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UK Spouse Visa/Appeal Process-part2 - Travel (85) - Nairaland

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Re: UK Spouse Visa/Appeal Process-part2 by bassy10113: 12:54pm On Oct 15, 2014
It's not appeal....its a fresh application
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 1:43pm On Oct 15, 2014
bassy10113:
It's not appeal....its a fresh application

Sorry, yes, no point contacting Leicester! You are still within the 5 month guidelines set by the UKBA to process applications. Again, your documents being sent back is still an indication that u should be hearing from them soon.
Re: UK Spouse Visa/Appeal Process-part2 by bassy10113: 8:52pm On Oct 15, 2014
Sup house....i received this email for UK CUSTOMER SURVEY....Having recently received a decision on your application, UK Visas and Immigration would like to ask for your feedback in a short online survey. The aim of this survey is to find out how well we met your needs and how we can improve in the future......

Please can somebody explain this to me....cux am yet to get my passport back in nigeria.
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 10:10pm On Oct 15, 2014
bassy10113:
Sup house....i received this email for UK CUSTOMER SURVEY....Having recently received a decision on your application, UK Visas and Immigration would like to ask for your feedback in a short online survey. The aim of this survey is to find out how well we met your needs and how we can improve in the future......

Please can somebody explain this to me....cux am yet to get my passport back in nigeria.

If you've checked the status of your application and it hasn't changed. I would expect that they have probably made a decision, there is a delay in updating your status online and the survey has been sent automatically since their internal records show that they have come to a decision.

Might be an idea to forward that email on to Sheffield, put your name, date of birth and application ref in the subject heading. Ask why you are receiving this survey request when there has been no change to your status online. Ask if a decision has been reached and if someone could send through an update. It's quite possible that your status will change before you get an email back from Sheffield. They normally send out a text to advise that your passport is ready for collection. I think u should be hearing from them real soon.
Re: UK Spouse Visa/Appeal Process-part2 by bassy10113: 6:29am On Oct 16, 2014
Thanks Girlfio...I applied at Vfs at ikeja....and I heard they don't handle uk visa again....should I still continue tracking my application on their website?....also am I going to pick up my passport at oregun or teleperfomance at bank anthony......I emailed sheffield since a month ago....yet to receive reply.
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 7:49am On Oct 16, 2014
bassy10113:
Thanks Girlfio...I applied at Vfs at ikeja....and I heard they don't handle uk visa again....should I still continue tracking my application on their website?....also am I going to pick up my passport at oregun or teleperfomance at bank anthony......I emailed sheffield since a month ago....yet to receive reply.

Use the UKBA tracking website, not sure if its the same one you are using. Just type "tracking UK Visa application" in google and click on the link for VFS global. You'll need your ref from where u submitted your application and your D.O.B.

It looks like Sheffield are getting worse at responding. They will eventually get back to you but you may have all the answers by the time they do!
Re: UK Spouse Visa/Appeal Process-part2 by willwin2: 10:17am On Oct 16, 2014
angry , am going to court
Re: UK Spouse Visa/Appeal Process-part2 by willwin2: 10:20am On Oct 16, 2014
Call thr tribunal today, was informed they did not overturn their decision, after 5 month, now I have to wait another 5 month, 1st of April.
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 11:59am On Oct 16, 2014
willwin2:
Call thr tribunal today, was informed they did not overturn their decision, after 5 month, now I have to wait another 5 month, 1st of April.

Sorry to hear that, can't believe they've scheduled your court date so far away! Well, it looks like it could just be a matter of evidence. I know u mentioned that you don't have much to prove your relationship. If that's the case then it might be worth spending this time collecting testimonies from close family and friends validating your relationship. Include as much as you can from your wedding and just anything you have that proves that you've been having and continue to interact with each other. It's the same with the accommodation, you need to prove that first it's suitable with enough space and that you have the permission to stay there from either the landlord or house owner.

I know the thought of having to wait even longer is disappointing but I pray that this will all work to your favour in the end.

