.

justwise:


It's funny that you claimed to know the law but still you don't know that a student visa holder with a child can exercise right to family life? (Ask me and I will explain to you) ,Asylum seekers can exercise right to family life? Even convicted criminals use right to family life to remain in the UK, you don't know all these and still believe that only spouse visa holder enjoys that?

Do you also know that Tier 1, 2 and 5 visa have the right to appeal?

10 years ban can prevent some spouse visa applicants from getting a visa to the UK to join their spouse. Not all 10yrs bans are overturned through spouses visa application and if you don't know this then you got no clue what you are talking about.

Student visa appeal right was removed and replaced with administrative review just last year and administrative review is far better than appeal because it takes less than a month to decide and cost about £80, unlike appeal that takes at least 6 months and cost more.

Mennnnnn this Dude just changing my words, anyway let me use your find to tell you know somethings.
student with children can use the right to a family life rule. So that student brought that child with them from their home country when he/she obtained the student visa?
The only reason they access that rule is because that child was born in the UK for a person that has a resident permit.

And I never tell you the right of Appeal was only applicable to just spousal visa, I only said student and visitor's visa.

You said the right to a family life is universal rule which is not.

Criminals and Asylum seekers use that right because to have a child, girlfriend,boyfriend or partner that has British passport or a resident permit.

@Portsmouth86 thanks for throwing more light from your experience put the fact that spousal visa has the right to appeal the deportation decision and only be returned back home after he/she has lost the appeal case which the appeal with take weeks to be heard and not immediately, And if the sponsor standing by her partner the deportation will never take place.

Unlike @justwise that said a spousal visa holder will have to return to their home country to appeal the decision. That is only the sponsor that can appeal from UK

NB:- if that sponsor stood by the spousal visa holder that deportation is unlikely to take place because both partner will get their facts right and with the help of a lawyer it will never happen.


@justwise only you said spousal visa has no right at all now you say they have hmmmmm and you just run around bring all other categories of visa that is not relevant to the issue.
I rest my case your here there's is pointless arguing with you on issue you know thing about.

justwise:


Dude when you copied stuff from some website make an effort to read well, right to family life is an universal human right that is not peculiar to spouse visa holders [/b]and you can exercise that right in Nigeria with your partner, it doesn't have to be in the UK so when you are refused entry to the UK they are not technically denying you right to family life because your partner can move to Nigeria to be with you.

When you get married to your partner the condition is not that you must live in the UK.

[b]Until recently student visa holders can appeal a refusal so its not a right specially for spouse visa holders as you pointed out.

While at the POE you have not stepped foot into the UK yet until you are stamped and allowed to cross the immigration check, so when you are sent back you will be making an appeal from your home country or your partner will make one for you from the UK.

When Portsmouth86's husband was stopped at the POE and questioned if Portsmouth86's story did not match that of the husband he would have been sent back from there and he will appeal that from Nigeria.

Right to family life is not good enough if they have a strong case against you.

I really don't know when you got the idea that i have a partner here..one of your guess works? I think..

First point I never used you or saying you got a partner @justwise I'm just explaining my point to you and making example.

Secondly the reason why the UK immigration can't tell couples where they can live is because the sponsor and partner can decide where they want to live because of the right to family life of the sponsor status in the UK.

Thirdly why was the right of Appeal withdraw from Student visa only and but Spousal visa right was not withdrawn solely because of that right of a family life.
And if the right of a family life is universal right why can't one exercise that right on their student visa and visitors visa.

When you say I copied stuffs from website to defend my point show me your evidence to defend your point.

If you go back to my conversation with @Portsmouth86 you see I told her that they just want see that she's the real sponsor and if she's not. They will hold the husband and if says he won't return immediately he has the right to appeal the deportation and remain in the UK until his appeal has been heard in court.

Why is it possible that you can apply and be granted a spousal visa even when you carrying a 10years ban. But you cannot apply and be granted a student visa and visitors visa just because of one right - The right to a family life, which both the applicant and the sponsor possess because they've agreed to live in the UK.

