settlement visa granted then refused a couple weeks l8r,HELP

[phvella]

hello,

i need help because i dunno wot to do now...im gunna tell exactly wot happend and then hopefully someboddy can help us and tell us wot o do....

i am brazilian and my fiance is english...i met her when i came to england 1st time in september 2007 for my gap year and i met her at the place i was working as a volunteer...she works there as well...since then we started a relationship.

i left england in july 2008 and in august she went to brazil to visit me and my family...she stayied in brazil for 1 month, when we decided to live together and get married.
so, i applied for my visa...unfornatelly we didnt have loads documents, but we thought wot we hand in hands would b enough...
then we sent over a letter from her uncle s as she was living with him at the moment, saying that we could live there, how his house is and all these things they ask for, signed and with his passport number as well,
plus a letter from my fiance saying how we met each other and when we decided to start a life together, a letter from friends and her family, photos, letters tht we sent to each other, all these things they want to prove we know each other and we are together.
but we d made some mistakes in this application form...1st as she was in brazil we sent a bank statement printed off internet, which they didnt accepted, and we said the family would support us in case we need, but they said it s not allowed plus we forgot to send any prove...
anyway, 2 weeks l8r the visa was refused...they because of these 2 mistakes...
we appealed, my fiance was already back in england...
with the appeal we sent more documents, paper slipts and a letter from my fiance s job, sayin tht she works full time, plus another letter from my boss when i worked there as a volunteer saying tht they want me as a full time as well, proving then tht i have an offer for when i get my visa, plus a letter sayin why we are appealing against the decision, and chosing a hearing for our case.
i came back to england in november 2008 and our hearing was in birmingham in february, we went to court with our documents...passport proving that my fiance went to brazil, the paper slips and a prove tht my fiance got a promotion, which means she cud easily b my sponsor till we get married and i have a job(which i have an offer), adding also the fact tht i was already in uk as a visitor for nearly 3 months and she was being already my sponsor in uk, as im not allowed to work.
on the day the judge decided to grant my visa and also the a immigration lawyer from the home office agreed with the judge decision based on all documents they had in hands.
then when for once me and my fiance started to plan our lives, applying to rent a flat to live on our own and plan our wedding, everything on the track for the start of our lives...then aprox 3 weeks l8r we get a letter saying that the visa was refused by an error of law from the judge.

im still in uk now, ready to go what suppose to be my new flat, but now i got to go back home and re-apply again once i get back...
im sorry if the story i jus said is too long, but i thought it wud b helpful if whoever is reading and willing to help knows the case.

so, now i would like to know what are my chances when i re-apply?
and what to i need to do now??
is anything tht i need to add in my application abt this refusal or i need to start it over again?
thank you before hand!

[sakura]

Who sent the letter, and can you provide details of what they wrote (i.e. what was the error)?

It is unclear which visa you applied for...was it a spouse (settlement) visa or a fiancé visa?

[Mr Rusty]

UKBA has the right of appeal against the judge's decision to overturn the original visa refusal. They don't usually bother unless there are good grounds in law for doing so.

You say that having been refused a visa, you came back to the UK. How did you do that? What did you tell the Immigration Officer you were coming back for? If you were granted entry as a visitor you must in any case leave within 6 months whether the Tribunal case has been heard or not. You have no other right to stay here, and the visa could not be granted while you are in the UK.

[phvella]

brazilians dnt need visa to come as a visitor to uk...so i came as i visitor to stay in wiv my fiance and family 4 christmas, my bday and her bday...
and at the airport my fiance was there to pick me up and after a few questions they said they were pleased to let me in...

[phvella]

and the judge said on the day of our hearing tht i wud need to go back to brazil to get the visa...i was aware abt tht

[phvella]

the visa i applied for was fiancee...
and the errors of law was tht the judge in the day didnt have enough documents to grant the visa, although, it was a COA mistake because they didnt send anything over to the court...
till the COA lawyer present at the hearing said it was their mistake

[Mr Rusty]

It's difficult to advise you whether you should apply again - if you had legal advice for your appeal hearing, you should ask your lawyer. You're probably going to need a lawyer for the Tribunal anyway.
Just thinking back to the original refusal of the visa, I wonder if you can quote from the Refusal Notice the actual Paragraphs of the Rules under which they refused you. The reason I ask that is because you say that you were refused because of inadequate evidence of your finances, and the need to rely on 3rd party financial support, but you presented evidence at your appeal to overcome these objections.
So was there something else? You say you were previously working in the UK - what was your immigration status here then? Did you overstay? Was there any mention of anything like that in the visa refusal? If so, UKBA may want to appeal because the judge has failed to deal with such matters.
That's purely a guess - but they don't appeal against judgements just for the fun of it. They must think they have a good reason, and you need to find out what it is before you think about applying again.

[phvella]

wen i worked here 1st time i worked as a volunteer...GAP year...and i had the voluntary work visa...plus i left uk nearly 3 month b4 it was due...

[phvella]

plus i have no records of anything...im completely legal and tht s the way i want to b...it s not worth either for me or my fiance me here ilegally...it wud jus make us struggle and a happy and wud prob never happen

[jei2]

My guess is that you were refused because the evidence you produced came after the initial refusal was made.

This is common on a number of entry clearance applications where insufficient evidece has been provided. It remains a point of debate and interpretation for many immigration judges.

Going back should be straightforward once you have all the correct documentation in place. Check with your lawyer. Or failing that scout around the forum for the correct evidence to provide..

[phvella]

ok!!!!
there was nuthin but a mistake...i took my papers to a solicitor today and she said tht i got my visa...
the refual wasnt against me...
the judge refused the appelin from the HO...
so i always had my visa!
thanks to everybody...
it s quite hard to understand i must admit...but im fine now...

[phvella]

ok!!!!
there was nuthin but a mistake...i took my papers to a solicitor today and she said tht i got my visa...
the refual wasnt against me...
the judge refused the appelin from the HO...
so i always had my visa!
thanks to everybody...
it s quite hard to understand i must admit...but im fine now...