1 Like

Re: UK Spouse Visa/Appeal Process-part2 by bassy10113: 2:35pm On Oct 16, 2014
Can somebody please help me with sheffield phone number or any BHC Nigeria..that i can make inquiry from.
Re: UK Spouse Visa/Appeal Process-part2 by shelair1: 3:42pm On Oct 16, 2014
@ Toni4
VFS global doesnt handle uk visas anymore, it has been taken over by teleperformance and at abuja they are located at central area in abuja opp war college beside Metro plaza. Your passport will most likely be there, if not as of Anna, will be of great help in locating it. if you do not get it, lets know. I will give you a number sheffield gave me to call.
Re: UK Spouse Visa/Appeal Process-part2 by shelair1: 3:43pm On Oct 16, 2014
@ Hopeforallone, whats up wit your case.
Re: UK Spouse Visa/Appeal Process-part2 by shelair1: 3:54pm On Oct 16, 2014
@ Toni4

contact If you have still not heard from the visa application centre, you can contact them on :
+23414535191

or by email on: contact.losvi2uk@tpcontact.co.uk
Re: UK Spouse Visa/Appeal Process-part2 by Ikato3540: 8:49pm On Oct 16, 2014
shelair1:
@ Toni4
VFS global doesnt handle uk visas anymore, it has been taken over by teleperformance and at abuja they are located at central area in abuja opp war college beside Metro plaza. Your passport will most likely be there, if not as of Anna, will be of great help in locating it. if you do not get it, lets know. I will give you a number sheffield gave me to call.

@Shelair & everybody in the house,

I still haven't received my passport back. Different officials at Sheffiled told three different things.

The first told us the passport has been dispatched since 3rd October, the second told us the passport was dispatched on the 14th October; while the third apologised and said they just dispatched the passport yesterday. undecided undecided undecided well, my husband and I have decided to go with the last information.

I want to know if We would be contacted to come and collect the passport.

Also Sheffield informed us in one of their emails to us that the passport has been sent to Abuja, despite our request for it to be sent to the same place of application which was in Lagos

For anyone who has recently collected thier passports from Sheffield, did u have to go to Abuja to pick it up?
Re: UK Spouse Visa/Appeal Process-part2 by MrsAdebiyi: 11:33pm On Oct 16, 2014
Ikato3540:


@Shelair & everybody in the house,

I still haven't received my passport back. Different officials at Sheffiled told three different things.

The first told us the passport has been dispatched since 3rd October, the second told us the passport was dispatched on the 14th October; while the third apologised and said they just dispatched the passport yesterday. undecided undecided undecided well, my husband and I have decided to go with the last information.

I want to know if We would be contacted to come and collect the passport.

Also Sheffield informed us in one of their emails to us that the passport has been sent to Abuja, despite our request for it to be sent to the same place of application which was in Lagos

For anyone who has recently collected thier passports from Sheffield, did u have to go to Abuja to pick it up?



@ikato3540 : pls can u share ur application timeline I.e when did u apply , what were the supporting documents returned to ur husband , when was the visa issued . Also will be interested in where u r collecting the passport thanks
Re: UK Spouse Visa/Appeal Process-part2 by Ikato3540: 5:46am On Oct 17, 2014
MrsAdebiyi:



@ikato3540 : pls can u share ur application timeline I.e when did u apply , what were the supporting documents returned to ur husband , when was the visa issued . Also will be interested in where u r collecting the passport thanks

@Mrs Adebiyi

Settlement visa applied for on Christmas Eve 2013.

Date of refusal:28th February 2014

Passport collected on March 11th 2014 from VFS Ikeja

Appeal submitted 26th March 2014

19 week deadline date given: 19th September 2014.

Refusal overturn: 16th September 2014
Re: UK Spouse Visa/Appeal Process-part2 by willwin2: 8:26am On Oct 17, 2014
Hello mates, I am going to court, what should be expecting from Sheffield, I was told they have only returned the bundle, are they not suppose to give reason y they maintained their decision, or we will just go to court and deal with the two reasons I was refused on at first.
Re: UK Spouse Visa/Appeal Process-part2 by bassy10113: 3:53pm On Oct 17, 2014
Hello house....got my spouse visa today...

