Post
by kuko » Mon Jan 21, 2008 10:15 pm
My situation is my husband (who is Nigerian) and I have been together for 10 years on and off, but for the last 5 years continuous. We have 2 children aged 8 and 2. He has been coming to the UK on a business visa for over 10 years now and we met in Nigeria. After the birth of my last child we decided he should apply for settlement to save hassle coming in and out of country especially if taking children to Nigeria for visits. Both children have british passport. My husband initially applied for settlement in Lagos and was refused because they didn't believe he was single at time we married, they didn't think I was financially able to support him if he came to the UK. We appealed this decision and took it to the immigration court in Sheldon where the judge finally advise that if he obtained a letter from a solicitor notorised to say that he was free when we contracted the marriage, then if we were to reapply there should be no problem as I satisfied him that I was financially able to support us. My husband is an importer by trade and has all the relevant importers card, his company bank statements and all relevant documents to prove he was exporting from UK to West Africa. We reapplied (with new evidence ie a letter from solicitor and bank statements etc.) in October and he was interview at the end of November and was turned down again on the basis that he needed a letter from the court to prove he was single to contract a marriage and that because I am on Working and Family Tax Credit I was resorting to public funds. My husband wasn't happy with the decision as he said the ECO hadn't even bothered to look through his documents at all basically refused him as soon as he sat down for interview. The ECO told him he could complain to the ECM. My husband went to the court to get a notorised letter to prove he was single and then resubmitted his documents to the ECM. I also got in touch with my MP to see if they could put the message accross that WTC & FTC wasn't a benefit and that I still had an income aside to this. They sent a letter to UK Visa in Abuja and London and advised me to wait and see what the ECM replied. As this was over Xmas and the offices were closed for a while this ran over the 28 days to appeal in the UK. Eventually the MP wrote back with a response from the ECM stating that as no new evidence has been presented he is still being refused but his letter also stated that we have 56 days from the inital refusal on 30th November to appeal or present new evidence. What I am looking for now is advice on what I should do now? I am really desperate as my husband has been gone 14 months now and is stuck in Nigeria where he has no family to rely on and he has overstayed his welcome at his friends house. My children miss him desperately and the eldest son his school work is now being affected as he is slightly emotional about his dad whom he speaks to on a daily basis. My husbands business has now stopped as he has not been allowed to come to the Uk and carry on conducting his business. I am so so sad and don't know where to turn.
