Weird letter from Brit High Com (visitor visa). Any advice?

[OL7MAX]

My aunt applied for a visitor's visa to come to the UK. She has an immpeccable visa history always staying within visa conditions (15 visits over the last 20 years) but she was turned down.

Anyway, we got a solicitor and a barrister, took it to the Immigration Appeals Tribunal and the judge took less than 10 minutes to decide the BHC was being stupid. He ordered that they give her a visa.

My question really is about what happens next. The BHC in India has sent her a letter stating:

This is with reference to your appeal dated xxx (she possibly sent them a letter requesting them to reconsider). The appeal was reviewed in light of the documents sent to support it and the Entry Clearance Officer has now decided to overturn the original decision and issue you a visa.

Please ensure you complete the appeal withdrawal form attached to this letter and submit the same along with your passport and this letter at the VFS office. Please do not submit a new application and you do not need to pay a visa fee.

The appeal withdrawal form says that "(I) withdraw the appeal against the decision of the Entry Clearance Officer". It goes on to say they need the completed form to send on to the AIT.

This confuses me. Why ask her to withdraw the appeal? Are they acting after receiving the IAT's judgement and trying to save face by saying they were going to give her a visa anyway? If so they are acting on her appeal so withdrawing it makes no sense. If they are acting on the judgement then it still doesn't make sense for them to ask her to withdraw her appeal.

Anyone know what they are up to?

[rainbow24]

It sounds to me like they don't know you have been to court and had a decision on the visa. They have probably realised that they have made a mistake previously, and have now overturned their decision and issued the visa. They are now asking you to withdraw your appeal, but you have already had it. I would take this form to a solicitor to be absolutely sure or you could email the BHC to ask them what the letter means.

Congratulations on the visa!!

[OL7MAX]

That's what I thought till I read the bit about them needing the form to send to the AIT.

Also, they overturned the decision, they say, based on documentation submitted with the appeal (so, they changed their mind based on the appeal?). So, wouldn't withdrawing the appeal involve withdrawing those documents?

[OL7MAX]

Further development ... would appreciate your thoughts.

Recap: She had applied for a 10 year multiple entry visa and the IAT Judge ordered she be given "the visa she applied for".

She hasn't gotten around to sending her passport in for the visa stamp. The BHC has now sent her another letter reminding her that they were going to give her a visa because they had reconsidered and changed their minds (not mentioning the judgement in Jan) and that in order to get the visa she had to
1) Provide a date of departure
2) Provide exact duration of intended stay
3) Provide date of return flight booking
and, get this, she has to report to them on her return.

My thinking is that their "reconsideration" is really a way of saving face ... or making their stats look good. Alternatively, it could be that they are angling to give her a single entry visa rather than the 10 year multiple she wanted (single entries make them more money over time, no?)

Does she really need to provide all of this or can she say: "Here's the court order, just give me my visa"?

[jes2jes]

OL7MAX:

She needs to provide all that has been requested. A simple ticket purchase would solve all the above problems (albeit questions) and also report to them when she returns from her visit. They want to know she's not coming over to stay permanently as some do with a VV.

My advise is for her to add a copy of the IAT judgement and highlight where they said she should be granted the requested duration of the entry clearance visa.

I don't think they want to save face but to make sure that people just abide by the rules of the category of visas they apply for. I have heard of many instances where most people have been asked to report to the BHC when they return from their journeys so that it really prove that their intention was not to stay in the UK permanently.

[OL7MAX]

jes2jes, thanks for your reply. Why do you believe that she needs to provide all that has been requested? Isn't the court order sufficient and don't they have to act on it without erecting further barriers?

Don't get me wrong, they haven't asked her to provide impossible documents. But why should she have to decide a date of travel now and why does she have to buy a ticket now? When she has the 10 year visa she may not choose to visit the UK this year, or the next, so asking for dates now is, I believe, being awkward. Or am I being hasty in thinking they are being a bunch of jerks?

Remember, she had a clean history but yet they refused her. She went to court and the judge made it very clear that their decision was not in the law and ordered them to change it. Is there a good reason she can't thrown her passport in their faces and tell them to "bloody stamp it ... or else"?

[samkma]

OL7MAX
I have nothing to say except a congrats to you and your aunty.
Arrogant, Partial and dearly beloved ECO's in all BHC and British Embassies must be taken to court and not only prove their decision was wrong also get them sacked

[Babujee]

Narrating similar experience and how it was resolved. Could be of help who may face such situation in future.

Despite complete and valid supporting documents my daughter's fiancé got a refusal letter from BHC in Bombay.

Reason: You have not provided proof of how you are going to support your self from the date you arrive in UK till you get married. Therefore your entry clearance is declined. You have the right to appeal, form enclosed.

This was so annoying as appeal would mean another six months.

So my daughter faxed a letter to EC Manager saying that your officer seems to have not even had a glance at the documents submitted wherein all proofs are available and that it is not fair to decline the application on no ground.
She than made a telephone call next day and insisted to speak to the ECO who took the decision though somebody else assured to look in to the matter.

Fourth day her fiancé in India got a call that they have issued him a call letter and that his visa is approved and once he receives the letter he should bring that along with passport for endorsement of visa. You do not have to pay fee for another time.

How strange...

Some time certain ECO behave so immaturely or perhaps purposely do so..!!!

So my advise is that if your papers are in order you must approach the Head of the ECO in first attempt before going for the lengthy process of an appeal.

[British]

Despite complete and valid supporting documents my daughter's fiancé got a refusal letter from BHC in Bombay.
You have not provided proof of how you are going to support your self.

my daughter faxed a letter to EC Manager saying that your officer seems to have not even had a glance at the documents submitted wherein all proofs are available.

somebody else assured to look in to the matter.

Fourth day her fiancé in India got a call that they have issued him a call letter and that his visa is approved.

I cannot stop laughing at the fat *** ECOs......... Shameful sequence of events, Indeed!

[OL7MAX]

I've advised her to go down the arrogant route of sending her passport to the BHC, with a covering letter cc her lawyer, telling them she jolly well won't play silly games.

She will explicitly point out that the judge made no mention of conditions and that if they wanted to impose any conditions on her, including but not limited to providing travel dates, they should serve notice on her that they are appealing the IAT decision. Should they not endorse the passport within the next 14 days she will promise to explore with her solicitor the option of bringing contempt of court charges against the ECO.

Morons!

I'll try to keep you posted.