My Timeline

Application submitted online on 26th of June 2014

Biometrics at Vfs oregun on 2 july 2014

Supporting document sent on 6th of july 2014

Supporting document received at sheffield on 7th july 2014

Supporting document received back from sheffield on 30th September 2014

Passport received on 17th october 2014

Visa issued since 11th september.

Thanks house for the comment....all the best to those waiting.


Plz will there ask for my TB test result at my point of entry....cux sheffield sent it along with the document they sent to my spouse....will he need to mail it to me....thanks

4 Likes

Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 4:30pm On Oct 17, 2014
@bassy, great news, I had a feeling they'd awarded u the visa. Even the UKBA can't be mean enough to ask someone they've refused to fill in a questionnaire! ! smiley
Re: UK Spouse Visa/Appeal Process-part2 by Whales1212: 7:45pm On Oct 17, 2014
bassy10113:
Hello house....got my spouse visa today...

My Timeline

Application submitted online on 26th of June 2014

Biometrics at Vfs oregun on 2 july 2014

Supporting document sent on 6th of july 2014

Supporting document received at sheffield on 7th july 2014

Supporting document received back from sheffield on 30th September 2014

Passport received on 17th october 2014

Visa issued since 11th september.

Thanks house for the comment....all the best to those waiting.


Plz will there ask for my TB test result at my point of entry....cux sheffield sent it along with the document they sent to my spouse....will he need to mail it to me....thanks

Congrats to you! Pls I want to know,did you eventually get a mail that your application was ready or got a text? Or you just went to application center to check,will appreciate your response. Thanks
Re: UK Spouse Visa/Appeal Process-part2 by bassy10113: 8:21pm On Oct 17, 2014
Whales1212:


Congrats to you! Pls I want to know,did you eventually get a mail that your application was ready or got a text? Or you just went to application center to check,will appreciate your response. Thanks


Thanks....i didn't receive anything....i called teleperfomance customer care line...to make enquiry if my passport is back...and the lady asked for my GWF num and my name...and she said if it's back that she wud call back in 5mins time and if not she will call me later in the day to tell me where my passport is....and luckily she called me after 5min telling me that my visa has been back since last month....but they were having issues since I applied with VFS..and they were unable to contact me cux they don't have my phone number......I saw so many applications there....yet to be collected.....so it's better to call that line to track ur application cux they ain't updating that ukvac-ng website again.
Re: UK Spouse Visa/Appeal Process-part2 by Whales1212: 8:28pm On Oct 17, 2014
bassy10113:



Thanks....i didn't receive anything....i called teleperfomance customer care line...to make enquiry if my passport is back...and the lady asked for my GWF num and my name...and she said if it's back that she wud call back in 5mins time and if not she will call me later in the day to tell me where my passport is....and luckily she called me after 5min telling me that my visa has been back since last month....but they were having issues since I applied with VFS..and they were unable to contact me cux they don't have my phone number......I saw so many applications there....yet to be collected.....so it's better to call that line to track ur application cux they ain't updating that ukvac-ng website again.

Omg!why are things always done this way? I asked you because you applied the same day as my girlfriend and been waiting for an update,I even submitted documents before you did. I will love it if you can provide me with the number,pls.
Secondly, do they open on Saturday? Really weird the way things are done,I haven't got my documents back though. Thanks in advance.
Re: UK Spouse Visa/Appeal Process-part2 by Ikato3540: 8:47pm On Oct 17, 2014
bassy10113:



Thanks....i didn't receive anything....i called teleperfomance customer care line...to make enquiry if my passport is back...and the lady asked for my GWF num and my name...and she said if it's back that she wud call back in 5mins time and if not she will call me later in the day to tell me where my passport is....and luckily she called me after 5min telling me that my visa has been back since last month....but they were having issues since I applied with VFS..and they were unable to contact me cux they don't have my phone number......I saw so many applications there....yet to be collected.....so it's better to call that line to track ur application cux they ain't updating that ukvac-ng website again.

@Bassey, can you please send me the number you called to enquire about your passport please?

