Tier 2 Dependant Visa refused Pls Help

[JS28]

Also, how can I explain that the ECO taking the decision should have exercised differently a discretion conferred by immigration rules?

I was thinking that they could have exercised discretion by requesting any extra documents that may have been lacking, instead of simply refusing. An incorrect refusal wastes everyone's time.

Today i went to see a solicitor in Birmingham. According to her, they denied my partner's visa because we were not in a civil partnership when i first entered in the uk in 2006.

Is this right? To be honest, I do not believe her.

[vinny]

How is that relevant to her current application under 319C?

[JS28]

How is that relevant to her current application under 319C?

That's what I though. Vinny can you please highlight point that I cant use with the exercise of discretion. I am done with my letter just that bit. These solicitors are misguiding me. I'd rather stick to the people and solicitors in forums.

[JS28]

Also, how can I explain that the ECO taking the decision should have exercised differently a discretion conferred by immigration rules?

I was thinking that they could have exercised discretion by requesting any extra documents that may have been lacking, instead of simply refusing. An incorrect refusal wastes everyone's time.[/quote

Is this latest?

http://www.freemovement.org.uk/wp-conte ... uction.pdf

[JS28]

How is that relevant to her current application under 319C?

Hi vinny,

Thank you for being so helpful. I was wondering if you could please answer my questions above.

Your response is very much appreciated

JS

[JS28]

How is that relevant to her current application under 319C?

Can I use this?

I understand that the evidence of genuine relationship were not existing at the time of assessment. However, a covering letter was submitted with the Tier 2 Dependant application stating that these evidences were not put forward because these were already presented for June’s Civil Partnership Visit Visa. The ECO could have exercised discretion by requesting these documents as per the PBS Process Instruction-Evidential Flexibility Guidance version 1.2 Doc Ref No. P1-481, page 2 and Annex A:

…from August 2009 a flexible process was adopted allowing PBS caseworker to invite sponsors and applicants to correct minor errors or omissions in application both main and dependant submitted under Tiers 1, 2, 4 and 5.

My civil partner should have been given 7 days to send this to the ECO as they were already available to us. [/u]

[vinny]

Looks okay.

[JS28]

Looks okay.

Hi Vinny,

I am sending the appeal via the form rather than online since it allows me to put more than 4000 characters.

Where it says write your ground of appeal, Can I mention that the ground of appeal is attached in a letter formant instead of writing on the form itself?

I hope to hear from you soon since I have to send this off tom.

Regards,

JS

[vinny]

Why not quote the applicable sections of 84 on the form? Then say details are in the cover letter?

[JS28]

Why not quote the applicable sections of 84 on the form? Then say details are in the cover letter?

Okay, I will do that. Thanks

Also, Can I request the documents from the Tribunal after? I am also sending the documents to the ECO in the PHilippines to make the decision making easier. Do I have to send originals to the ECO ?

[vinny]

Don't send any original documents to anyone now, as they may get lost.

[JS28]

Don't send any original documents to anyone now, as they may get lost.

Okay thank you. I'll everything off tom. Hopefully i'll come back with a good news. Thank you ever so much

[JS28]

Don't send any original documents to anyone now, as they may get lost.

Which form do I use for decision made outside uk but submitting within uk? The link is not very clear

[JS28]

Why not quote the applicable sections of 84 on the form? Then say details are in the cover letter?

Is this okay?


As per the Nationality, Immigration and Asylum Act 2002 Section 84: Grounds of Appeal, the refusal of the ECO is:

(a) not in accordance with immigration rules;

(e) the decision is not in accordance with the law;

(f) the ECO should have exercised discretion.

Details are in the ground of appeal letter attached.

[vinny]

Yes, 84(1).

Include 84(1)(c), if you want to include Human Rights grounds too.

[JS28]

Yes, 84(1).

Include 84(1)(c), if you want to include Human Rights grounds too.

Hi Vinny,

I finally sent off the appeal online and will send the documents later on.

I spoke to someone from the Tribunal and they said that it takes 10-11 weeks for the evidence to be sent to the ECO in the Philippines.

Can you please guide me if this is correct? Also, as I have asked before, if I send everything to the ECO as well, will it make the decision making quicker?

11 weeks seems to be long just to review the decision to find out if it can be overturned

Can you please suggest what we should do? I don't mind waiting for weeks but 12 weeks to hear whether the ECM agrees to overturn it or not is such a long time.

Thank you again,

JS

[vinny]

APL1.4 Appeals lodged with the Tribunals service stated within 28 days.

[JS28]

APL1.4 Appeals lodged with the Tribunals service stated within 28 days.

Can I still send all the documents to the ECO in the Philippines?

[vinny]

There is probably no harm in sending the ECO/ECM copies, as a courtesy. But I cannot predict how they may respond.

[JS28]

There is probably no harm in sending the ECO/ECM copies, as a courtesy. But I cannot predict how they may respond.

Where can I get the address for home office in Manila? I know the vfs address.

[vinny]

British Embassy Manila
120 Upper McKinley Road, McKinley Hill
1634 Taguig City
Philippines

[JS28]

British Embassy Manila
120 Upper McKinley Road, McKinley Hill
1634 Taguig City
Philippines

Hi Vinny,

I hope you are fine. My partner was refused a visa on the 27th of April, 2013 and the appeal was lodged online on the 7th of May 2013 and documents sent on the 14th of My 2013. I have not received any letter from them yet tho.

I was wondering if you an please tell me how long I have to wait for the decision of ECM review for non-settlement?

Thank you

JS

[JS28]

British Embassy Manila
120 Upper McKinley Road, McKinley Hill
1634 Taguig City
Philippines

Hi Vinny,

I hope you're okay. How long does it take for the ECM review to take place? the Tribunal keeps saying 11 weeks

Also, what reasons can I used for urgent treatment of the appeal?

I hope to hear from you

Thanks for being so helpful

JS

[vinny]

Hi All,

Does anyone know any good solicitor for my Civil Partner's appeal?

Thanks

JS

recommended.

[JS28]

Hi All,

Does anyone know any good solicitor for my Civil Partner's appeal?

Thanks

JS

recommended.

Hi Vinny,

I hope you're okay. I am back on the forum as I need some clarification. As you know I have already sent off the appeal together with the evidences. My partner sent it to the EMbassy in Manila. I got an email saying that they have received the evidences and it will be attached with my appeal bundle.

Whatever we sent to the tribunal in the U.K. we also sent it to the Philippines so I dont know why they are waiting for the appeal bundle from the U.K.

Also, is there any chance of putting the case forward since it's the ECO who made the mistake? I was thinking of writing a letter to the ECM in the Philippines to request this and mention that our case is similar to the Goudney case.

Can you please advise as I do not want to do anything that will against the case.

Thank you

Bal