Settlement Visa from Ecuador

[carlabeach]

first of all thank you very much about all the information in this forum, TODAY i finish all my application to submit to the ECO.
i been nearly three years back in Ecuador and i been checking this forum too.
when i decided to come back from england i didnt know that i need so much papers to apply for a setlement visa (very naive) and i take bad adviced from everyone back in the UK.
So for diferent circumstances i am ready to apply now.
in this three years been a lot of changes in inmigration rules so i have to make ready all this changes for my aplication.
on sunday i fill the application form on line and pay the fee $1224 .
Monday i pay again to the Mobile Biometric Clinic so they can take my finger prints and photography. $199
Thursday i been in embassy office they check my papers, take my photo and fingerprints. The lady in there put all my documents in an envelope and sent me to DHL or FEDEX to post and i pay aroud $100 to the embassy in America.
So from today i will be waiting for a mail with an answer and I will post about any news.
GOOD LUCK to my application !!!

[carlabeach]

Dear Applicant

Your UK visa application has arrived safely at the UK Border Agency, New York and is currently being processed.

Please note UKBA service standards for all applications are: to complete 90 per cent of visa applications (except settlement categories) in not more than three weeks, 98 per cent in six weeks and 100 per cent in 12 weeks.

The current estimated processing time in New York for UK visa applications is 10 - 15 working days plus return mail time, however in certain cases it is necessary to make additional enquiries on an application which will extend the processing time.

You will receive a further e-mail advising you of the outcome of your application in due course. This e-mail will also provide you with details of your return package.

We are unable to respond to status enquiries. Further information on UK visa services is available at www.visainfoservices.com

Regards

UK Border Agency, New York

[carlabeach]

Dear Applicant


We regret to inform you that after careful consideration against the immigration rules, your UK visa application has been unsuccessful.

Your passport, any original supporting documents and an explanatory notice will shortly be shipped back to you via FED EX: 87xxxxxxxxxxx
The notice will explain why your application was refused and will also include any information on your appeal rights.


Regards

UK Border Agency, New York

[carlabeach]

well i havent nothing to explain, the emails says all.
i am waiting for my fedex post and i will post details. But i do belive something is wrong because why the answer so quick ? not even the tourist visa take such a short time i dont understand why i am not upset maybe because i was waiting for a reply in March !!

[carlabeach]

I am still living a nightmare, Uk embassy post my paper January 19, TODAY is 31 and i don not have them back. Uk embassy in NY post them without declare to customs that there is only papers. Customs call me to ask me to declare what is inside the parcel, but i didnt post the parcel so i can not sign what is inside (of course i have an idea that what is inside) and they charge me a penalty of $135. So i wrote to uk border and they answer :

Dear Applicant,

Thank you for contacting WorldBridge Service, The UK Border Agency's Commercial Partner. We appreciate your patience regarding the response to your enquiry, as WorldBridge strives to provide the most accurate responses to all enquiries. Below you will find the response to that enquiry.

WorldBridge Service has contacted the visa section on your behalf and received the following response that they are looking into this issue. FedEx should not require any further funds as postage was paid by you prior to it being shipped. They have called FedEx who state that they require commercial paperwork from you. FedEx do not require any further funds and you should not pay any further charges. You need to contact your local FedEx office to complete the paperwork they require and no funds need to be paid.

I phone the consulate here in Ecuador and they say that they can not help me , and to contact to the embassy in NY.

So FEDEX blame the UK embassy and adviced me to declare the parcel like "only documents" and pay the penalty. So i wrote back the UK border and explaint that i am waiting for my documents and that there is my appeal papers, and that i only have 28 day to answer, so my question is 28 day from the moment that i recived the mail or 28 days from the day i recived the parcel ?

and they wrote back :

Dear Sir or Madam,

Thank you for contacting WorldBridge Service, The UK Border Agency’s Commercial Partner. Below you will find the response to your enquiry.


Due to the nature of your request it has been escalated in order to provide you with a complete response.

Please be informed that we understand the importance of your issue and we strive to respond to it as quickly and thoroughly as possible.


Please note that you will not be able to respond to this email. If you have additional questions submit a new enquiry via email free of charge by visiting the WorldBridge website at www.worldbridgeservice.com.

