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Settlement Visa refused, want to apply for a tourist visa?

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Jine
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Settlement Visa refused, want to apply for a tourist visa?

Post by Jine » Mon Apr 13, 2009 7:03 am

Hi,
My settlement visa was refused recently, my appeal had been forwarded about a week ago. I want to join my husband/sponsor on a tourist visa until I get a result from the appeal.
Like to know how a request for a tourist visa would be handled in a situation like this.

Note - In a tourist visa its a primary requirement to display "The applicant's intention to return at the end of the visa" am unsure whether its possible to display this when I'm a spouse awaiting Entry Clearance through a settlement Appeal?

On these grounds could my tourist Visa be rejected?

John
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Post by John » Mon Apr 13, 2009 8:37 am

On these grounds could my tourist Visa be rejected?
Highly likely. Indeed I would say that even paying the application fee would be a total waste of money.
John

Jine
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Post by Jine » Wed Apr 15, 2009 2:28 am

Hi,
Thanx for your comment John.

I shall also appreciate if an Immigration Lawyer in this forum can also give me some direction in this matter.

i) Can i please know a rough estimate of time for an ECO in the BHC locally may take to look at my appeal pack and reverse or uphold his earlier decision. What's the usual time line?

ii) What other options do i have to be with my husband even temporarily in the UK until my appeal is sorted out?

Thanx

UKBAbble
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Post by UKBAbble » Wed Apr 15, 2009 4:32 am

Your only option is to await the appeal or have your husband join you.

jei2
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Re: Settlement Visa refused, want to apply for a tourist vis

Post by jei2 » Sun Apr 19, 2009 11:02 am

Jine wrote:Hi,
My settlement visa was refused recently, my appeal had been forwarded about a week ago. I want to join my husband/sponsor on a tourist visa until I get a result from the appeal.
Like to know how a request for a tourist visa would be handled in a situation like this.

Note - In a tourist visa its a primary requirement to display "The applicant's intention to return at the end of the visa" am unsure whether its possible to display this when I'm a spouse awaiting Entry Clearance through a settlement Appeal?

On these grounds could my tourist Visa be rejected?

Don't even try it. As said before it will be a total waste - even attempting it could well jepoardise your current appeal.

Invest your time and money in communicating with your husband and keeping a record of it. Let him visit you - even a few days can make all the difference.

You could also spend some time taking a closer look at why you were refused and trying to address those issues in the appeal. That's if you get a sympathetic judge who will accept new evidence on an entry clearance refusal...

Your appeal will be dealt with here in the UK; it could take up to six months or more. It's very likely that it may have already been reviewed by the Entry Clearance Manager and the local decision upheld.

Final contingency plan... prepare new evidence and documentation for a new application in case your appeal is dismissed.
Oh, the drama...!

Jine
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Post by Jine » Wed May 13, 2009 5:36 am

Thanx jei2.

Me and my husband happen to check the status of our appeal with the British high commission in Sri Lanka and currently it seems that the appeal pack is somewhere in transit.
We were told that its sent to the UK to be recorded at the AIT and is sent back to SL.
We would like to know whether there's anything that my husband could do from the UK after its received by the AIT (at some point) to speedup the appeal process?
For example like meeting a MP for the designated area he lives in etc..could this be of any help?

Thank you

jei2
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Post by jei2 » Wed May 13, 2009 9:00 am

Hi jine,

An MP would usually only be involved in a particularly harrowing case that had dragged out over a long period of time. Your appeal is simply going through the standard process; it's going to take a bit longer than a month for it to be dealt with.

In theory there is nothing to stop you from putting in a second application (under the same or any other category) while your appeal is pending - but what happens if you get your tourist visa? You can't have two different types of visa so you would have to withdraw your spousal appeal. And as you quite rightly point out yourself, there is an element of "conflict of interest" in these two visas that might well prejudice your second application.

What were the grounds of refusal? Have you addressed those in your appeal?
Oh, the drama...!

Jine
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Post by Jine » Wed May 13, 2009 9:22 am

Hi,

Yes understand what you say on the tourist Visa Thanx.


We handed in our initial application in a hurry after wedding and we believed the provision of certain key pieces of info like a marriage certificate, bank statements etc.. were enough. It was not so.

On the refusal there were 4 area highlighted.
- Proof of continued contact
- That the marriage is genuine and intention to live together
- Property we plan to live in is suitable for occupation & spouse also occupies the same property
- Evidence of spouse's financial circumstances

On the appeal we considered each area closely and provided a list of evidences to refute each claim. So we believed it was a strong case for consideration by the ECO or ECM the second time around prior to it reaching the AIT. So we expected a positive outcome before 6months...handed in appeal on 08th April 09.

Thanx

jei2
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Post by jei2 » Wed May 13, 2009 9:46 am

Hmm.. if you politely request a review ("so sorry for the ommission, kissy kissy" etc) it may yield results.

