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Visa Appeal

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Visa Appeal

Post by 170308 » Fri Jul 04, 2008 3:37 pm

Hi all,
My husband and I got married in March in his home country of Albania, and applied for a Spouse's visa straight away. He waited 2 weeks for them to contact him with an interview date, which was in 3 weeks time. When he got there, he gave them all the documents as requested but was then told he had to return 6 weeks later for the interview. At the interview he was spoken to like dirt and asked a number of stupid questions. He was then told he would get an answer within 3 weeks. He was called up just before the 3 weeks were up and told to return to the Embassy to collect his passport in a few days time. It was then that they told him that his application was refused on the grounds that he overstayed and that our relationship is not genuine. We now have to appeal.
What we would like to know is how long the appeal process usually takes and what the chances of success are? We have been waiting a long time for this only to be refused at the end of it.
We have supplied all the documents they requested and followed the application process down to the letter.
What annoyed me is that they never bothered to interview me at all during this process and so how do they know what we have is not genuine?

Any advice will be much appreciated.
Thank you.

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Post by Wanderer » Fri Jul 04, 2008 5:58 pm

Did he overstay and was he honest about it in the application?
An chéad stad eile Stáisiún Uí Chonghaile....

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Post by paulp » Sat Jul 05, 2008 1:14 am

If you post the exact wording of the refusal, the other experienced members may be able to help you in addressing them. Otherwise, you can also search the forum. There is a wealth of past cases in there and solutions too.

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Post by 170308 » Sat Jul 05, 2008 4:27 pm

Thanks for getting back to me. My husband scanned the refusal letter and sent it to me but i dont know how to post it on here and its about 5 pages long!
Yes, he overstayed and I cant remember exactly what he put in the application but he couldnt remember his reference number from his previous appeals when he was applying for asylum.
I did try and browse the forum but due to its size, it would take me hours to get this info! Any ideas on how long the appeal process takes?

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Post by SuzMcFluz » Sun Jul 06, 2008 9:34 am

Sorry that your visa was refused, my husband and I are in exactly the same position. We got married in Ablania in December 2007, finally got and interview date at the Embassy for 28 February 2008 and my husband's visa was refused because they didn't believe we are in a genuine and subsisting relationship.

I put our appeal together whilst we were in Albania and we lodged it at the British Embassy in Tirana 4 days later (4 March 2008), the refusal decision has been upheld by the ECM and our case is now with the Asylum and Immigration Tribunal in London. We recieved the first correspondence from them on 17 April 2008, stating that our appeal had been lodged, and asking the Embassy in Tirana for their documentation to be filed by 24th June 2008 and soon after that date we would be contacted again. We have just received a second letter from Asylum and Immigration Tribunal (4 July 2008), advising us of a hearing date for 3 September 2008. So by the time our hearing date comes around it will be 7 months after our refusal!

My husband and I have had time to adjust to all this and take it on board, but it is very stressful and there are a million things we want to scream about.

I've left the UK for the time being and my husband and I are currently living together in Greece (where he's been living for the last 6 years), it is not an ideal situation but at least we are together.

I hope the above is helpful. Good luck with everything.

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Post by lesley15 » Sun Jul 06, 2008 11:17 am

I to am in same situation.My husband review has just this week been upheld am so upset as the reasons are so minor and i could have submitted some paper work to solve these reasons but our solicitor kept telling me to do nothing and that reviews are just part of process but reading this forum i feel if i had submitted details about reasons for refusal maybe the review could have been overturned,will never know now!!Have been given up to 23rd september for full hearing.Also solicitor is now saying i can add details to case but is it to late?

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Post by 170308 » Sun Jul 06, 2008 8:32 pm

Thanks for all the comments guys. I will find out more info 2moro when i go to see the solicitor and hopefully i will come back with some good news. The only thing i'm worried about is that they said there werent enough photo's of us together, that doesnt mean we're not in a genuine relationship, it means i hate having my photo taken and hate the outcome of the pictures! I have forced myself to have a few more done but we will have to see what they say....