Also did u have to go to abuja to collect or was this in Lagos?
Re: UK Spouse Visa/Appeal Process-part2 by ineedhimbadly: 10:16pm On Oct 17, 2014
@ Justwise and Girlflo - what is your opinions on this case, I know your name is Justwise but I feel like you do not know much about 320. Take a look at this.

n the case of Mumu (paragraph 320; Article 8; scope) Bangladesh [2012] UKUT 143 (IAC) Judges of the Upper Tribunal Storey and Lane have dismissed an appeal against a refusal under paragraph 320(7A) of the Immigration Rules. This reads as follows:

(7A) Where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts had not been disclosed, in relation to the application.

The tribunal finds, perhaps rather unsurprisingly given the text of the rule, that the deception need not be that of the applicant and dismisses the case under the Immigration Rules. Note, though, that the tribunal explicitly records that dishonesty is required. An invalid document or a document that is marred by a mistake is not necessarily a dishonest one that would be caught by paragraph 320(7A). On the facts of this case the dishonesty was established: the false document in question deliberately misstated the appellant’s age so that she wrongly appeared eligible for a spouse visa at a time that the rules (unlawfully) required her to show she was aged 21.

The tribunal also addresses the suggestion that the appeal should be allowed on human rights grounds notwithstanding the deception.The argument that it was pointless to dismiss the appeal because a future application would succeed (paragraph 320(7C) would exempt the applicant from refusal under paragraph 320(7B)) was rejected, as was the inverse contention that the current appeal should now succeed because there was a risk of future refusal under paragraph 320(11).

The possibility that a case with different facts might succeed on human rights grounds was, however, explicitly left open:

Nothing in what we have just said should be taken to amount to a finding that it will never be disproportionate in Article 8 terms to uphold a decision under paragraph 320(7A). Each case ultimately turns on its own facts. There may well be cases where, despite the public policy issues inherent in paragraph 320(7A), it would nevertheless be disproportionate to refuse entry clearance. The point we wish to make, however, is that the effect of 320(7B) and 7(C) is not such as to cause paragraph 320(7A) to be “read down” in a general way.

This case is notably a relatively rare example of the section 108 procedure being used, where an appellant’s representative is excluded from the hearing room while evidence of forgery is examined. One assumes the safeguards in OA (alleged forgery; section 108 procedure) Nigeria [2007] UKIAT 00096 were observed.

Close on the hooves of Mumu followed another case on paragraph 320 deception, that of Singh (paragraph 320 (7A) – IS151A forms – proof) [2012] UKUT 00162 (IAC). In this case UTJ Lane, sitting alone this time, deals with one of the increasingly frequent cases of alleged non-disclosure on a Visa Application Form (VAF). The slightest mistake on a VAF seems to trigger these dishonesty refusals at certain entry clearance posts.

Mr Singh had previously overstayed in the United Kingdom. He had then attempted to make a Tier 1 application which had been rejected. He made a voluntary departure and as he did so he was served with an IS151A form on the ‘flight-side’ of the airport when he was randomly encountered.

In making an application to return to the UK some time later, Mr Singh had answered ‘yes’ the question on the VAF about whether he had made a previous application in the United Kingdom and provided the date of application and the Home Office reference number with which he had been issued. He answered ‘no’ to the question about whether he had previously been refused a visa to the UK or any other country. This was a correct answer as he had been refused leave to remain, not entry clearance, colloquially known as a ‘visa’.

Despite this, First-tier Tribunal judge I F Taylor felt that there was some sort of ‘in the round’ deception by Mr Singh. The Upper Tribunal had no hesitation overturning this finding, describing the judge’s approach as ‘an excessively harsh test’.

This left the remaining question of whether Mr Singh’s negative answer on the VAF to the question about whether he had been ‘otherwise required to leave’ the UK or any other country. UTJ Lane found that the UK Border Agency had failed to establish their case, which was that Mr Singh had been served with a document that would actually require a person to leave the UK.

The appeal was therefore allowed.

