Spouse Refused

yaelhitch · Post by **yaelhitch** » Fri Apr 18, 2008 6:05 pm

After 5 months of preparing my husbands case his visa was refused. We are appealing the decsion through a lawyer and have sent off our appeal aplication.
Does anyone know how long it takes to get an appeal in court and if there is any way of hurrying it along
thanks

aka189 · Post by **aka189** » Fri Apr 18, 2008 7:15 pm

yaelhitch wrote:After 5 months of preparing my husbands case his visa was refused. We are appealing the decsion through a lawyer and have sent off our appeal aplication.
Does anyone know how long it takes to get an appeal in court and if there is any way of hurrying it along
thanks

In spouse visa appeal, you will get hearing in about 7 or 8 months after you submit your appeal to AIT.

There is no way you can get it earlier unless there are special circumstances.

eliasuk4u · Post by **eliasuk4u** » Fri Apr 18, 2008 7:19 pm

yaelhitch wrote:After 5 months of preparing my husbands case his visa was refused. We are appealing the decsion through a lawyer and have sent off our appeal aplication.
Does anyone know how long it takes to get an appeal in court and if there is any way of hurrying it along
thanks

What are the reasons for refusal? can u post us the clear reasons given in the letter from BHC so that members can give there view on the case. May be you just need to reapply with the missing documents instead of paying the price to the lawyer.

Liberal Immigrant · Post by **Liberal Immigrant** » Sat Apr 19, 2008 12:12 am

what were the reason of refusal?

thanks.

yaelhitch · Post by **yaelhitch** » Sat Apr 19, 2008 8:33 am

The main reasons were based on my finaces and that my job is through an agency. They said that both of my bank accounts were overdrawn which was a lie as one had Â£4000 in it.
Also becasue he overstayed his visa he was in breech of immigration law, howveer they said he did not provide his passport and immigration histroy which we did we put in all his vsias and previous passports.
They said that he did not leave the U.K voluntry, he did leave on his own accord once he relaised his visa had ran out.
He didnt get an interview.
We are apealing also on the groubnds that he has worked in U.K for 3 years so will get a job when he returns.
They were also extremaly rude to him.
I will get the appeal on legal aid. But 7-8 months?!!!! i cant wait that long

eliasuk4u · Post by **eliasuk4u** » Sat Apr 19, 2008 9:46 am

Sorry to hear your husband visa refusal.

They said that both of my bank accounts were overdrawn which was a lie as one had Â£4000 in it.

Did you provide latest bank statements? Did you give any covering letter pointing out this details? Did you put in a nice seperate folders with content page? When I applied my visa back in 2006 I gave them a monthly budget of what money comes in an out backed up by obviously bank statements and payslips. It made it clear when you look it. Some times the applicant have to spoon feed the entry clearance officer because they are simply lazy to look at your evidence documents or not bothered.

Also becasue he overstayed his visa he was in breech of immigration law, howveer they said he did not provide his passport and immigration histroy which we did we put in all his vsias and previous passports.
They said that he did not leave the U.K voluntry, he did leave on his own accord once he relaised his visa had ran out.

Did he got stopped in the airport by the exit control when he left? Was he issued with IS151A? When exactly he left the country?

See this topic for document guidance.

khan85 · Post by **khan85** » Sat Apr 19, 2008 11:05 am

sorry to hear about ur case..

im just thinking now.. my job is thru an agency but i have a letter saying its permanant, but the agency is putting money into my account and the wage slips are also from the agency, do u think i will have the same problem????

which countryt is ur hubby from..

eliasuk4u · Post by **eliasuk4u** » Sat Apr 19, 2008 11:22 am

my job is thru an agency but i have a letter saying its permanant, but the agency is putting money into my account and the wage slips are also from the agency, do u think i will have the same problem????