When submitting a new enquiry, please reference the case number from this particular email to ensure thorough processing. Note the case number can be found in the subject line of this email, E.g.: Reply from WorldBridge Service for Case Number :00000xxx.

Thank you again for contacting WorldBridge.

Yours sincerely,

WorldBridge Service

Well i will wait today for an answer from Worldbridge or customs .

[carlabeach]

Dear Carla.



Thank you for your recent messages of which I have received all. I wanted to let you know that we are working on this together with Fed Ex in order to get your package to you. Due to unforeseen difficulties there has been a slight delay. Please bear with me until this is sorted which I anticipate to happen as far as possible today. Please do not under any circumstances pay any other fee regarding this package.



regards

[carlabeach]

well i recived my post last Thursday with my refusal and this is the answer :
i will make it short
THE DECISION :
you have applied to permanently settle in the UK as the spouse of xxxxxxxxx who holds a british passport and is present and settled in the UK. In support of your application, you have provided an original married certificate, original evidence of his employmen, bank statement, original evidence that you have a child together, original tenancy agreement, evidence of constant comunication. In view of the evidence provided, i am satisfied that you meet the requirements of paragraphs 281 iai, ii, iii, iv, v and vi of the inmigration rules.

HOWEVER, on 29 November 2010 the immigration Rules were amended to introduce a new English Language requirement for applicants applying for leave to enter or remain in the UK under Part 8 of the Immigration rules as the spouse of a sponsor who is British or is present and settle in the UK. I note that you submited a certificate from xxxxxxxx stating that you received English lessons at the xxxxxx school of english in London. However, this certificate is not equivalent to a Bachelors degree in the UK and the xxxxxxxxxx is not an English Language test provider approved by the Secretary of State for these purpose wich clearly shows your name and the qualifications obtained .................................
I am therefore satisfied that you do not meet the English Language requirement that is required in line with paragraph 281 iaii, iaiii, iaiv, iav, iavi, ibi, ibii of the immigration rules.

I know, I know i deserve, is all over the forum, my mistake not to take the test, i must be the first person to be refused about this rule.
Honestly I thought that my certificate was ok !!

Well i had the test already ESOL and the results are ready next friday .

[batleykhan]

Wow

This post is amazing. Its had 291 views and 6 posts from the same person

I am sorry to hear about your refusal Carla. I know how frustrated you will be at a simple mistake like that, but take it from you are not alone in doing and thinking this way.

My advise is that you appeal against the decision immediately and state in your appeal notice that you will sit and take the appropiate english test with the approved authority and that you will send your pass certificate as soon as you have obtained it. Hopefully they should hold your appeal in albeit till you have sent them this certificate.

Hopefully on receipt of it, they should grant you the visa without the rigmouror of going through lengthy and expensive appeal procedure.

You have 28 days from date you were refused to get your appeal docs in with the pass certificate to follow in afterwards.

Good luck and keep us informed. At least you know I will be reading your posts

[geriatrix]

This post is amazing. Its had 291 views and 6 posts from the same person

A member sharing his / her experience of "my application", rather than asking questions. So no responses were ever required, I guess!


regards

[carlabeach]

of course i learn from all of you !! i dont have questions

[carlabeach]

I am back with very bad news !!
now I do need help and everybody opinions .

I sent already my appeal with my result from my english test

on Monday and yesterday i received already an answer :

Dear Applicant,
>
>
> Your appeal against your UK visa refusal has been reviewed by an Entry Clearance Manager. The ECM has upheld the visa refusal and is not satisfied that you meet the requirements of the Immigration Rules
>
> Your appeal will now be sent to the Immigration & Asylum First Tier Chamber (IAFT) in the UK for a hearing. Your appeal papers will depart from our office within the next four weeks.
>
> Please be advised that the process at IAFT can take up to six months for a determination to be issued. The IAFT will contact you directly if they require further information and to advise you of the outcome of your appeal.
>

> Should you choose not to proceed with the appeal process at any stage you should fax both the IAFT (011 44 116 249 4130) and the British Consulate New York (212-754-3062) requesting to withdraw your appeal.
>
>
> Kind Regards,
>
> New York Visa Team
> UK Border Agency


