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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
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My spouse (Nigerian) has been refused a visa, Im a non-resident

Resolved Question:

My spouse (Nigerian) has been refused a visa, I'm a non-resident UK citizen what can we do to appeal against the decision. We beleive that we have provide more than adequate detailed information that was requested.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. You say you are non-resident, how much time per year do you spend in the UK please?
  • 2. Where otherwise are you based?
  • 3. Where is your wife based
  • 4. Have you been given leave to appeal the decision?

Kind regards.

Tom

Customer: replied 2 years ago.

Hi Tom,

 

In response:

 

1 - Not at all in recent years, only a handful of times since 2003

2 - Resident of Nigeria or our home in the Netherlands

3 - Nigeria

4 - Appeal hase been granted

 

Background info:

 

I live and work in Nigeria, wife is Nigerian, we have been married since March 2010 although we have been together since 2007 - documented and photographic evidence available

 

My spouse has been granted several Schengen visas and one RSA visa has never abused the visa conditions nor refused a visa untill now - all evidence provided with application

 

My Spouse has travelled regularly outside of Nigeria since 2007 has no desire to abscond. - evidence provided with application - further documented and photographic evidence available

 

When we are not in Nigeria we are at our home in the Netherlands

 

Has met my family outside of Nigeria whilst in Europe

 

Has family and financial ties back to Nigeria

 

I have supplied with the application all details about myself including photocopy of current passport and financial support

 

Have provided return flight confirmed reservation details to Europe

 

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

What were the reasons for refusal cited by the UKBA?

Are you yourself to return to the UK with your wife to settle permanently in the UK?

What evidence did you provide to show that you intended to return?

Kind regards,

Tom
Customer: replied 2 years ago.

Tom below are the ECMs refusal points (in italics) and my comments

 

In paragraph one, sentence three of the "Decision" the ECM states: -

 

"However you have not provided any evidence of your husbands' employment or the support he provides you."

 

This is incorrect, on both accounts; I provided a copy of my Contract Offer Letter c/w the terms and conditions of my employment. Also my spouse provided a current statement from her personal bank account held at the Zenith Bank in Port Harcourt Nigeria.

 

In paragraph one, sentence four of the "Decision" the ECM states: -

 

"You have not submitted any evidence of your husbands' personal circumstances and where he currently resides"

 

This is also incorrect, on three of the documents provided, those being the Nigeria Registrar's Certificate, BUPA documentation and my Contract Offer Letter, all clearly state my residence in Nigeria on the Shell Residential Area, Port Harcourt and my home in the Netherlands, in Amsterdam. The Contract Offer Letter, also clearly states the work location as being Port Harcourt, Nigeria.

 

Further to the above, my circumstances are as follows - employed as a Principal QA/QC Engineer, working for The Shell Petroleum Development Company in Nigeria. (SPDC)

 

In paragraph one, sentence five of the "Decision" the ECM states: -

 

"I am therefore not satisfied that you have shown that you have sufficiently strong ties with Nigeria and that you would be encouraged to leave the UK at the end of your proposed visit."

 

This is a fallacy my spouse has travelled outside Nigeria to many destinations, within Europe and South Africa and has never broken or abused the conditions of any visa granted. The dates of travel and destination were mentioned on the initial application also photocopies of the visas and the original passports which held the visas were provided - Why would she change and decide to abuse a UK issued visa?

 

Also provide were documents pertaining to land, five plots which she has purchased in Lagos and River States. Further to this my spouse has family ties, four sisters and two

brothers who reside in the Port Harcourt environs.

 

In paragraph two, sentence one of the "Decision" the ECM states: -

 

"You have stated in your visa application form that your husband will pay all the costs of your visit. On the evidence provided and for the reasons stated above I am not satisfied that he is able to do so."

 

This is incorrect, I provided both the terms and conditions of employment which state my net current day rate and another amount of approximately paid per calendar to cover logisitics in Nigeria. Also provided a current statement of my account held in the Netherlands, showing a healthy balance.

Expert:  Thomas replied 2 years ago.
Okay.

Just to be clear - your wife wishes to apply for a Visitor's Visa, correct?

Is your wife resident in the Netherlands? Does she have a job in the Netherlands?

Do you have family/friends in the UK who would be be willing to sponsor her (ie. to confirm they would pay the costs of any unforeseen expenses so that she need not access public funds)?

Tom

Kind regards,

Tom
Customer: replied 2 years ago.

Tom,

 

General/Family Visit Visa

 

She is not a resident nor does she work in the Netherlands

 

We will be travelling together, first to the Netherlands then to the UK. I will sponsor her fully.

 

She has no need to access public funds, she is fully covered under Bupa, for both medical and dentistry needs if required.

 

Regards,

John

Expert:  Thomas replied 2 years ago.
Hi John


My advice would be to submit a fresh application. Appeals can take quite a long time (longer than an application) and you cannot produce evidence that was not in existence at the time. If your appeal is refused you will be left with having to make a fresh application in any event.

You both need to draft statutory declarations, or the equivalent in the country where you will execute them (probably an affidavit) and submit them with your new application. In these statements you should cross refer to documentation which you should attach to the statements as exhibits.

In respect of the four points that the application has been rejected on I would advise the following:-
1. You should explain in detail where you reside and where you travel to/from in a given year as a result of your work crossing referring to your tenancy agreement for where you work and evidence of property title in the Netherlands, together with reference to the address on your contract of employment etc. . Refer to your Contract of Employment, Tax returns documentation and provide bank statements for the accounts you hold (not online self-printed ones) to demonstrate the income you earn and where it goes.

If you transfer money to your wife to support her then you should also both explain this and show the relevant transfers in your respective statements and bank statements.

If your wife lives on her own money then she should show where this comes from in the same way, explaining it in her statement and submitting bank statements showing the income.
2. If you have money in savings accounts then you should submit statements detailing the amounts and refer to this in your personal statement.
3. You have to try and show them that she has continuing obligations outside the UK in the country where she resides which will continue after the visit and therefore convince them that she is not a risk of overstay because she at present has compelling family and social/work ties to her resident country which mean that she will not attempt to secure a permanent stay here whilst she is visiting. Things like a letter from her employer stating she has a job (if she does) and is expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money she has available, letters from relatives/friends (ideally in the form of affadavits or at least with a copy of their passports attached to their statements) confirming any obligations she has to them or if they can speak to the fact that her permanent life is outside the UK.
4. You should make the point of he sound immigration history by providing a chronology of her legitimate travels and returns. Include this in her statement. You must make this point to them, they won’t read in to documents you submit.
5. Your statement must state the terms of the visit, that you are to return at the end of it, that although you are in a relationship with her you both know that she MUST leave at the end of the visit because it would harm the chances of any future application made to secure leave to remain on the basis of that relationship and that you will pay the costs of accommodation and unforeseen expenses (should they occur) so that no public funds need be accessed.
6. Ideally, you would also have someone in the UK execute a sponsorship declaration confirming they shall cover the costs of accommodation/unforeseen expenses but if you do not have this you should still be okay.

The key to a successful application is to lay it out for them in a structured organised way and to produce statements which cross refer to documentary evidence proving your eligibility. If you do the above and your statements cover the matters refused on they should grant the visa. Frankly I suspect they may have been particularly vigilant with the application because she is Nigerian. A great many Nigerian visitor’s overstay I’m afraid.

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Kind regards,


Tom
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Experience: BA (Hons), PgDip, Practising Solicitor
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