My Uk Settlement Visa Refusal

[IMconfused]

Dear friends

I’ve read a few articles on this site and found them really helpful so I thought I would put up my story too, It is a bit complicated but any advise would be really appreciated.

I’m a South African citizen who went to the UK in January 2006 on a six months visitors visa from India (I was studying there) to visit my parents, my return date was supposed to be end of June, however my father met up in an accident in mid June. He sustained serious injuries and was in hospital for a about a month and a half. I then thought going back was not a good idea so I ended up overstaying my visa (by 2 years) at this time I was 18years old and I was scared and confused as what to do and who to contact for extending my visa because I thought that they would deport me and i did not feel it was wise to leave my parents in such situation. So I quit my studies and decided to stay.

In March 2007 I met my now wife (a British citizen), in July 2008 we got engaged and decided to get married in September 2008, by March 2008 we realised that we had to collect all relevant evidence such as itemised phone bills etc to put in an application, we couldn’t get married in the UK due to my overstay, and we were legally advised to come to South Africa and get married then apply for settlement visa from here (we thought doing it this way would take about 3 weeks-we were very wrong!!)

My wife is a sufferer of depression (her condition was improving in the UK to the point where the doctor was decreasing her medication), her condition here in SA is deteriorating to the point of admittig her to hospital; she remains with me throughout this battle, as she doesn’t want to leave me behind.

I applied for a UK settlement visa for the from south Africa in October 2008 , I had a choice of paper hearing and oral hearing, I selected decided to go for the paper hearing so that all the communication will be done by posts, I submitted the following evidence with my application:

· Photos

· Marriage certificate

· Itemised phone bills

· Wife/joint bank statement

· Letter from my wife’s parents (re: lodging and living expenses to be covered by them)

· Certified passport copy’s for my wife and her parents

· My wife’s payslips

· My father’s hospital notes and photos (re: his accident)

Shortly after this I found out my application was refused on the following points:

· Not satisfied about the length of relationship

· No evidence of savings or sponsorship (before meeting my wife)

· Limited funds available to wife

· Not satisfied with the size of the property

· No evidence as to why my wife can not settle in south Africa

· Not satisfied with the length of the overstay

· No proof of researching employment in the uk

By the end of November I submitted my appeal, with the following additional evidence:

· Letter and statement of the sponsor (who supported me before I met my wife)

· My wife’s parents property deeds (including size of property) and insurance documents

· Supporting letter from wife and doctors notes (re: why my wife can’t settle in south Africa)

· A letter from my wife’s parents AGAIN clearly stating that all lodging and living expenses to be covered by them

· A employment letter for my job in the uk

After submitting these documents we were soon notified that the appeal bundle has been sent to the uk where it will be reviewed by the tribunal to make the final decision.

It will soon be 6 months and we have not heard anything from the tribunal yet.

My wife is still with me in South Africa supporting me (mentally) for the past 7 months, she has sacrificed her uk life, her family, her friends and not forgetting her job where she was earning 1000-1200 pounds per month and now we don’t know WHAT TO DO, We have asked many people WHAT TO DO and most of them suggested that she should go back to the uk and push the case from there. But the problem is we have sent a letter to the tribunal and also mentioned in the appeal letter that she cannot travel in a flight on her own due to her panic attacks.

Friends I need your help. PLEASE

Any suggestions will be really appreciated… Thanks for your time

[7by7]

As you have submitted an appeal, you presumably have some sort of professional representation in the UK.

What is their opinion?

[mariner29]

I can point you in the direction of an adviser if you require help however we do not deal in appeals etc.

[IMconfused]

As you have submitted an appeal, you presumably have some sort of professional representation in the UK.

What is their opinion?

hey 7by7

i do not have have any legal rep because evrything happend in such a rush, i did'nt think it would be so complicated,

i was only given 28 working days to gether all evidence and submit the appeal.

and now since its been 5 months that ive submitted the appeal and when we phone the VFS in south africa they

dont have any clue whats happening with my appeal.

We have been advised by people that we should change the hearing from paper hearing to oral hearing and my wife should go back to the uk and be presnt at the oral hearing.

thanks for reply

[IMconfused]

I can point you in the direction of an adviser if you require help however we do not deal in appeals etc.

hey mariner29

yes please, i would be very greatful if you could do that for me.

as you can see how complicated my case is.

thanks for reply

[mariner29]

I have sent you a pm.

[IMconfused]

I have sent you a pm.

hey mariner

sorry for late reply, i got the details you sent me thanx alot

thanx.

[mikemin]

Dear friends

I've read a few articles on this site and found them really helpful so I thought I would put up my story too, It is a bit complicated but any advise would be really appreciated.

I'm a South African citizen who went to the UK in January 2006 on a six months visitors visa from India (I was studying there) to visit my parents, my return date was supposed to be end of June, however my father met up in an accident in mid June. He sustained serious injuries and was in hospital for a about a month and a half. I then thought going back was not a good idea so I ended up overstaying my visa (by 2 years) at this time I was 18years old and I was scared and confused as what to do and who to contact for extending my visa because I thought that they would deport me and i did not feel it was wise to leave my parents in such situation. So I quit my studies and decided to stay.

