Immigration question:
My husband has been refused settlement- entry visa saying that we did not supply enough evidence.eg my divorce sertificate, our marriage certificate, my contract of work, his work, my tenancy agreement, proof of our relationship, etc etc all of which were given and still no visa?? Sice then we have appealed, and on contacting the address to which the British Embassy in Tunis are supposed to have sent all the papers for the appeal and all our original document, all now seem to have disappeared. I have been advised that it would be better to reapply for another visa at the cost of another £644..or £750 if the changes have been implemented.Waht are we supposed to do if we have given them what was asked for on their website, which is the way it all has to be done, if only to be told that we haven't given them the proof?Where do we go from here ? And how long does the process take, as after 6 months of marriage we are still apart , and going crazy.
Responses:
Farida Dar's response
Unfortunately this is quite common for the Embassy to refuse a perfectly good application and cases such as this usually succeed on appeal if we are able to provide a copy of the original application that was made. In any event circumstances at the time of the decision is key, so if we are able to show that you satisfied the requirements at that time then all should be well. Do you have a copy of the application and all documents you sent? The fee went up to £750 on the 22 November 2010 (not good news for you either I imagine.)The only recourse to challenge or dispute this decision is by way of appeal only - so you are on the right track! However be mindful that every decision made will be kept on record and could effect any further or subsequent applications you make. So make sure that you have a good solicitor dealing with this. The appeal process will depend on when this case can be listed with the Tribunal (it is usually listed for a future date after communications between the Tribunal and visa section has taken place - usually 60 working days) After the hearing the Immigration Judge makes a decision which, if allowed is then sent to the visa section who process the papers and visa. if you require any further asistance in this matter I would be happy to help as I have extensive experience in this area. You can contact me (Farida Dar) at Leon Kaye solicitors on 020 7228 2020.
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