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Travel / Re: Uk Visa - Visa Appeal Process by Vengagirl: 11:57pm On Dec 17, 2009
Thanks both, I will seek further advise if needed nearer the time.

segzeybaba I live in London, where do you live?
Travel / Re: Uk Visa - Visa Appeal Process by Vengagirl: 9:07pm On Dec 16, 2009
Nairagurl and Segzeybaba. many thanks for your support and advice, I will as you both have said.

I will start by ensuring that the account where my salary is paid into has a balance of at least £500 each month.

With regards the accomodation though, I bought a property 2 years ago which I currently let out, however my plan now is when he comes over I will move there for us to live.

My current council property is a one bed flat and my younger brother lives with me. How do you suggest I play that with the ECO? They may say there is overcrowding (3 people in a one bed appartment) if I use my current residential status, I guess I can tell the ECO that my brother currently lives with me but my plan when my husband joins me is to move to the property I bought? I have all the paperwork regarding the property which I can show them.

The council is aware that my brother currently stays with me and I am currently considering adding his name to the tenancy agreement.
Travel / Re: Uk Visa - Visa Appeal Process by Vengagirl: 12:02am On Dec 16, 2009
Segzybaba I have checked the immigration website and I came across the section below under s320 of the innigration rules, I really do not understand what that means.

(13) failure, except by a person eligible for admission to the United Kingdom for settlement or a spouse or civil partner eligible for admission under paragraph 282, to satisfy the Immigration Officer that he will be admitted to another country after a stay in the United Kingdom;
Travel / Re: Uk Visa - Visa Appeal Process by Vengagirl: 11:14pm On Dec 15, 2009
Segzybaba many thanks for the useful information. If he is subsequently banned under 320(11) contrived to significantly frustration immigration rules as you have stated, what is the way round it? Is there anything we or I can do to correct that from my end?

I am aware of the meeting the accommodation and maintenance requirements and as such I have a seperate account where I have a substantial amount of money. However, the bank statement where my salary is paid is not healthy at all ( although I have a good job and I have been working for the past 11 years now with no recourse to public fund myself) and I don't know if I should submit that with the application when I apply or just submit the healthy bank statement and support it with my payslips? I will travel down to attend the interview with him as well once he's given a date. Someone told me that settlement visa applications are now being dealt with at Abuja is that true? As we live in Lagos, it would mean that we would have to fly to ABJ for the interview.

The accomodation won't be an issue either as I have a council property where I live.

Do you have any advise for me regarding the submission of my documents to the ECO after we marry?

Thank you.
Travel / Re: Uk Visa - Visa Appeal Process by Vengagirl: 12:44am On Dec 15, 2009
Hello,

My fiance applied for student visa in 2008 before we started dating, he was refused on the grounds that he supplied a forged WAEC certificate. He appealed but he never heard the outcome of the appeal (I think he appealed after the 28 day period). Although he said he kept calling the AIT but they keep telling him they are still looking into his case.

When we started dating, I went to Nigeria to see him and I encouraged him to apply again. He has family member here in the UK, he got a eltter of invitation from his sister who lives here, she also gave him copy of her passport which has her leave to remain (or work permit) I can't remember, her house agreement and letter of invitation. I also submitted a copy of my passport, rent statements, contact of employment, letter of invitation and payslips and he stated the reason for his visit as coming to see his sister and fiancee.

He applied in October 2009 for a family visitor application and his appliation declined on the basis that he has not satified the immigrations rules set out in paragraph 41 and Paragraph 320(7B) and s370 (7B) of the immigration rules which deals with situations where an applicant has previously breached an immigration rule. His family visitor application was declined based on a previous student application he made in 2008. It was in the delcine reasons that they informed him that his student visa appeal was declined even though he did not reeive any document to that effect. The ECO then stated that even though my fiance says he appealled, he did not provide them with the outcome of that appeal.

As such he was told that all subsequent applications will be declined until 2018 ( I know the immigration rule is to exclude persons from the UK who provide forged documents as part of their application submission for 10 years).

He was given a right to appeal (as he had applied for a family visitor application). I asked him how he obtained the WAEC certificate and he explained that a Man who works in WAEC told him that he could provide him with a replacement WAEC certificate ( the guy then provided the WAEC certificate). His waec certificate was lost and he did not know that waec don't furnish replacement certificate. The issue here is his result has not been falsified on the certificate. His result was exactly the same as what he scored in the exam.

I encouraged him to appeal so I drafted an appeal letter on the following grounds

-Explained how he had met the member of staff who claim to work in WAEC
- Explained the fact that if he was aware that the certificate was forged he would not have gotten involved
- Explained the fact that his result on the certificate was not falsified ( so this was not a grade boosting exercise)
- Explained the fact that he has other family members who travel to the UK and return and they have not made UK their homes (becoming illegal immigrants)
- He provided his employment letter and landed property letters
- He was not notified that his student visa appeal was turned down.


I then sent the letter to the AIT here in the UK by registered post. I told him that we should opt for oral hearing but he did not want to stress his sister even though she actually agreed that he should appeal and explain how he obtained the waec certificate.

We have not heard from the AIT since the appeal was filed and I do know that it does take sometime.

I am very worried as we will be getting married soon and I know that after marriage when he applies for spousal visa his previous issues will come up. ( Although I am british) but I have heard of cases where application has been declined. But then again I have heard of worse cases where a spouse is granted a settlement visa even where the man had lived in the UK and had issues with police.

I really do not want to relocate to Nigeria now but my partner keeps telling me that if we apply after marriage and he's not granted I will have to come to Nigeria. I have contacted immigration consultants and their fee is just ridiculously high.

I am dying with worry every passing day with this 10 year ban hanging over his head (depending on the outcome of the recent appeal), although I am trying to be positive by saying that he will be granted a settlement visa, however even I am unsure what the status is for an applicant who has been excluded from entering into the UK for 10 years if such applicant then gets married to a British citizen.

Can anyone in the house please put me out of my misery by offering any useful hints and tips that would help solidify our case for when we make an application after marriage?

Thank you.

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