In March 2007 I met my now wife (a British citizen), in July 2008 we got engaged and decided to get married in September 2008, by March 2008 we realised that we had to collect all relevant evidence such as itemised phone bills etc to put in an application, we couldn't get married in the UK due to my overstay, and we were legally advised to come to South Africa and get married then apply for settlement visa from here (we thought doing it this way would take about 3 weeks-we were very wrong!!)

My wife is a sufferer of depression (her condition was improving in the UK to the point where the doctor was decreasing her medication), her condition here in SA is deteriorating to the point of admittig her to hospital; she remains with me throughout this battle, as she doesn't want to leave me behind.

I applied for a UK settlement visa for the from south Africa in October 2008 , I had a choice of paper hearing and oral hearing, I selected decided to go for the paper hearing so that all the communication will be done by posts, I submitted the following evidence with my application:

· Photos

· Marriage certificate

· Itemised phone bills

· Wife/joint bank statement

· Letter from my wife's parents (re: lodging and living expenses to be covered by them)

· Certified passport copy's for my wife and her parents

· My wife's payslips

· My father's hospital notes and photos (re: his accident)

Shortly after this I found out my application was refused on the following points:

· Not satisfied about the length of relationship

· No evidence of savings or sponsorship (before meeting my wife)

· Limited funds available to wife

· Not satisfied with the size of the property

· No evidence as to why my wife can not settle in south Africa

· Not satisfied with the length of the overstay

· No proof of researching employment in the uk

By the end of November I submitted my appeal, with the following additional evidence:

· Letter and statement of the sponsor (who supported me before I met my wife)

· My wife's parents property deeds (including size of property) and insurance documents

· Supporting letter from wife and doctors notes (re: why my wife can't settle in south Africa)

· A letter from my wife's parents AGAIN clearly stating that all lodging and living expenses to be covered by them

· A employment letter for my job in the uk

After submitting these documents we were soon notified that the appeal bundle has been sent to the uk where it will be reviewed by the tribunal to make the final decision.

It will soon be 6 months and we have not heard anything from the tribunal yet.

My wife is still with me in South Africa supporting me (mentally) for the past 7 months, she has sacrificed her uk life, her family, her friends and not forgetting her job where she was earning 1000-1200 pounds per month and now we don't know WHAT TO DO, We have asked many people WHAT TO DO and most of them suggested that she should go back to the uk and push the case from there. But the problem is we have sent a letter to the tribunal and also mentioned in the appeal letter that she cannot travel in a flight on her own due to her panic attacks.

Friends I need your help. PLEASE

Any suggestions will be really appreciated… Thanks for your time

[mikemin]

Hi it appears that in your statement that you knew prior to your visa running out that you were going to overstay and thats the way they will look at it, no appeal will go in your favour. believe me on this i have expieriance, one case was 4 thai nationals were on holiday visas here family members, they were in a car accident two were killed one was severly injured, the last one applied for an extention on thier visa IT WAS REFUSED. The home office will not tollerate an overstay ok thre four days but two years, you have no chance mate. But there is light at the end of the tunnel, the only way for a chance of consideration is to wait at least five years, its a sort of home office ban then re apply with everything, passports, paperwork, etc etc in place abd make an honest application, you will probably be allowed but will be monitered.

[ThaiVisaExpress]

You never gave us all an update ?

[IMconfused]

Hi it appears that in your statement that you knew prior to your visa running out that you were going to overstay and thats the way they will look at it, no appeal will go in your favour. believe me on this i have expieriance, one case was 4 thai nationals were on holiday visas here family members, they were in a car accident two were killed one was severly injured, the last one applied for an extention on thier visa IT WAS REFUSED. The home office will not tollerate an overstay ok thre four days but two years, you have no chance mate. But there is light at the end of the tunnel, the only way for a chance of consideration is to wait at least five years, its a sort of home office ban then re apply with everything, passports, paperwork, etc etc in place abd make an honest application, you will probably be allowed but will be monitered.

hey!

i knw i did overstay but when i left the uk ther was a law in place ANY ILLEGAL IMIGRANTS WHO LEAVES THE UK BEFORE 1ST OF OCTOBER WILL NOT HAVE A BAN TO RE-ENTER THE UK. and i overstayed because my fathers accident and i was too confused/scard to inform the HM, I recieved a post todays reagarding the appeal they said if i want to submit any more avidence then i must post it to the uk before 1 july 2009 so it looks like the hearing is gonna be abit quicker then i thort.

if you have any more advise plz let me knw.

THANX........

[rolypie]

Two year overstay!!!!!????? Surely you dont expect anything but refusal you Moron!Its people like you who have made applications for the uk increasingly more difficult. My heavily pregnant wife is at her whitts end waiting for her visa application to be passed and our application could not be more perfect.

Its looks like your just another waster who tried to screw the british system!!

I have no sympathy for you what so ever!

[ubonjoe]

Deleted a reply suggesting an illegal act and a reply to it.