, his wife, child, job, reason for wanting to visit, our relationship, the names of his parents. To be honest, I was not expecting a phone call from them but answered all. It was during this time that I mentioned that he was uncle which he truly is! I have known him since I was a toddler.
What was puzzling to me about the reasons for refusal was I that I had sent a letter (which was part of the application ) that I would totally finance the trip.
I am a Nigerian national with ILR, married to a British citizen (3years). I have been in the UK for 16 years and earning a decent wage as a Software Engineer. In addition, I own my home and could easily accomodate my uncle for a month's visit. I have not been to Nigeria since coming to the UK, so haven't since my uncle since. Also, my parents have passed away.
My uncle has since appealed and I have just received a letter from the AIT inviting me to send in a written submission within 4 weeks.
Could you please advise on how I can best tackle this. From a brief research that I have done, legal representation will cost £500 + consulation fee and VAT. I do not think it justifiable to spend such an amount on a solicitor when the outcome is not guaranteed. Notwithstanding, I would rather send the amount to help my poor uncle.
I have decided to send in my submission without legal advice. Could you please please help review and send in your advice?
Thanks