If they decided live in Nigeria it has to be the couple's decision.
So Spousal visa is not a privilege and the right to a family life is not a universal rule that every visa possess.

Please you don't know the law from all your statement about this issue just continue with your advice on application. Thanks

justwise:


List them.

The Right to a family life:- the one giant right that gives you solid ground to stand and challenge any good and compiling reason evidence against you inside the UK not outside the UK.
And this is the same rule that gives the spousal visa application after refusal in your country the (FRA) Full Right of Appeal, unlike visiting visa and student visa (LRA) Limited Right of Appeal written at the right top of your refusal letter.

So you can not be returned to your country at the POE (point of entry) or the next available flight. Except you voluntarily want to return back.



With entry clearance
If you’re refused entry and have entry clearance (i.e. a visa, entry certificate, letter of consent or work permit), you cannot, in most cases, immediately be sent back to your home country. Rather you are permitted to make an appeal (in the first instance to an independent adjudicator) and allowed to remain in the UK until it’s been heard.

However, within UK immigration law, there’s no right of appeal in the case of people with visitor’s visas, unless coming as ‘family visitors and Spousal visa.

Please don't make laugh @justwise saying is privilege if it's a privilege they tell your sponsor to go to Nigeria and be with you that they can't accommodate you because they are worried about migration. Privilege brother please!!! na America Visa Lottery

justwise:


Dude what you are holding is a visa with no right attached to it, its a privilege and the immigration at the POE can put you in the next available flight back to your home country if they have a strong reason to do that.

You have to appeal their decision from your home country to be able to renter the UK

Even as a dual British citizen if the govt has a strong case against you they will send you back to your home country and the British passport taken away from you.

All this you are saying here is fighting talk.

No need to talk much again. Please you don't have a clue about Spousal visa right. Please do your research. When the person is not a known terrorist. We talking about POE returning and its a well known fact that if you commit a serious crime to become a threat to society you serve your time and be deported back to your country as dual national, indefinite holder and Spousal visa holder.

justwise:


@dday101 I have to disagree with you here, they have every right to send you back sham marriage or not, what you are holding is a visa and not British passport so it's a privilege which can be withdrawn at the POE.
If they have a good and compiling reasons to send you back they will even as a spouse visa holder.

@justwise POE no way, when I talk about this issue I talk from experience. Like what you said above they will have to take you to court to get the visa withdrew, So they can never return you home except you ask to be return by yourself, if you want to stay to challenge every good and compiling reason evidence against you, you have the right to do. Return you at a POE no way they can't.

@obabola123
That's okay since you've been to the UK before and I have travel that route before no problem you doing it again. Just explain to them and you will be okay.

Portsmouth86:


I'm just stating what they told us, as I asked what would have happened if I was not at the airport and they clearly said he would be put on a flight back, I know what my rights are hence the fact I really had a go at the woman for keeping my husband for no reason, a formal complaint was raised.

They are horrid people, my husband wasn't the only one detained I have also been interrogated myself when returning from Nigeria alone

I understand @Portsmouth86 they just saying that, most of the people they delay for their partners to show ID are people that hasn't been to the UK before.

Thanks for having a go at them.

obabola123:
@Portsmouth86 and @dday101, thanks but my wife stay in hull city. She can't travel down to pick me up @ Heathrow but I already book a train ticket from Heathrow to Hull city then she can pick me up at the train station in Hull. Hope this will not be a issue?

@obabola123
Please what time is your flight landing at Heathrow airport because if you gets to be interrogated and your wife is not at the airport they will delay you much longer. Let's reason together here, you are new to the country except you've been to the UK before if not this will be their thinking why would your partner allow you go through the struggle to navigate your way to Hull after going through the stress for application when even for people living here is like a stress to travel to Hull after long flight. Please you landing in the early morning hours it understandable but if is evening trust me no excuse except she's a nursing mother or she's sick. Please bro to avoid calls back and front, delaying you even if they can't return you which they will lie and threaten you and your wife that they can to put tension on you both Please make madam find her way to the airport abeg.

I know the train ticket is expensive and the distance but I don't think you want the delay.

