Uncle refused visa. Appeal under way, but help needed please

[muser]

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

[Chess]

Please post your review submission so that we can provide comments.

In general; your uncle msut prove that he has "sufficient" (read VERY STRONG) Family; Social and economic ties to Nigeria and will return after his holiday

[Kayalami]

muser,

As per comments above by my fellow moderator Chess what would motivate your uncle's return to Nigeria post his UK visit? IMHO the chances of a successful appeal are next to nil given that the refusal is on a subjective ground of the rules i.e. it is very difficult to overcome without demonstrating significant afore mentioned socio-economic ties. Likewise the length to appeal hearing may make it more appropriate to submit a fresh application when your uncle better meets the rules i.e. it may be a false hope. In any case I wish you good luck.

[muser]

Thanks for your replies. My submission would centre on the following points -

(1) The issue of him unable to afford the holiday here is baseless because I am offering to finance it and I can prove that I am able to (financially and accomodation-wise)

(2) He has a wife and a 6 year old daughter. He also has his 80+ yr old mother (my grandmother) who is dependent him. His family ties to Nigeria is much stronger than any need for him to stay in london.

In light of your comments, I have no idea how to prove that he will return home after his holiday but I KNOW that he will return. I doubt whether they will accept my guarantee - after all I am but an ordinary man.

He is the only maternal relative (apart from my grandma) that I am close to. Both my parents have passed away 10 and 8 years ago. He doesn't have any relative or friend here because all his life and living are back in Nigeria.

I appreciate your comments and would welcome any further addition.

Regards.

[Chess]

Your Uncle appears to have 'good' family ties however economic ties are not that strong.

Visitors immigration visas are base on a very subjective issue - of "ability to return" which is not easy to prove

[muser]

Hi All,

I sent my submission in support of the appeal as I had planned and a reply was received two days ago.

The judge's reply began by summarising the history of the case. The most relevant of it that I can post on this forum is as follows -

"In this case the burden of proof is on the Appellant and the standard of proof is on the balance of probabilities

I have carefully considered all the evidence that is before me in this case.

...I am satisfied that the Appellant and the sponsor are related as claimed...It seems to me that there is nothing to suggest that this Appellant intends to remain in the UK....The ECO has not questioned the ability of the Appellant to maintain and accommodate himself in the UK without recourse to public funds or taking employment and it seems to me that there is nothing in the Appellant's application to indicate that he intends anything other than a short family visit.

Looking at all the circumstances of this case I do not agree with the decision of the ECO.

I am satisfied that on the balance of probabilities the Appellant intends only a short visit and to leave the UK at the end of it.

DECISION

The appeal is allowed."


I know the decision is for us but I don't entirely understands the full meaning here and what the next steps are. Could someone please shed some light on what we need to do now?

Thanks once again.

--muser

[John]

Congratulations! Good that the appeal was allowed!

I don't entirely understands the full meaning here and what the next steps are.

Exactly what is it you don't understand?

Next steps? It is legally possible for IND to appeal further. They will need to decide about that quickly. If they don't appeal further then your Uncle should contact the British Mission who initially rejected the decision and ask them what arrangements should be made for his EC to be put into his passport.

[muser]

Thanks for your reply. I suppose I didn't understand the interpretation of the legal speak "The appeal is allowed". I wasn't sure whether it meant -

(1) The judge disagreed with the ECO's decision but please contact the latter who still may /may not refuse to grant the visa

(2) The appeal is allowed. You may now proceed with the next legal step (?) / or application.

Basically, I was expecting the response to be either "Appeal successful, go collect your visa" or "Appeal denied" - something in plain english. I think you can tell that my real name is OrdinaryJoe Layman.

Your advice about contacting the British High Commission (and what to ask them for) points us to the way forward.

I thank everyone who replied to my posts - I really appreciate your advice. Your responses provided me with a guide on what to form my appeal submission.

I will now contact my Uncle and give him the good news.

Kind Regards.

[John]

I think, in a sense neither of your 1 or 2. Maybe better is :-

The judge disagreed with the ECO's decision. The appeal is allowed. But IND now have a legal right to appeal further, but if they don't do that, the EC will definitely be issued.

They could not just say "Appeal successful, go collect your visa" because of IND's right to appeal further. IND will now review the papers to see if they think there is any ground for them to appeal further. However in most cases they do not appeal, and thus the EC ends up being issued.

The appeal finding is clearly a very good outcome.

[yodiyokun]

This is good news for some of us with appeals pending.
How come his appeal was decided so fast thats just 3 months
can i safely assume i will get a result to my appeal next month?

Im tired of waiting endlessly..........aaaarggh

[muser]

Sorry for the delay in getting back to you.

Yes I would think that your results should be out soon if the duration of ours is a good indication of their overall practice. My uncle told me this week that he had only just received his copy of the appeal. So I would suggest that the delay is about 3 weeks to despatch the appeal decision to Nigeria.

All I would suggest is the obvious waiting game. I truly wish you all the best.

Regards,
muser

[muser]

Hi All,

I wanted to update you on a new development.

My uncle was contacted by an official from the British HC in Lagos. He has been asked to come for an interview next week. The lady who phoned asked him to bring all the documents that he used as part of his application and some evidence of the funds that he will use to finance his trip.

To me, this doesn't fit into the pattern of expected response that we were awaiting from them. It seems like they are still looking to find a reason not to issue the visa. We had thought that since they haven't appealed again the London ruling, the next course would be for them to issue the EC.

Maybe I am just mis-reading the situation. What do you guys think?

[John]

It seems like they are still looking to find a reason not to issue the visa.

No, I think that is too negative an interpretation. At the very least I think it sounds neutral.

But in fact is the way they are looking at the application again means could actually be a very positive sign! Maybe the Manager at the visa section has had a look and considers at least a further look is justified.

[yodiyokun]

But john, After an appeal is allowed.... isnt the BHC supposed to just issue the visa straight if they dont have any problems with the appellate authorities decision. Why should they request a nother interview at this stage. shouldnt the EC manager have had a review long before now??? Its sounds funny to me.
So now the documents the applicant will be presenting will have to be fresh documents. Not documents he submitted last year especially his bank statement and details of employment.

John , if you can please shed more light on this.

[muser]

My uncle was asked to bring all the documents that he used to apply. They are not asking for anything new. The only annoying thing is that they asked him to bring proof of the funds he will use to finance the trip (as I stated in my earlier post). To which I have furnished yet another letter declaring that I will sponsor him.