posted
Most of you know this anyway due to FB, and my mum did kind of spill the beans when she posted here. However, I thought I would still create this topic in case someone in the future is googling about visa appeals. There is so much information out there about spouse visas, but very few on what happens if it is refused.
So, here goes my full story. Future people, feel free to email me with any questions or post on here, I have done a lot of research into immigration since our first visa (tourist) in 2008.
Today the British embassy visa section finally opened, and Sam was able to collect his passport.
We applied for a spouse visa March 2010, it was refused late May. Two reasons for refusal: 1) House not big enough. This point was ridiculous, I live in a four bedroom house, however they read it as three as they skipped over the part about our extension. I have a double room, my parents have a double room, as does my brother, leaving a single room that we can turn into a nursery. Besides, at the time of putting in the application, our son was only 5 months, so even if it was a three bedroom, there is no reason why a baby cannot stay in the room with his parents, as recommended by the world health organisation. I am now flat hunting, but wasn’t at the time as I was worried we would then fail due to finance.
2) The big one, 320(11), frustrating/ deceiving immigration services. This was because in Jan 2009 we put in for a tourist visa, this was before we married and before finding out I was pregnant. My parents sponsored him and we didn't mention me, we also said he will over be coming for three weeks in March 09. He got the visa in June (although it was done for May, they didn't bother actually letting him know it was done). By that time I was about six months pregnant, due late Sept. He came in July and plan on leaving Oct. Things didn't turn out like this, mid sept, just before the baby came, we put in for a certificate of approval to allow us to marry. We changed his flight to the day his visa ran out (early nov), naively thinking we might have the COA by then, and not knowing about having to put up notice of marriage. Nov was fast approaching, so we changed the flight to Jan, knowing it was an over stay, but trying to keep it as short as possible. We got the COA late December- it was dated mid Nov, but that's post for you. Due to Christmas time, Registry office couldn't fit us in until Jan, and didn't have an opening for a wedding until Feb 13th, which we took, changing his flight for a final time to feb 28th.
Anyway, I contacted a legal representative and met her in London. She filled out the appeal sheet and I put together the things she needed. Our appeal was handed in June. Then the wait began. Cairo was supposed to contact AIT (asylum and immigration) by 11th Nov about whether or not they were going to over turn, but that day came and went with no word. I sent countless emails that I never got a reply. In Dec AIT set a court date, March 3rd.
On Jan 20th, whilst I was in Cairo visiting, my husband got a phone call out of the blue from the embassy (we were in a taxi on the way to city stars at the time). They told him they are overturning the decision and to hand in the passport after the weekend. We did so and told to pick it up a week later. We decided to keep it secret until we actually had the visa in our hands, just because it felt too unreal. But of course things are never straightforward for us. On Jan 25th the Egypt protests began, the embassy closed 2 days before we were due to collect. I left egypt feb 17th, and have been obsessively checking to see when the visa section of the embassy will reopen. Yesterday I finally read the news I was waiting for, and now my husband will fly here April 2nd.
Someone on here told me about the site ukresident, I highly recommend it, and the legal rep I hired is a frequent poster on there (obviously that site is only useful for visas to the UK).
A decision overturn is a rarity, as it is pretty much them admitting they were wrong, which they don’t like to do. If you do not get an overturn, and have to go to court: Do NOT represent yourself, get legal help. At the court hearing your rep will battle it out with a rep from the home office. From what I have read it can be very intimidating as they try desperately to trip you up. The judge will then go away and give a decision usually within two weeks. If it is a no, you can appeal again or hand in a new application, if it is a yes the home office has 28 days to appeal it. Do not worry about this as I haven’t read a story where they have bothered. Once that time is up, you have to wait for England to contact Egypt. This takes time, but email a lot so they don’t forget. Once cairo have the news they will phone for the passport. Don’t expect to get the stamp there and then, we were told a week, but it can be more and it can be less. It really depends on what embassy it is.
Sorry for the essay! Just want to add thank you to every one who has helped me on here, I have had so many PMs with advice and support. Posts: 2573 | From: England | Registered: Jun 2008
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posted
already sent my mabruks but have another few MABRUK, MABRUK MABRUK
-------------------- If you don't learn from your mistakes, there's no sense making them. Posts: 15090 | From: http://www.egyptalk.com/forum/ | Registered: Jul 2004
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Congratulations! if you persevere it all works out well in the end. I love a happy ending!
Posts: 129 | From: In the land of plenty | Registered: Mar 2008
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so WK. do u recommend people going through the appeal to meet in Cairo and go to city stars? so that they will have the phone call in the taxi telling them congratulations that u won the appeal? Posts: 305 | From: egypt | Registered: Jul 2008
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Good News. I wish you a very happy new life as a family living together in the UK.
Posts: 3809 | From: Paradise | Registered: Mar 2003
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