Provided that the evidence you've supplied pre-dates the refusal decision (eg some old correspondence between the two of you that you forgot to put in), the ECO has to look at this - in an ideal world anyway.

Or are you saying that the ECM has already reviewed it with the addtional evidence and still refused?

In which case, make sure that you continue to collect evidence to show that you're still in contact - emails, letters, cards, phone bills, photos etc. If you use international call cards, some providers will give you a statement for a small fee.

And have patience... when you're in such a rush it can cause some suspicion among ECOs.
Oh, the drama...!

Wanderer
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Post by Wanderer » Wed May 13, 2009 11:34 am

To me it looks like the refusal was correct - the ECO judged on the documentation provided and if it wasn't enough he was right. I think I'm right in saying an appeal is only for when the ECO has made an error in law or judgement based on the evidence he had at the time.

I feel u'd have been better off just reapplying with better evidence - it's usually lots quicker anyway.
An chéad stad eile Stáisiún Uí Chonghaile....

jei2
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Post by jei2 » Wed May 13, 2009 2:33 pm

Wanderer wrote:To me it looks like the refusal was correct - the ECO judged on the documentation provided and if it wasn't enough he was right. I think I'm right in saying an appeal is only for when the ECO has made an error in law or judgement based on the evidence he had at the time.
I feel u'd have been better off just reapplying with better evidence - it's usually lots quicker anyway.
Wanderer I think you're confusing this with the request for reconsideration after the determination of the appeal hearing (where either party feels that the Immigration Judge has made an error in law). There are still a few grounds left for an appeal against refusal of entry clearance.

There's a reason the ECM can review the case before it goes to appeal; and that is to make sure the ECO's decision was correct.

Of course it might be better/quicker to submit a fresh application if Jine is keen to join her husband. And of course - more money in someone's coffers... :(
Oh, the drama...!

Jine
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Post by Jine » Fri May 15, 2009 5:12 am

Hi,

Thanx for the above two responses.

Also noted your comment on being in a hurry! :) I suppose the appeal is a slow process.

As we found out 'No' it seems that our appeal is still not looked at by an ECM, its still doing its rounds getting recorded in the UK and coming back. We were told it may be 4-6 weeks by the time it comes back to SL after getting recorded in UK (AIT) just to start evaluating it in SL!

Also would like to know

i) Could we now hand in additional evidence to further support the appeal (Like pictures, travel tickets etc..) would it be of any use or would it delay the overall process?
ii) Is it a prudent thing to put a new application now (pending appeal)? after gathering the load of new evidence (which we also handed over with our appeal) but we would reinvent the wheel...

Thank you

jei2
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Post by jei2 » Fri May 15, 2009 7:02 am

You can still hand in the evidence you left out of the initial application. A sensible ECM will look at it fairly and decide whether or not it's worth wasting the Immigration Judge's time on an appeal that is highly likely to be allowed. Bear in mind that any new evidence you obtained - after the refusal decision - might be disregarded at the appeal.

Like others suggest, I'm minded to collect both the old and new evidence and submit a fresh spousal application - if you don't mind spending the money. It might certainly be a lot quicker and less stressful.

But organise yourself properly if you do. Decide if you want to get it done fast - or get it done right. Have a look around the board to see what supporting evidence people have provided. If you get your visa the second time round, you can simply withdraw the appeal.
Oh, the drama...!

Jine
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Post by Jine » Tue Jun 02, 2009 2:16 pm

Hi,

Regarding my appeal.

It had been about 7+ weeks since I handed in my appeal with all the evidence (old evidence prior to refusal). Yet AIT have to-date not received my appeal documents to be recorded, while the BHC in SL claims to have sent it to UK via the Home Office by week starting April 20th.

My husband subsequently faxed the AIT form to the AIT, this seem to take time to be recorded in a system too..

We have thought to make a written inquiry/complaint to the BHC in SL asking them about a firm date of posting the docs to AIT and about the delay in receiving it by the AIT.
Is it normal to have such a long delay in receiving the documents by the AIT?

Want to also know whether
i) This would hinder the progress of the appeal by any chance?
ii) We could forward copies of the full appeal pack to the AIT, would this be of any help?

Thanks

mushucat32
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Post by mushucat32 » Sat Oct 31, 2009 6:47 am

Dear Jine

Can you please give an update as to your case in Sri Lanka. We are currently facing a similar situation lodging an appeal from sri lanka and you seem to be the only other person in this forum that has lodged an appeal from sri lanka.
Please have a look at my post for the details of our case-Post subject: Unmarried partner visa for UK-some help please??? URGENT

Im sorry but I dont know how to link on this board, you might need to do a search in the Immigration for family members forum.

looking forward to your update.

M.

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