Even if the relevant document, an IS151B, had been served, some might question whether such service at the departure gates really amounts to ‘requiring’ a person to leave. It suggests a certain amount of wishful thinking at the Border Agency and it also casts considerable doubt on removal statistics. I wonder how many supposedly ‘enforced’ removals in the immigration statistics are actually cases like that of Mr Singh, where the migrant is served with papers when they are in truth making a voluntary departure?
Re: UK Spouse Visa/Appeal Process-part2 by bassy10113: 10:33pm On Oct 17, 2014
Whales1212:


Omg!why are things always done this way? I asked you because you applied the same day as my girlfriend and been waiting for an update,I even submitted documents before you did. I will love it if you can provide me with the number,pls.
Secondly, do they open on Saturday? Really weird the way things are done,I haven't got my documents back though. Thanks in advance.



Sup

This is the number I called...014535191...just call them and tell dem u want to know where your passport is.
Re: UK Spouse Visa/Appeal Process-part2 by bassy10113: 10:37pm On Oct 17, 2014
Ikato3540:


@Bassey, can you please send me the number you called to enquire about your passport please?

Also did u have to go to abuja to collect or was this in Lagos?

014535191
Hi...this is the number...the lady told me to go to Etiebet house..
Re: UK Spouse Visa/Appeal Process-part2 by sunnychic: 10:50pm On Oct 17, 2014
@girlfio : u are wrong oh. They we're mean enough to send me same questionnaire after refusing me. Lol.

girlfio:
@bassy, great news, I had a feeling they'd awarded u the visa. Even the UKBA can't be mean enough to ask someone they've refused to fill in a questionnaire! ! smiley
Re: UK Spouse Visa/Appeal Process-part2 by Whales1212: 11:31pm On Oct 17, 2014
bassy10113:




Sup

This is the number I called...014535191...just called them and tell dem u want to know where passport is.

Thank you,will do just that.
Re: UK Spouse Visa/Appeal Process-part2 by Nobody: 11:42pm On Oct 17, 2014
Please where did you submit your supporting documents too? DHL it or with uk oregun?Thanks


quote author=bassy10113 post=27223421]Hello house....got my spouse visa today...

My Timeline

Application submitted online on 26th of June 2014

Biometrics at Vfs oregun on 2 july 2014

Supporting document sent on 6th of july 2014

Supporting document received at sheffield on 7th july 2014

Supporting document received back from sheffield on 30th September 2014

Passport received on 17th october 2014

Visa issued since 11th september.

Thanks house for the comment....all the best to those waiting.


Plz will there ask for my TB test result at my point of entry....cux sheffield sent it along with the document they sent to my spouse....will he need to mail it to me....thanks[/quote]
Re: UK Spouse Visa/Appeal Process-part2 by bassy10113: 5:22am On Oct 18, 2014
Sup...my husband sent it through mail in Uk


Bolssos:
Please where did you submit your supporting documents too? DHL it or with uk oregun?Thanks


quote author=bassy10113 post=27223421]Hello house....got my spouse visa today...

My Timeline

Application submitted online on 26th of June 2014

Biometrics at Vfs oregun on 2 july 2014

Supporting document sent on 6th of july 2014

Supporting document received at sheffield on 7th july 2014

Supporting document received back from sheffield on 30th September 2014

Passport received on 17th october 2014

Visa issued since 11th september.

Thanks house for the comment....all the best to those waiting.


Plz will there ask for my TB test result at my point of entry....cux sheffield sent it along with the document they sent to my spouse....will he need to mail it to me....thanks
Re: UK Spouse Visa/Appeal Process-part2 by justwise(m): 7:18am On Oct 18, 2014
ineedhimbadly:
@ Justwise and Girlflo - what is your opinions on this case, I know your name is Justwise but I feel like you do not know much about 320. Take a look at this.

n the case of Mumu (paragraph 320; Article 8; scope) Bangladesh [2012] UKUT 143 (IAC) Judges of the Upper Tribunal Storey and Lane have dismissed an appeal against a refusal under paragraph 320(7A) of the Immigration Rules. This reads as follows:

(7A) Where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts had not been disclosed, in relation to the application.

The tribunal finds, perhaps rather unsurprisingly given the text of the rule, that the deception need not be that of the applicant and dismisses the case under the Immigration Rules. Note, though, that the tribunal explicitly records that dishonesty is required. An invalid document or a document that is marred by a mistake is not necessarily a dishonest one that would be caught by paragraph 320(7A). On the facts of this case the dishonesty was established: the false document in question deliberately misstated the appellant’s age so that she wrongly appeared eligible for a spouse visa at a time that the rules (unlawfully) required her to show she was aged 21.

