visitor visa appeal

[anjali suraj]

Hello,

This is my first posting and I hope to be more enlightened than I have been in the last 10 months by the UKBA.
My mom,an Indian,aged 61 years had her mult entry visit visa cancelled at terminal 3, Heathrow during entry in October last year. It was a 5 year multi entry visa till 2013. We appealed against this decision and the appeal was allowed by the First-tier tribunal judge-reinstate the existing multiple entry visa on May21st,2010.The respondent in the appeal was the terminal 3 immigration officer. 12 weeks have passed and we have had no letters or any form of intimation from the UKBA or British High Commission. As I was pregnant and nearing my due date in June, we tried through our local MP and the response that he received was that we need to get in touch with the british HC in UAE as that is where she was residing when she had applied for he visa. We contacted them via email and they replied after 2 weeks saying that they have 'sent her papers to Terminal 3 immigration as they have to make the decision as they are the ones who cancelled the visa.'

After a frustating >12 week wait we are none the wiser and I was wondering what I should be doing next or whom should I contact because the 12 week wait mentioned in the Home Office website has already lapsed. Anyone faced a similar situtation where the original visa has to be reinstated?Any advice as to what should I do next.

[sapvish]

Can you pls tel why was her visa cancelled if it was a valiud 5 year multiple entry visa?

[anjali suraj]

An immmigration officer cancelled her visa stating that her circumstances had changes since her application i.e she had resigned from her job. The judge reveiwed the situation and was very critical of the immigration officer's decision.

[Mr Rusty]

Is your mother still with you in the UK? If so, you should indeed contact Terminal 3 and get them to sort it out. How they will "uncancel" an ongoing multiple entry visa, as they don't have any facility to issue such visas, I haven't the foggiest idea. Granting someone leave to enter after previously refusing them entry is straightforward, but an IO can't grant more than 6 months LTE for any purpose. So that would cover her entitlement for the visit for which she was arriving, but doesn't re-instate her for further visits.
Please let us know what happens.

[anjali suraj]

No she was sent back to India. We were told the visa would be reinstated in 12 weeks time. It has been more than 15 weeks and still no word from anyone. If we try Border Agency it hits a dead end as they say we should contact the post from where it was issued. When we tried the embassy they said Terminal 3 officer should reinstate it. Big predicament and no idea where to go now.

[alikhan28]

Hi

We contacted them via email and they replied after 2 weeks saying that they have 'sent her papers to Terminal 3 immigration as they have to make the decision as they are the ones who cancelled the visa.'

Fax your allowed appeal determination to UAE embassy and ask your are waiting for yours call letter to submit passport for visa.They would send you a call letter to submit passport with allowed appeal.Then visa would be issued or reissued.Keep in touch with embassy and ask for call letter.

You can also call Embassy and ask for yours mother call letter.Ask yours MP to send an email to embassy to issue you call letter to submit passport for visa.

Also fax yours allowed appeal to Terminal 3 Officer.

Ali

[Mr Rusty]

No she was sent back to India. We were told the visa would be reinstated in 12 weeks time. It has been more than 15 weeks and still no word from anyone. If we try Border Agency it hits a dead end as they say we should contact the post from where it was issued. When we tried the embassy they said Terminal 3 officer should reinstate it. Big predicament and no idea where to go now.

I think the Embassy should explain to you how Terminal 3 can reinstate a multiple-entry visa, when the holder (and presumably her passport) are no longer in the UK, and what the appropriate endorsement would be. The trouble is, there seems to be nothing in the way of published guidance in such cases. It's probably not an every-day occurrence, so nobody knows what to do and they're all just passing the buck. Somebody should try and speak to the Entry Clearance Manager and say that a complaint will be raised unless rapid action is taken. Probably the simplest thing would be for the Embassy to issue another FOC visa for the balance of time left on the old one.
The Embassy may be right in stating that Terminal 3 have to grant her the Leave to Enter which she was refused when she last arrived, but that still leaves the cancelled visa, which only the Embassy can do something about, particularly as she is no longer in the UK.

[anjali suraj]

Thank you for your replies. Any co-ordinates on how we can contact this Entry Clearance Manager, or how a complaint can be lodged?

[Mr Rusty]

Thank you for your replies. Any co-ordinates on how we can contact this Entry Clearance Manager, or how a complaint can be lodged?

Extract from the British Embassy UAE website:-

"If you want to complain about the service you received from UK Border Agency in UAE, please address your complaint to the Entry Clearance Manager by e mail to visa.abudhabi@fco.gov.uk. You may alternatively post this correspondence and address it to the Entry Clearance Manager of the Visa Section at the Embassy address."

[anjali suraj]

Thank you. We had emailed at that email before and got this reply -

As the decision to deport you was taken from the Terminal 3, your papers have been forwarded to them to make the decision and keep you informed

Its been a good 6 weeks after we got this email and still no word from Terminal 3. The problem I have is that there is no face, contact number or postal address that I could get, to address the concerned people directly. Is there any entry clearance manager for Terminal 3 to whom we could complain?

Cheers.

[Mr Rusty]

Thank you. We had emailed at that email before and got this reply -

As the decision to deport you was taken from the Terminal 3, your papers have been forwarded to them to make the decision and keep you informed

Is there any entry clearance manager for Terminal 3 to whom we could complain?

Cheers.

Not as such. Immigration Offices at ports of arrival in the UK do not issue entry clearances, which is why you have the problem. Write to the Duty Inspector at Terminal 3. You have good grounds for complaint, as you are being given the run-around in the most disgraceful way by a bunch of know-nothing care-nothing simpletons. An indication of that is the reference in your quote above to "the decision to deport you". Your mother wasn't "deported", she was "removed" on the order of an IO. There's a world of difference, but such careless use of terminology suggests that no-one with an ounce of knowledge or responsibility has yet looked at this matter.

[pennylessinindia]

Have you tried calling terminal 3 not sure if this number works found it on the Net and ask them if they can give you an email id of someone senior
immigration Office Terminal 3 +44 (0)20 8745 6941/00/2
Other thought may be to contact her nearest BHC in India if she is still there and ask for any help - may be to write a letter to the ECM there explaining everything with copy of appeal notice etc

[fatah]

hello my father appealed against the british embassy's decision for not issuing a visit visa to come to uk as he has been in the last six years after appealing the embassy has send an email to come to the embassy for the visa to be issued my question is he orignally applied for a five year visit visa will they give him a five year or its up to them