Hello
Guest

Sponsored Links


Topic: absolutely GUTTED  (Read 3167 times)

0 Members and 1 Guest are viewing this topic.

  • *
  • Posts: 1769

  • Liked: 1
  • Joined: May 2007
absolutely GUTTED
« on: February 07, 2008, 02:27:48 PM »
Well, I am absolutely sick. My returning resident visa was denied.

I assume I will have to appeal. Can anyone point me in the right direction?


**edited to ask: has anyone recently appealed? What was your experience? Should we not appeal this and instead apply for other visa?
« Last Edit: February 07, 2008, 02:35:02 PM by sevans »


  • *
  • Posts: 1929

  • Liked: 0
  • Joined: Jan 2005
  • Location: scotland
Re: absolutely GUTTED
« Reply #1 on: February 07, 2008, 02:48:30 PM »
Oh no.  I am really sorry to hear that.  I hope things work out for you.


  • *
  • Banned
  • Posts: 14601

  • Liked: 4
  • Joined: Sep 2005
Re: absolutely GUTTED
« Reply #2 on: February 07, 2008, 02:52:16 PM »
You are going to need to post the reasons for refusal.

Vicky


Re: absolutely GUTTED
« Reply #3 on: February 07, 2008, 02:54:12 PM »
Adding to Vicky's note, you can scan in your GV51 and blacken out the reference number and names.

Your refusal would include all the appeal forms if they determined you had full or partial right of appeal....


Re: absolutely GUTTED
« Reply #4 on: February 07, 2008, 03:07:16 PM »
I'm very sorry to hear this!  :(  All the best sorting it out. 


  • *
  • Posts: 1769

  • Liked: 1
  • Joined: May 2007
Re: absolutely GUTTED
« Reply #5 on: February 07, 2008, 03:38:40 PM »
Thanks Vicky/Garry. Follow this link:

http://www.peterevansphotography.com/refusal.htm


 :( :( :(


  • *
  • Posts: 226

  • Liked: 0
  • Joined: Feb 2008
  • Location: England
Re: absolutely GUTTED
« Reply #6 on: February 07, 2008, 03:48:07 PM »
This is my second attempt at a reply  [smiley=bigcry.gif]

I am curious why you entered the country as a visitor and not a resident?  ??? I suspect that is where you went wrong but that is just a guess. Also hrm I am remembering being given forms I would need to fill out where I to leave the UK but I never had to use them as I have never left. Also that may have been in regards to my entrance visa not my IRL.


  • *
  • Posts: 1769

  • Liked: 1
  • Joined: May 2007
Re: absolutely GUTTED
« Reply #7 on: February 07, 2008, 03:56:00 PM »
This is my second attempt at a reply  [smiley=bigcry.gif]

I am curious why you entered the country as a visitor and not a resident?  

In 2005, we had no intentions of returning to live in the UK.


  • *
  • Posts: 226

  • Liked: 0
  • Joined: Feb 2008
  • Location: England
Re: absolutely GUTTED
« Reply #8 on: February 07, 2008, 03:59:13 PM »
Can I leave the UK if I have Indefinite Leave to Remain ?
There are a number of Home Office requirements that need to be met to keep your Indefinite Leave to Remain status. For example you are not allowed to spend more than 2 years outside the UK and you should consider the UK as your home. If you do not meet these requirements your Indefinite Leave to Remain status may be withdrawn.


http://www.legalcentre.org/index.php?category=11&submenu=22



  • *
  • Banned
  • Posts: 14601

  • Liked: 4
  • Joined: Sep 2005
Re: absolutely GUTTED
« Reply #9 on: February 07, 2008, 04:01:12 PM »
Mwyn, I know you are trying to help but sevans knows this!

sevans - you know where I am if you want help with the appeal.


Vicky


  • *
  • Posts: 1769

  • Liked: 1
  • Joined: May 2007
Re: absolutely GUTTED
« Reply #10 on: February 07, 2008, 04:34:01 PM »
Just a bit more information: we were hoping to use our close ties to the UK. I also sent this letter as explanation:

Statement describing why we left the UK and why we would like to return to the UK
My sponsor (and husband) is a British citizen. We have been married for 10 years and were settled in the UK when our oldest son was born. At that time, I was depressed and felt that I needed the support of my mother in the US to help me cope with the difficulty of having a newborn baby.

Therefore, we moved back to the US in September, 2003 with every intention of returning to the UK as my husband’s parents (my in-laws) get older and need more support from us. We have maintained very strong links with my husband’s family in the UK in the few years that we have been living in the US, and our visits with them have been for multiple weeks at a time.

Both of my children have British citizenship, and my husband and I would like them to grow up in the UK with their British cousins, aunts, uncles, and grandparents. My in-laws will rent one of their homes to us initially, which is located very close to my husband’s brother and his family. This will allow our boys to have constant contact with their cousins who are of a similar age.

The following members of my husband’s immediate family are all British citizens and reside in the UK. We have direct contact with all of them on a regular basis.

1. Mother: xxx
2. Father: xxx
3. Brother: xxx
4. Sister-in-law: xxx
5. Nieces: xxx

My husband and I are both employed. We have no debt other than our mortgage and living expenses each month, and are confident of our ability to earn enough money to support our family in the UK.

Please see enclosed documents as evidence.



  • *
  • Posts: 1769

  • Liked: 1
  • Joined: May 2007
Re: absolutely GUTTED
« Reply #11 on: February 07, 2008, 04:34:42 PM »

sevans - you know where I am if you want help with the appeal.


Vicky

Vicky, can you PM me w/ your rates, please?


Re: absolutely GUTTED
« Reply #12 on: February 07, 2008, 07:37:19 PM »
For those following this thread (along with our budding advocate community) the notation in the upper right corner says GV51 (FRA) 07/07.

This means General Visa (Full Right of Appeal) form current as of July 2007.

So sevans has the full appeal rights.  The ECO has cited paragraph 18 and 19, and has been very clever with the wording of these paragraphs.  ECO's are getting smart, and this is dead proof of it.

Having read the ECO's rationale, we can predict that the appeal will be difficult.  But thankfully, there's an alternate strategy which will work and accomplish the same objectives.  Possibly even cheaper than an appeal.  Definitely quicker.

Any budding advocates out there willing to identify the most certain strategy for sevans to regain ILR within, inside of, say a month or so?


  • *
  • Posts: 3821

  • Liked: 0
  • Joined: Jan 2007
  • Location: London
Re: absolutely GUTTED
« Reply #13 on: February 07, 2008, 07:38:34 PM »
For those following this thread (along with our budding advocate community) the notation in the upper right corner says GV51 (FRA) 07/07.

This means General Visa (Full Right of Appeal) form current as of July 2007.

So sevans has the full appeal rights.  The ECO has cited paragraph 18 and 19, and has been very clever with the wording of these paragraphs.  ECO's are getting smart, and this is dead proof of it.

Having read the ECO's rationale, we can predict that the appeal will be difficult.  But thankfully, there's an alternate strategy which will work and accomplish the same objectives.  Possibly even cheaper than an appeal.  Definitely quicker.

Any budding advocates out there willing to identify the most certain strategy for sevans to regain ILR within, inside of, say a month or so?



Apply for an ILE?
And if you threw a party
Invited everyone you knew
You would see the biggest gift would be from me
And the card attached would say
"Thank you for being a friend!"


Re: absolutely GUTTED
« Reply #14 on: February 07, 2008, 07:46:08 PM »
 ;)

Thanks, Mort!

That took about 1 minute.


Sponsored Links