UK Immigration Law
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thank you charlotte - I think there is a glitch in JA's web site as it is still cutting in saying that the question has been thrown open - I have picked up yoru answer via my email address.
Your answer is broadly in line with my own thinking, which is heartening.
What is so galling is that, on my advice, she wrote to the Visa company that deals with Indo applications in Jakarta on the 28th June expalining her plans, including coming in late September to visit the two invitees and mentioning her provisional plans to come back in November if necessary to follow up any UK leads from her exhibiting at the jakarta and valencia fairs, both commitments being featured on the "what's new" box on the home page of her web site www.avisindo.com and asking for their advice regarding a multi visit business visa. Their response was short, they confirmed a six month multi visit business visa was a possibility, did not address any of the other issues she raised but merely referred her to the Govt web site. She was also required to apply on line with additional written submissions not being encouraged. The on line application form is not geared to a multi visit business application, provision is only made for one set of dates.
I am a Global Marketing Consultant - I also suggested that my motor home be utilised to travel around the UK as it serves as a mobile office and would afford flexibilty for getting to wherever the appointments were around the UK. the Clearance Officer decided that "this does not seem like an arrangement a global marketing company would reach and undermines the credibility of your application". Neither myself, nor my client has ever represented myself as a Global Marketing Company with the connotations of offices around the globe.
He then goes on to say that copies of emails from me were forgeries as the font of the header differed from the body text (this is actually not uncommon) and "I am therefore not satisfied that this email came from the purported author i.e. the leader of a Global Investment Company". again nowhere have I, nor my client, represented that I am a GlobaL Investment Company and I was indeed the author..
he also maintained that she produced no evidence to show she had been trading since 2005. She submitted her company documentation since 2006, wrote a covering letter on company headed note paper and included the company web site address as part of her sign off. The web site gives all the info on the company since its inception, covering all the points he says are not covered in evidence. copies of the invitations were included in her submission, were acknowledged but not commented on. The character reference, provided by the Company's Notary on her official stationery who has acted for the company since 2006, also carried no weight.
I will be writing in support of her complaint as my character has been impugned by his comments and also pointing out that the both my client and her Notary come from Cirebon with the Notary being a member of Cirebon's Royal family and my client is known socially to the family.
My question is now - does she write to the Entry Clearance Manager or the Officer with her complaint that the decison was founded in part on incorrect assertions, accompanied by a declaration made and signed in front of the Notary and endorsed by the Notary, and should my letter be sent with her submission or submitted separately.
I am conscious of the length of this communcation - but if I can get this matter resolved I will certainly be happy to pay more than the stated rate
I think I mentioned to you the strange co-incidence of the same names but different initials of the ECO and the ECM. I wrote to the ECM, signed and scanned in as an attachment, from my business email address, both supporting my client in her Formal Complaint and also lodging a Formal Complaint at the way assertions made by the ECO had impugned my character.
My client went in person to deliver her complaint to the British Consulate. When she then wrote asking for confirmation of receipt, since the only contact is via the email address of the company operating the Visa application office for the Border Agency, she did not receive a direct reply to her email. However a reply was sent to the Visa office instructing them to forward their email to an email address of my clients company, albeit not to her directly, nor to my company address
Please forward below message to Mr. A and Mrs. E G on her email address "info at ... "
Dear Mr. A and Mrs. E G,
Thank you for your e-mail on August 10th and your formal complaint letters on August 12th and August 15th 2011. Your correspondences have been passed to the Entry Clearance Manager from whom you will receive a substantive reply in due course. We aim to answer correspondence within 20 working days.
Who ever authorised this has picked up on the fact that, for confidence instilling purposes, I allow my company address to be used as a European Office address and my telephone number as the European contact. The email address quoted is one and the same as the above message was sent to and features on the company web site.