The answer is no. It won't have any effect as long as you prove that you have sufficient funds to support yourself and the applicant with out recourse of public funds. There is no where in the rules says that you can not have an agency job.

khan85 · Post by **khan85** » Sat Apr 19, 2008 11:25 am

thanks elias,

i was stressing over it already..

these documents are driving me mad cant wait till its over

yaelhitch · Post by **yaelhitch** » Sat Apr 19, 2008 1:02 pm

i provided 8 months of bank statments for two bank accounts. Once bank account is overdrawn but the other one has money going into it all the time and had about Â£3000 when we applied.
I supplied payslips of this job and previous jobs dated back 8 months
My manager wrote a refernce to say that although i work for an agency for job is perment and my contract has no end date. She wrote im a hard and relaible worker etc.
My husband left the U.K as soon as he realsied he had overstayed his visa. He was not stopped at the airport as he had a document from the Guinean embasy to allow him home.
We spent months orgainsing our file and labellig it all. We wrote personall staements to put across our case. We have been together 2 years living together for 1 year.
We enlosed bank staments of my husbandas up until he left U.K when he was earning Â£300 a week.
I cant believe they refused us. What they wrote was lies. My lawyer says we can appeal but i cannot wait 7-8 months so am going to my local MP to plea my case

smacky123 · Post by **smacky123** » Wed Apr 23, 2008 11:52 pm

yaelhitch,

it looks like they made a mistake why don't you write back to them with all this points?

yaelhitch · Post by **yaelhitch** » Thu Apr 24, 2008 10:43 am

easier said then done.
i phoned the home office in sierea leone and they wouldnt let me to speak to anyone they said all i can do is appeal. i have ameeting with my MP to sort things out and might go to the local news papers as well.
i refuse to wait 8 months and spend money on a lawyer becasue of someone ignorent ECO in freetown.
im going to fight as i am a britsh citizen and its my right to have my husband in the U.K

smacky123 · Post by **smacky123** » Thu Apr 24, 2008 3:22 pm

You cannot speak to them. you need to put it all in writing. my sister once was denied a visitors visa from BHC in kenya as the entry clearance officer said he did not believe her reasons. yet she had lived, studied and worked and come as a visitor to uk about 10 times. All legally of course. when they refused she couldn't believe it. she just wrote them a letter and they gave her 5 years multiple entry. they said they decided to reconsider. i believe in this instatnce they made a mistatke but of course they will not admit it. i know it is a different case to yours but i think writing a letter is worth a try as you have noting to loose. in kenya they do not take phone calls.
it is ridiculous to wait for so long for an appeal and you are correct ,you have a right to have your spouse with you in the uk or any EU country you wish. keep fighting they will have to give you in the end.

yaelhitch · Post by **yaelhitch** » Thu Apr 24, 2008 6:21 pm

thanks for your support.
I have a meeting with my MP and i am going to write to the Home Office in U.K and Siera Leone. i just dont believe they will take notice which is why i hope my MP with help me.
I will let you know how it goes but until then i will keep strong

jamalkhan · Post by **jamalkhan** » Sat May 10, 2008 8:54 pm

My expereince tells me that in some complicated cases, the first line entry clearence simply refuses the visa.

Basically Appeal >>
Address all the issues mentioned in the refusal letter >>
Make sure you provide all the documents that they cannot see

Use legal help

The good news is that you may not have to wait 8-9 months as they can also over turn the decission.

The appeal time period is simply pathetic. 8-9 months is simply a joke it destroys people's life before it even begins

Post by **Frontier Mole** » Mon May 12, 2008 11:02 am

One simple question, how long after his return did you apply for the visa?

There are a couple of points that I find a little confusing.

Your husband left when he realised he overstayed his visa but he used an emergency travel doc from his embassy. That does not fit together at all. If he had a visa to stay the passport would have to be valid for at least six months beyond maximum stay date. The fact he used an ETD suggests the passport was out of date. He overstayed for at least six months!

Money - first it was Â£4000, now it is Â£3000 but other account overdrawn. What was the net value of savings? The ECO will look at the low end of the month total to see what you have left, not so much the best / highest point.

Husband working in the UK - was he allowed to work? Visa overstayer suggests not. Providing proof of illegal working to support application is not doing you any favours.

Where / when did you get married? If in UK did you need CoA?

There is one other question that comes to mind - was he ever served with an IS151A?

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