Thanks

Portsmouth86:

@obabola123

this is not entirely correct, be mindful of the possible interrogation that one can encounter on arrival in the UK

My husband was detained at Heathrow for 2 hrs and if I wasn't there to pick him up they would have sent him back, they were horrid to him, asking questions about our marriage, they called me and starting asking me questions about our marriage and my job, once I went to their immigration office in the terminal I complained about it saying we have been through enough to get to this stage and for us to be treated like criminals was a disgrace.

Luckily I told my husband that this would happen, only to prepare in case it did, I know of many that get questioned and detained despite holding the relevant visa

I just suggest to anyone arriving in the UK to make sure they are prepared for a grilling, and to remember their spouses contact information, then at least you wont get the shock

@Portsmouth86
Nobody can return you at the airport quote me anywhere expect they can prove its a sham marriage. It will only be strange for your Spouse not to be at the airport to receive you and @Portsmouth86 the reason they question you they want to know if you are the real sponsor or somebody else just acting as one. And they would have had to take your husband to court first and prove it a sham marriage to deport him back to Nigeria. Thank you

NB. Return back ke na visiting visa do you know the human right protection and the right to family ties in that spouses visa. No Your Rights no be curse.

Caribbeanwify28:
I meet the financial requirement, I have provided all the payslips etc.. We submitted on 20th April and still no update, tommorrow will make it 12 weeks. How long should I wait before calling them? I called last week and spent over £20 on one call for them to say they will escalate as there is no progression.

I understand how you feel but it's normal, by Friday or next week you will get decision email.
If your IHS has not be returned you are on track for a good news.

obabola123:
@tunde, please just gist me what nd what is d few questions. My flight is on Monday please, am scare now lol.

Don't be scared the visa you are holding no immigration officials can return you back to country at point of entry or even returning back before your visa expires not even your wife. Your way is clear with spouses/Settlement visa.
NB. The ticket you are buying should be one way ticket NOT return ticket. Congratulations and safe trip.

Caribbeanwify28:
Hi Guys,
Is it possible to get refused a settlement visa because you have an overdraft or you're in your overdraft?

I thought the HO was just checking that you meet the salary requirements, not sieving through your bank statments.

Home office don't care about your account balance, the main thing is if you meet the financial requirements through your payslips and bank statement showing your salary coming into your account that's all.

obabola123:
Wow, thanks. I don't have IHS fee returned

Glory be to GOD, Congratulations to you and your partner cause the battle has been won by both of you. Congratulations and do have safe trip.

Note:You're booking one way ticket asap.

obabola123:
Hello, i just receive mail from HO this evening that--

A decision has been made on your UK Visa application. Your application will be dispatched shortly from the Decision Making Centre in Sheffield, UK. If anyone contacts you advising that your application is still under consideration or that they can influence the outcome of your application in any way, they cannot - please report any such approach to VisaSheffield@homeoffice.gsi.gov.uk.

Applications submitted at a Visa Application Centre will be returned there for you to collect.

Congratulations as far the IHS fee has not be returned. Just pack your bags and book your flight ticket cause you've got less than 30days to leave the country.

obabola123:
Hello, please what can I do? This waiting is killing. Should I get a lawyer?

I understand your feeling but you will definitely get a response very soon, it won't be up to a month again. On my calculation within 10days will hear something by GOD's grace. Amen

egal22:


@Tunderule.....confirmation email received and just checked for IHS no refund found.....
Tension most high now....Jesus is already doing it for me and He is gonna do it for all of us.

It's over Congratulations,GOD almighty has done it for you.

Have a wonderful celebration on your Spouses visa

Fifi123:


Thank you for replying
This is the email, successful appeal letter

__


The decision to refuse your application has been overturned and your visa will be issued.

Your visa will be printed at the British Embassy, Rabat, by UK Visas & Immigration. We are not able to print your visa using the original application form that you submitted due to technical reasons, so in order for us to be able to print your new visa, you will need to do the following:

Go online and complete a new Visa Application Form at the following link: https://www.visa4uk.fco.gov.uk/home/welcome.
You need to complete a new form in order for a new GWF number to be generated that will enable us to print your visa - this is a technical workaround.

