Appeal

[pepa]

Hi - Il try to keep this short - im just wanting any adive anyone can give me and possibly support!

So basically my husband is from Albania we married in August - met in Greece - i lived in Albania for over 6 months. I have been in England 3 weeks.

Visa application denied yesterday as they do not believe that "we have sufficient accomadation or funds to support ouselves"

well i live with parents in a 5 bed 5 bath house and my parents have fully supported the application and offered all their finances (as myslef and my husband did) apparently though we did not include a property insepection form.

I am going to see an immigration advisor tomorrow but i wondered if anyone can help me from their own experience - is it better to go for the appeal or apply again - and the lengths of appeals.

I had a letter of work which they originally accepted but now said that there was no info on it as to hours or wage etc.

Now i can understand that they want people to have jobs(which i do) and money (which is short supply) but im in abit of a rut really because i can not when you apply it does say your sponser must be either "settled in the uk or PLANS to settle in the UK with you"

well have been a seasonal worker in Greece for over 5 years (3 years BEFORE i met my husband - so of course we were going along the lines that we were going to settle together and i had a letter offering a secure job as did my husband.

We cant go back to Greece as my husband has no papers and after living there so long AND living in Albania i know that i want to at this time settle in the UK.

Anyways - if this makes any sense to anyone at all and if anyone could give me a few pointers in the right direction. Just really dont have anyone to talk to who knows what i am going through

Thanks in advance

[Hannah/Bledi]

Hi Pepa,
I can imagine exactly how you are feeling. Me and my husband were in exactly the same situation when we applied.
I'm sorry I dont know any solid facts for the appeal procedure as we have never gone through it but from what I have read it seems like an appeal is easier but does take a long time.
I think you normally have to wait about six months for an appeal date at the moment.
What documents did you hand in? And what is the exact wording of the refusal?
Have you been to the immigration advisor yet and did they shed any light?

[pepa]

Thanks for your reply.

Well i went to the community legal advisors today (i dont know if every city has them but we do and it was free) and they said that they were willing to take on the case and that i just have to gather as much evidence as i can. I have to wait till next week to actually see the person whos going to do it but they assured me that it will be done within time.

This is why im so confused to the appeal process - because from what i can gather at this stage its not actually going to court - its just a representative writing a few letters to say can you please look at this descision we think you have made a mistake etc etc and then if they say no it will go to a judge

Maybe i will have to wait to see them next week - but we dont even know if i can get back into Albania as I was and "overstayer" and didnt apply for my residence permit so got done at Tirana airport and had to pay a fine

ohh its all so confusing x

[geriatrix]

Hope someone will be able to share their experiances with me!

I am British and my husband is Albanian.

Married in Albania 16th August 2011 and applied for spouse visa on 21st October 2011 (i was living in Albania through these times) The visa was rejected on the 9th November!

The reasons for the refusal were because we did not include an accomadation report on my parents rented property and they were not satisfied that we were financially secure!

So no i am using the assitance a lawyer (with legal aid) who feels we would probably be succesfull in either an appeal or a re - application.

So now we have to make the decision before 7th of Dec (appeal date ends).

I am now back in the UK after 6 months in Albania and i am working.

If we were to re-apply would 3 months wage slips be enough for the application???? and our savings are running very low.

I know alot of answers i can get from the lawyer its just nice to get some advice from people who know exactly how im feeling and have been through similar situations.

Any help would be really appreciated.

[geriatrix]

What evidence of accommodation and finances did you provide for the initial application?

Payslips and bank statements covering 3 months preceding the application should be okay, but it you can provide more (even 1 more) do so.
You need 105.95 remaining weekly after rent or mortgage, council tax and any loan repayments have been met.

[pepa]

In the initial application we provided both our bank statments but the problem they had with that was that a large sum of money had been deposited in my husbands account he by his brother (and the money was genuinly for us but its hard to proove this) We also provided 3 months of my dads wages slips (a very good wage)!

And we provided a letter from my employer who stated there was a job for me and my husband (but they didnt state hours or wage which they pulled us up on on the refusal)!

For accomadation we provided the rent agreement, a letter from my mum and dad and 3 years of council tax statements.

In the new application we had have all of the same plus wage slips and accomadation report. Also some of the money paid in by my brother in law would still be in the account (paid into the account in September)

The lawyer did say that savings are not so important as the are not reliable - but im worried that they may think we dont have enough savings!

Thanks for your reply

[pepa]

oh and also all my wage is disposable - i have no debt, no rent etc (all that will be coming out is what its going to cost me to go to and from Albania!

[geriatrix]

If there is regular income that meets the requirement stated above, savings become secondary.

Accommodation
1. Letter from 3rd party confirming they will accommodate you.
2. Ownership papers / rent agreement (permission from landlord allowing you two to stay with the tenants (3rd party sponsor).
3. Land registry / house inspection report.
4. Council tax bill.

Finances
1. Your payslips.
2. Your bank statements.
3. If (also) relying on 3rd party support, then a letter confirming that they will provide financial support to maintain you two. Include both payslips and banks statements of the person(s) offering 3rd party support.

IMHO ...

[pepa]

Thank you very much

I think we will apply again and not go for the appeal. And then hopefully if we include everything that they refused the first time then hopefully they will have nothing to refuse us this time.

[pepa]

Oh also i wonder if you could tell me are we able to get our original documents form the embassy from the first application - as we would some of these documents, mainly personal things to proove our relationship!