The tribunal also addresses the suggestion that the appeal should be allowed on human rights grounds notwithstanding the deception.The argument that it was pointless to dismiss the appeal because a future application would succeed (paragraph 320(7C) would exempt the applicant from refusal under paragraph 320(7B)) was rejected, as was the inverse contention that the current appeal should now succeed because there was a risk of future refusal under paragraph 320(11).

The possibility that a case with different facts might succeed on human rights grounds was, however, explicitly left open:

Nothing in what we have just said should be taken to amount to a finding that it will never be disproportionate in Article 8 terms to uphold a decision under paragraph 320(7A). Each case ultimately turns on its own facts.
There may well be cases where, despite the public policy issues inherent in paragraph 320(7A), it would nevertheless be disproportionate to refuse entry clearance. The point we wish to make, however, is that the effect of 320(7B) and 7(C) is not such as to cause paragraph 320(7A) to be “read down” in a general way.

This case is notably a relatively rare example of the section 108 procedure being used, where an appellant’s representative is excluded from the hearing room while evidence of forgery is examined. One assumes the safeguards in OA (alleged forgery; section 108 procedure) Nigeria [2007] UKIAT 00096 were observed.

Close on the hooves of Mumu followed another case on paragraph 320 deception, that of Singh (paragraph 320 (7A) – IS151A forms – proof) [2012] UKUT 00162 (IAC). In this case UTJ Lane, sitting alone this time, deals with one of the increasingly frequent cases of alleged non-disclosure on a Visa Application Form (VAF). The slightest mistake on a VAF seems to trigger these dishonesty refusals at certain entry clearance posts.

Mr Singh had previously overstayed in the United Kingdom. He had then attempted to make a Tier 1 application which had been rejected. He made a voluntary departure and as he did so he was served with an IS151A form on the ‘flight-side’ of the airport when he was randomly encountered.

In making an application to return to the UK some time later, Mr Singh had answered ‘yes’ the question on the VAF about whether he had made a previous application in the United Kingdom and provided the date of application and the Home Office reference number with which he had been issued. He answered ‘no’ to the question about whether he had previously been refused a visa to the UK or any other country. This was a correct answer as he had been refused leave to remain, not entry clearance, colloquially known as a ‘visa’.

Despite this, First-tier Tribunal judge I F Taylor felt that there was some sort of ‘in the round’ deception by Mr Singh. The Upper Tribunal had no hesitation overturning this finding, describing the judge’s approach as ‘an excessively harsh test’.

This left the remaining question of whether Mr Singh’s negative answer on the VAF to the question about whether he had been ‘otherwise required to leave’ the UK or any other country. UTJ Lane found that the UK Border Agency had failed to establish their case, which was that Mr Singh had been served with a document that would actually require a person to leave the UK.

The appeal was therefore allowed.

Even if the relevant document, an IS151B, had been served, some might question whether such service at the departure gates really amounts to ‘requiring’ a person to leave. It suggests a certain amount of wishful thinking at the Border Agency and it also casts considerable doubt on removal statistics. I wonder how many supposedly ‘enforced’ removals in the immigration statistics are actually cases like that of Mr Singh, where the migrant is served with papers when they are in truth making a voluntary departure?

Do you know the difference between 320(11) and 320 (7A)?

Since I knew nothing about 320(11) does it also mean that your immigration lawyer know nothing about 320 (11)?

Anyway good luck with which ever decision you decided to take. My apologies for getting involved in your case. Was only trying to help because my ID was mentioned.

All the best.
Done.
Re: UK Spouse Visa/Appeal Process-part2 by girlfio: 8:38am On Oct 18, 2014
@ineedhimbadly Although the UKBA must follow immigration law, each case is handled differently depending on the circumstances of the applicant, this case does not appear to match the rules stipulated in your case.

None of us here claim to be experts, we just offer advise based on our own experiences. If you are not happy with the responses you're getting, you might want to seek advise from your lawyer or an external immigration service.

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