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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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Married to Cuban Citizen 4 years. (1st Nov 2007) Civil Cuban

Resolved Question:

Married to Cuban Citizen 4 years. (1st Nov 2007) Civil Cuban Marriage. Been together 7 years. Met her while on holiday in Cuba. She has children does not want to leave Cuba. Is supported by my friend (am proxy). Proof available. Has to be sent via Canadian Transfers. £200 pm. She does not work. Many attempts have been made to acquire 5 multiple year tourist visa for, his wife only, to visit UK for periods of 1 month or up to 2 months. Always denied. Always more forms to be completed which seem to go astray. Recently wife attended the British Cuban Embassy (My British friend was not allowed past the gate). Apparently, there are no records of their previous applications and they have to start from the very beginning.... again.

He has proof that he has sent the application forms (Photocopies and photocopied enclosures) Is there a way to expedite matters?

Applications can take many years they have been told. Is this correct?

As she has children in Cuba and does not want to live in this country - does this not prove she will only be a visitor?

Any help would be appreciated
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 3 years ago.
Have the applications been made through agents? If so then there is a possibility that the agents have taken your money and failed actually lodge the applications which would explain the lack of records at the embassy although if she has received formal refusal letters from the Embassy then really they should have a record of the applications.

Yes, if you can show that you send money out and so for the duration of the visit she will be adequately maintained and also that she has her children back in Cuba that will compel her to return at the end of the visit then her visas should be allowed. What are the reasons cited on the refusal notices? Have you ever lodged an appeal against any of these refusals? Were any of them in the last 28 days?

If not, my advice would be to make a fresh application through solicitors in the UK who specialise in UK immigration and can ensure that your application meets the rules. Take to them the previous refusals so that they know what they are working with and why it has been refused previously. This will help them to ensure that they address these points in the new application. If this application gets refused again, lodge an appeal with the Tribunal in the UK within 28 days of the refusal. It will probably take about 6-9 months to get to a hearing but if you actually do meet the rules then this may be a better way forward than repeatedly paying to make fresh applications.

The Embassy staff do not always read the applications properly and so the best chance may be to put it before an independent judge.

I hope this answers your question in which case please accept. If you require any further information, please ask.
Customer: replied 3 years ago.
Thank you - However, as stated in second paragraph He sent applications no Agency involved - He has copies of everything sent...

No Appeal as applications, upon enquiry, cannot be found - therefore, no decision upon which to appeal!!

My friend does not have funds to approach solicitors and there is no legal aid fund for such a matter.

I was expecting similar cases to be cited as examples and how their problems were handled and overcome.

Your advice has been less than helpful.

You did not read my note containing useful information and facts.

You wasted your time and my money - in my opinion.
Customer: replied 3 years ago.
Relist: Inaccurate answer.
There are no funds for solicitors.
He has to submit applications himself.
The 'goal posts' are forever extending.
There must be similar examples.
Someone must have overcome such obstacles
How?
Your answer was contrite, in my opinion, and we would not have used your site had he money for a solicitor - obvioulsy...
In this instance I feel my money has been taken for little to no service.
Customer: replied 3 years ago.
You did not answer the original question You did not read my enquiry properly If a person is contacting a solicitor on a website surely it is indicative that they have little to no funds for a high street solicitor. Can you please give me a breakdown of what my money was used for ? I do not consider I had any advice from a solicitor other than to be told to..... GO TO A SOLICITOR
I cannot and will not accept that you have answered my query correctly. You are an expert solicitor in UK Immigration Law, yet your answer was to go to a solicitor and for this I was charged £46.
I would like the name of the regulatory body to whom I can complain.
Please answer.....
Expert:  CharlotteSJ replied 3 years ago.
I'm sorry you were not happy with my answer but the way this site works, you do not pay unless you chose to accept the answer, which you have not. Therefore you have not paid any money for my answer. This site is also not intended to be used as a substitute for taking full legal advice. Were I taking instructions from you in my office, I would need a lot more information than you have provided in order to advise you fully. Many people use this site simply as a starting point of what to do rather than a complete alternative to legal advice.

Legal aid is available for this type of work, I regularly used to grant funding under the legal help scheme to prepare family visit visas. Legal aid for this level of work will be income assessed and so if you have been refused legal aid, it is probably because your friend's earnings are too high. It is based upon your last month's earnings and so if this varies from month to month, it may be worth him going again and being re-assessed should be not be able to afford to pay someone privately.

You said in your initial post that 'Many attempts have been made to acquire 5 multiple year tourist visa for, his wife only, to visit UK for periods of 1 month or up to 2 months. Always denied.' I took this to mean that the visa applications had been refused. I'm sorry if this was not what you meant.

If your friend has never received a decision then he needs to chase up the Embassy and if necessary lodge a formal complaint with the entry clearance manager. In my experience they are a lot more helpful than entry clearance officers. The contact complaints information for the Cuban Embassy XXXXX@XXXXXX.XXX. Applications can take weeks or sometimes months to be decided but shouldn't take years. If you have proof that your application was lodged then send this along with your complaint to the Embassy. Once you elevate your concerns to formal complaints, they are usually dealt with fairly quickly. You need to know what has happened with these applications before you can start considering next steps.

CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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