As part of your original application, you were required to make a payment for the Immigration Health Surcharge (IHS). This payment was refunded to you following the refusal of your entry clearance. As this decision has been overturned, and you are to be issued with a visa, you must now ensure that this payment is made again. Please make your IHS payment after completing your new application form.

When you have completed your new application form and made your IHS payment, please make an appointment to resubmit your biometric information (fingerprints etc) at the Teleperformance Centre. On the day of your appointment, please take one (1) copy of your application form, two (2) passport-sized photos, and your current passport to the Visa Application Centre in Rabat. The address can be found in this link: https://uk.tlscontact.com/ma/RBA/page.php?pid=center_info

To avoid paying visa fees online, select the option: Pay at the VAC. The team at the Teleperformance Centre will be aware not to charge you for this new form.

Please also provide a new TB certificate from an approved establishment. This requirement is necessary since your previous certificate is no longer valid. For further information, please visit the following website: https://www.gov.uk/government/publications/tuberculosis-test-for-a-uk-visa-clinics-in-morocco

We have informed the Visa Application Centre that they should expect you.

Once you have submitted your new Visa Application Form, the information will be forwarded to the appeals department in the UK where the original category of visa that you applied for will be issued. Once your visa has been printed at British Embassy, all documents will be returned to the Visa Application Centre, who will contact you when they are ready for collection.

Should you have any questions, please contact us via our website: https://www.gov.uk/contact-ukvi-outside-uk

PLEASE BRING A PRINTED COPY OF THIS EMAIL WITH YOU TO THE TELEPERFORMANCE CENTRE.

Kind regards

__
So they asked me to fill in new form and get a new GWF number

Okay I see just follow the instructions on the email.

Fill the application form online which will give you a new GWF number, pay your IHS surcharge fee and Do not pay the application fee(when you to that section of application fee payment choose PAY AT VAC)

And you need a new Tuberculosis Test Certificate cause your old one has expired.

You don't need to submit any supporting documents.

NB: All you need to submit are:
Application form.
Your Passport.
TB certificate
2 passport-size photograph.
Appeal won letter from Home office.

And it will take 2-3weeks to stamp the visa and returning your passport to you.

Good luck and GOD bless

justwise:


All rumours and possibly lies. I don't see this happening in many years to come

It better be so because with that amount that means is only top professional that can qualify to apply for spouses visa.

Fifi123:
I received call letter from HO ( successful appeal letter) on 24th May, I was waiting for my husbands passport renewal. Now I'm going tomorrow to teleperformance centre to resubmit passport and all documents required. Then waiting.
My friend has the same case as mine, and she resubmitted her passport on 31st of May. But still waiting.
I don't know how long should we wait to get our visa?

other quik question please.
they give a new GWF reference number .. is that means i have to resubmit all application and appeal forms and evidences with passport ? do i need to wait long time as a fresh application proccessing time ?
do they give new GWF reference number to evreybody to get visa stmp in passport or only me ?

I don't really understand why on earth you will have to fill another application form with documents when you won your appeal.

You just need to submit your passport with the letter from the HO because you've already got a Visa number from the last application. You just want to complicate issues for yourself.
To pay IHS surcharge go to their website.
From what you are doing you are starting a fresh application all over again and you waste your funds and your time.

NB: And why is your husband not advising or assisting you, go to teleperformance office in your country and ask your questions so you can get a proper advice in your language you can understand.

Do have a good day.

nky2015:
Thanks cos it's more than 10 days.am getting worried.

Please just to get the clear picture have they concluded with your application and they asked you to send a return envelope?
or
You are the one asking for your passport and marriage certificate to be returned because you need it?

nky2015:
Tunderule, justwise can u tell me how to get my documents back.i have called them but the number doesn't get me to speak to someone. I need my marriage cert and passport urgently.i have sent envelops twice.but am worried cos I didn't have a postage stamp on it ,they won't send it to me.

You have to send a returning envelope with return postage stamps that's the only way you can get your documents back.

Good Morning Everyone,

I just got this important information my wife which her lawyer friend just told her.