Whether I choose to allow my address to be used in this way surely does not give the BA the right to decide to which address they will reply - rather than replying to the addresses from which correspondence emanates - or does it? The conduct of the author of this email does not instill me with confidence that this Formal Complaint against the original refusal of entry decision will be considered impartially. What course of action do you advise me to take please
Well Charlotte - at last we have a visa! However it took until Friday morning to get the phone call to say that the passport was ready for collection that by the time my client got to Jakarta to collect it and deliver it to the Spanish Embassy it was too late for them to do anything other than inisist that an airline reservation should be produced before they will start processing the application on Monday. All very tight due to the delays by the UK and no guarantee that any decision will be made in time to fly out late this week. The biggest cause for concern is that the original refusal stamp remains untouched in the passport and I fear this could be a cause for further problems on arrival in the UK since the Border Agency ECM has not responded to any emails regarding the upholding of the Formal Complaint - does she have a right to a response? On the basis that the upholding of the Formal Complaint surely acknowledged that the original decision was a bad one why should it's existence still be recorded in the passport? Is my understanding that, in the case of a person convicted of an offence having their conviction quashed on appeal, all record of the offence and conviction is expunged from their records,correct? If it is why doesn't the same hold good in cases such as this? What can be done regarding this as surely now every application for a Visa will require a positive answer to be given to any "Have you ever been refused .." question with its potential repercussions. Does the overturning of an original decision following a Formal Complaint carry any weight as regards XXXXX XXXXX financial loss e.g. four trips to Jakarta or warrant a formal apology?
As always I look forward to your responses with interest.
Hi again Charlotte
Can I update you on this situation and ask a supplementary question please
I'll pick up on that and continue. She got her visa, but with the rejection in it and despite seven letters of complaint she never received a response or an apology. She has been to the UK twice since then but has to carry all her original paperwork with her in case an IO decides to pick up on her rejection stamp.
On my other topic my recommendation has spent the last three hours trying to get to you - having eventually managed to get onto the UK page she keeps getting snaffled by a guy called INC. This is despite starting her question For CharlotteSJ, for Charlotte SJ and in the supplementary saying "I only want to deal with CharlotteSJ". Whatever she tries she cannot get past INC - thinking she could if she clicked continue he now has £46 of her money sitting on deposit whilst she waits for him to respond. When he does he will be told AGAIN that he is NOT CharlotteSJ and he won't be paid as she only wants to deal with you.
I feel that you need to get Justanswer to sort out this sort of carpet bagging as you are being deprived of potential business brought on through my recommendations
With regard to my original questions, particuarly regarding payment - I think the easiest way will be for me to pay you an equivalent fee by way of bonus at the conclusion of this phase of questions as I am concerned that if I break the link I will have problems getting back to you.
I was so impressed with the fortitude of the lady in question and the way she handled all her aggravations that admiration led to a romance and, whilst in the UK, I proposed and was acepted. I checked out the situation with a designated Registry Office and, having viewed her visa, was told that there had been a change in the visa requirements in May concerning marriage and there was no problem with us marrying so a Notice of Marriage application was made there and then and duly issued on the expiration of the waiting time. On the second visit in late November we were married and then returned to her home at the end of her visit and I now go back and forth to the UK as my business dictates.
Her business visa expires in March, although no further visits are planned between now and then, but I now need to know as to what is her position regarding a visa for future UK visits - should she continue to apply for a business visa or is there another way now that we are married. There is no question of us coming to live in the UK and I will shortly take up permanent residence with her and will only come back to the UK a couple of times a year for family visits and to follow up on her business which I am becoming more involved in. As for me I currently continue to come and go on a twelve month business visa with maximum stays of up to 60 days on each visi,t which necessitates me being out of the country for a couple of days every two months.
Charlotte I am confused - When I last wrote I asked if you would be able to pick up the questions contained in the note below and you said Yes - but since then I ha ve heard nothing from you and the payment I lodged seems to have been taken against that reply i.e. you saying Yes!!
HERE IS THE QUESTION
Thank you - as I am still in the process of becoming a UK non-resident I think maybe we will have to go down the Business Visa route for the next one. WIth a track record of two business visits and a potential high profile UK customer in the offing I would hope that it will not be as difficult as last time! Once we have that one out of the way and everything else sorted then, hopefully, there should be no problem for an ongoing 10 year family visa.
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