Settlement visa - appeal not heard yet and wife is pregnant

Hi Everyone,

I was hoping to get some advise from the members of this forum on a my settlement visa that was refused. It was refused on the grounds that 3rd party support is not acceptable but i gather that this rule was overturned in 2009. Hence i have appealed the decision.

My issue is that i was not aware that an appeal would take more than 6 months to be heard, and my wife is pregnant in the UK and is due in 3 months time. I submitted my appeal in October and i am now very stressed due to this situation.

I hold a British National (overseas) passport.
Please suggest ways that i could make it in time for my wife's confinement. I'd really appreciate all your views. Thanks

It likely that the ECM review would have picked up on the error for a refusal arising from third party support, so one must assume that there is more to this refusal than you have stated (was this support sufficiently documented?). Can you give the exact text of the refusal notice?

With a BNO you may enter for a visit (for the birth) but can't apply for settlement from inside the UK (unless you were to do this outside the scope of the immigration rules). Given that you don't need to pre-apply for a visit visa, the settlement refusal may or may hinder your entry on arrival.

Hi and thanks so much for replying.

The exact decision was as follows:

" You have indicated that you have an offer of third party support from Mr. XXXX (Your spouse's Father). I have considered the personal and financial circumstances applicable to your individual application, and I also refer to AM (third party support not permitted R281 v Ethiopia UKAIT 00058 brfore Mr Justice Hodge, President. In his determinations and reasons he has stated that third party support is not permitted under paragraph 281(v) of The Rules'. Therefore, i have not taken in to accountthe financial support by a third party that you have indicated. Therefore i am not satisfied that the parties parties will be able to maintain your selves adequately without recourse to public funds (Paragraph 281(v) HC395 amended)

I have therefore refused your application because i am not satisfied on the balance of probabilities that you meet all of the requirements of the above paragraph(s) of the immigration rules."

This was the exact decision made. My wife is a British Citizen and I am a British National (overseas) currently residing in Sri Lanka. She has just graduated from University and is 6 Months pregnant, hence we got a letter from her father who mentioned in his letter that he would financially sponsor us and provide adequate accommodation. WE also provided his bank account statements where his salary was credited to and also proof of residency including his title deed of the property.

Appreciate if you could give me some advise over this and how i could make it on time for the confinement. I appreciate all your views. Thanks[/img]