UK Immigration Law
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I have been refused a fiance visa under paragraph 320 (7b), I have lodged an appeal. The ECM has until 21st Feb 2014 to respond. My question is, from your experience, is my case likely to proceed to court? The only point highlighted on the refusal notice is my continuing 12 months re-entry ban, due to expire on 14th Dec 2013. The ECO did NOT treat my UK fiance application as a UK fiance application. He or she treated it as a marriage visitor visa, which is wrong. As the fee I paid was substantially higher than a marriage visitor visa and my immigration specialist had prepared a really strong case, no docs were missing. The application had 'UK fiance visa' written all over it. The only thing they had to 'pick on' was the re-entry ban. This was issued following a refusal on entry on arrival last Dec 2013, whilst I was on a visitor visa.The immigration officer was not sure of my intentions to enter the UK on that occasion (14th Dec 2012), because I had previously stated that I was only staying for a month and stayed 5 months in total, therefore I didn't overstay. I left with over a month left on my visitor visa. Then tried to re-enter on 14th Dec 2013, as I had to rush home due to mitigating circumstances, so I was planning to reclaim my remaining possessions. I was not permitted entry and was sent back the same day.
Dear Howard,Thank you for your reply.Yes, I did apply for the fiance visa using the correct forms, which were the online VAF4A and Appendix 2 forms, plus all the supporting evidence and my immigration barrister's legal submissions. It took us two months to compile all the required info. I just would like another immigration specialist's opinion on the matter.Please see attached the refusal notice.What do you mean by an administrative review please? The appeal bundle is now on its way to the local British High Commission.I can apply after the ban expires, however that doesn't deter the UKBA from detecting another reason for the refusal. It's a rare circumstance, where all the odds seem in my favour. It's just a frustrating wait to get the decision overturned.I though administrative reviews only apply to student visas, with limited rights of appeal? And that all settlement visa have to be sent to AIT in Leicester first, before being reviewed by the local ECM. Can you kindly clarify this? Thanks.Please note, the refusal notice was not even signed nor dated.Kind regards.
Thank you for your reply.So can you confirm that they've treated my application as a marriage visit visa, as oppose to a UK fiance visa?The local high commission does have a contact number, but it's a nightmare to get through to the visa section, it's mostly busy, or they don't accept calls at all. And you cannot simply go there in person, as the security personnel are instructed not to admit clients without an appointment for an interview or otherwise. It took me 4 weeks, just to reclaim the remainder of my original documents off them, the last time. Moreover, they have proven to be stubborn already with the 12 months re-entry ban, therefore my gut instinct is not to give them a reason to take up the entire 19 weeks ECM review period.I personally think that they've deliberately taken this approach to refuse my application on the basis of the 12 months ban, although there's no way of proving it. As it doesn't make sense for an ECO not to understand or to 'mistake' a fiance visa application. They know the rules, it's just unfortunately they don't play by their rules.What's even more bizarre, is that they made me attend an interview and denied it on the refusal letter.Has the refusal got anything to with statelessness? I have been granted visas to the UK before (both visitor and student). I have never overstayed nor claimed benefits and my sponsor this time is an EU national exercising treaty rights in the UK, earning above 18,600 pounds per year, so he would be supporting me financially. And it's a breach of his human right, not to allow him to marry, if that was the case, is that correct? ThanksFinally, is this matter likely to proceed to a tribunal hearing or is it likely to be overturned by the ECM? (based on your experience) As what they've committed is an unlawful decision and it could land them in serious trouble. My barrister has prepared a strong appeals bundle; highlighting every mistake they've committed. I think it would prove to be a mammoth task for them to counteract those points, as they have to back up their claims.Many thanks.
My immigration specialist is a barrister with over 12 years experience, he cannot have committed such an error. Where does it say on the UKBA site that such rule exists?We haven't lived together for two years and we're not married, so we cannot go down that route.On the UKBA site, it says that a UK fiance visa is for those intending to marry a British citizen or a person settled there, which my sponsor is.Plus wouldn't the UKBA mention that I have applied under the wrong category on the refusal notice?
There has been a misunderstanding.My sponsor has been exercising treaty rights and HAS provided 5 years worth of bank statements, payslips, p60s, proof of previous addresses, to cover the whole period of 5 years, because he does not have an EEA residence card, but I was advised it is not a requirement to have such a card, as long as you can prove 5 years worth of supporting documents, proving that he has worked and lived in the UK for 5 years, which he has. So I doubt that the embassy has made a correct decision based on this information.Kind regards.
My apologies for my misleading statement. I am 100% satisfied with your last reply. Thank you.How do I revise my last rating, please?Many thanks once again and sorry for the misunderstanding.Kind regards.
Precisely. Thank you.I tried to give you a positive rating just then, but just answer said that I need to pay the amount for the question once again?
I apologise. That didn't used to be the case. I guess the site policy has changed. I will provide a positive rating next time.Many thanks for your help and inputs. Kind regards.
May I ask which country did your client apply from and what type of application it was for? (The one who got the decision overturned, by contacting the High Commission directly)Thanks.Kind regards.
I would like to ask:Is it common for the HOPO to withdraw on the hearing date or just before the hearing date for out of country appeals? Or is that more common with with appeals made inside the UK?Does entry clearance get issued if the HO withdraw on the hearing day for out of country appeals, please?Finally can you kindly clarify what the following article refers to? is it for appeals made within the UK, where there has been a trend for the Home Office to withdraw appeals?http://www.freemovement.org.uk/2013/04/10/withdrawn-decisions/Many thanks.