The lawyer said the Home office is debating to increase the financial requirement from £18,600 to £34,000 at the moment. He said this is the case going on in the Home office behind the scene.
Please anybody wanting to apply for Spousal visa should do it fast cause this British government are trying hard to cut down immigration.

Fifi123:
Does waiting for partner's passport's renewal affect visa decision? 
And what is the time limit between (successful appeal letter/ withdrawal of refusing visa) and submitting new visa application? 
My partner's passport was expired. He did renew it and now he just waiting to collect it, but we don't know how long thas it will take! Maybe 2 weeks!
Hence why I have to wait one or two weeks more before submitting my application as I need his passport to be in date to be able to fill in the new application from. 

NB: I did successfully receive a letter from the home office stating and confirming the refusal decision against my visa has been withdrawn and I do no longer need to appeal.

You don't need to fill any form again please just take your passport and the letter you received from the home office to the UK embassy and your visa will be issued . You don't need to wait for your partner's passport, just go and subnit your passport and the letter at UK embassy

feedthenation:
Hi Justwise and other eminent contributors,


Please I have two questions:

1. How soon can one reapply to extend spousal visa - my wife's current visa expires in October 2016?

2. Please do you have a website link where we can download application form and also get more information about what documents are required?

Many thanks.

As from 6months to when it will expire.

khdz:


Can i ask you a question ? did you receive your IHS payment back before you got an email that decision has been made?

yes. i was shocked to see IHS payment back into my account and email came as 'processed application for GWR****** is ready for collection.'

anyway i've checked all link an web pages but cant find IAF2 form to fill for appealing. I can see other form for appealing but not IAF2 form can be found. Can i appeal online when i was served with IAF2 form?

Thank You

Appeal online is better and you later post all the supporting documents to support your appeal. Don't post original documents, it should be photocopies expect it's pictures.

Fifi123:
Good morning All.
Which form shall I fill in and submit it with passport to embassy. Is it the same what I filled in firstly. must I fill in it exactly like first one?
Thank you.

Submit your passport with the letter you received from the embassy that the decision has been overturned that's all you need.

[quote author=Fifi123 post=45971991]Does wrong partner's passport's expiry date affect visa, if submitting a new application with wrong passport expiry date with my passport to embassy to stamp visa on it?
Because my partner's passport was expired
Kindly answer [/quote

How come the wrong expiring date don't you have the photocopy attach to the application?

The Embassy will not issue a visa on an expired passport.

But if is your partner's passport that has expired you can still get the visa on your passport if your passport is still valid. As far the permit on your partner's passport is valid as well.

Davdar:
Hi everyone

Please can someone help explain this email to me. I sent email to the tribunal regarding my husband appeal. They sent this email back and am a bit confused.

The IA10 (Notice of Pending Appeal) was sent to the Appellant, Representative (if applicable) and Respondent on the 01/12/2016. This notice is for your information only as it is for the Embassy to action.



We can confirm that we have received the respondent bundle.



No further action is required from you at this stage.



Please quote your Tribunal Appeal Number in all correspondence when contacting us, as we may not be able to assist you without it.



**Please note that a Sponsor is only entitled to receive the Notice of Hearing. No other document will be sent to a Sponsor**

Please try call them so you can get to understand the information clearly. But it's like you might be going for a hearing.

Fifi123:
Hi everyone .
"Withraw appeal letter"
Is this means that home office accepted the case, or they may refuse again?
And what percentage of acceptance or rejection?

It means you've won the appeal and you will be contacted shortly to send in your passport for your visa. Congratulations!!!

justwise:
[/b]

You are still 110% wrong and your argument got nothing to do with the point at hand.

When a child is involved that increases the spouse visa financial requirement and it doesn't matter whether the child was born in the UK, in Nigeria or heaven.

@Justwise you so wrong, which we are all learning new things and information everyday MrTunde is 11million% right the financial requirement amount doesn't change as far the child is born to person that is settled. Eg My wife just had our baby girl when we applied for my spouse visa, the child was never taken into account because I'm not coming to UK with the child and because the child is a British Citizen by birth coz of my wife's status(ILR) at that time.