So I was so upset and sent a Fax to the embassy they supposed to help you and not for an English certificate sent you to court (I guess is b¡ggest problems)


and they answer this:

Dear Ms xxxxxxxxx,
>
> Thank you for your fax.
>
> We write to advise that as you took your English language test on 29/01/11, after the decision was made to refuse you entry clearance on 19/01/11, this cannot be taken into account when considering your appeal. It is a stipulation of the UK Immigration Rules that we cannot consider evidence which post-dates the refusal.
>
> Please be advised that you are welcome to make a new application following the same procedure as before at www.visa4uk@fco.gov.uk addressing the issues stated in your refusal notice. All new applications will be assessed on their own merit.
>
> Kind regards,
> UK Visa Team, New York


So what to do now ? Go to the appeal for an English test and wait maybe more than 6 months ? Or applied again and spend $1600 more. (I have the feeling that they want me to applied again) But i still believe that i am right and they want to make my life a bit hard Plus i received my refusal notice 3 February 2011 so i took the test before.

[geriatrix]

Did you, while your application was under consideration, inform the British consulate dealing with your application that you were taking the appropriate test to satisfy the English language requirements and request for the application on hold until such time that you are able to provide the test result?? Had you done that, you might have received a different result ... or even if the same as now, evidence of such communication may have helped in your appeal. And if you indeed take this step, I am sure if it will affect on whose favour the judge decides the appeal, even if it has been overlooked / ignored at the local consulate end.

But if you did not inform the BHC to request that your application be held back temporarily, then I don't think an appeal will help .... because even a judge cannot deny the fact that you passed your exam after a decision on your application had already been made. And on the date of the decision made you did not meet the immigration requirements. In such case, IMHO, apply again.


regards

[carlabeach]

Well, sorry to stop to write but I didnt have any news to post . Now I do , I win my appeal !!!!!!!!!!!!!
we received a letter on the 19 on May (by the way my bday) , Well my husband received.
I do know what is next step to follow , but Is such a great news !!!
And I have to say, thank you all , every post help me .

[batleykhan]

Congratulation on your success at last.

You must be a very relieved person having gone through this traumatic experience.

Th next step is that providing the Home Office don't appeal against the adjudicators decision( which they rarely do)then your should receive notification from the post where you applied asking you to bring in your passport for the visa to be stamped. This can take 2-3 weeks(maybe slightly more).

Once your visa is stamped in your passport, you are free to join your hubby and enjoy life

[SoHopeful]

CONGRATS
Glad things worked out for you in the end!

[carlabeach]

This is a joke everything is a joke !!
Home Office is going to appeal agains the decition
What a waist of money and time for them !! There is all peoples taxes !!

[batleykhan]

Oh No

What grounds are they appealing under. There must have been a serious error by the Adjudicator.

[carlabeach]

We only received a letter saying that the responder ask for permision to appeal to the upper tribunal .
And that we will received a writing notice .
upper tribunal for a date in a certificate ? Well lets wait to see in which grounds they want to appel .

[geriatrix]

Well lets wait to see in which grounds they want to appel .

That you passed the English language exam only after a decision on your application had already been made. That is, on the day of decision you did not fulfil the immigration requirements.

[batleykhan]

Well lets wait to see in which grounds they want to appel .

That you passed the English language exam only after a decision on your application had already been made. That is, on the day of decision you did not fulfil the immigration requirements.

If that is the case then the Adjudicator has in fact made a serious error

[carlabeach]

so what is the adviced, I really have enough , I think i gonna give up. I was ok before about all this abused to wait such a long time for everything .
But even my son is with a psychologist at the moment and is for that stress of waiting time.
Maybe the all point is to make the families to split, unlucky that is not immigration control . [/quote]

[batleykhan]

Consider reapplying again .However wait till the outcome of the appeal.It may be allowed in your favor if the judge agrees that common sense should used be used rather than a legal issue.

[carlabeach]

Hi everyone !!!! Again me with my update
Well we recived letter that didnt allowed Home Office to appeal, then after a week NY embassy sent me a mail asking for my passport to be sent.

Maybe after so much trouble I am not sure what is going to happen , I wait a mail saying that someting is wrong.

Well wait and see ........

[batleykhan]

Them asking for your passport is a good sign, that they MAYBE considering giving you a visa at last