Plea for help with spouse visa
Oct 17th 2012, 10:15 am
#1
Just Joined
Thread Starter
Joined: Oct 2012
Posts: 4
Plea for help with spouse visa
I am British, my wife is Sudanese. We have been married since May 2012 but we have a daughter who is nearly 3 now. But they both live in Sudan.
We applied spouse visa in June 2012. My wife has a reading a comprehending problems similar to dyslexia here in the UK. We supplied very short medical evidence from neurologist with visual measurement (not medical report as there is no any such thing over there); we also submitted a letter from her current school explaining the problem. However, her Visa application was refused on the grounds that she did not satisfy English test result. The ECO said the Dr did not clarify her condition, and the school letter was not clear enough to convince.
I made an appeal on my own in August 2012 with additional medical slip from an optician from same hospital, and more expanded letter from the school. I also put my own statement explaining her visual problems, the lack of patients' medical history in the country and the fact that she had no any reason to document the evidence until this occasion.
The Appeal court/Tier 1 informed they had already forwarded the appeal to British council in Kenya and the court will write me in Jan 2013 with hearing date.
Therefore, my questions are:
1. Is it really a must to have a solicitor to appear in the court as I have limited finance? If not do I have to make another statement for court appearance as I believe I have already done so.
2. Is there any chance that the ECM would look into and allow visa at some point before the hearing date? If so, how will they inform us about that?
3. During our visa application I had a 1 bed accommodation which was satisfactory/suitable for up to 3 persons; however, since then my wife became pregnant with our second child. So, Am I required to satisfy accommodation needs again due to our change of circumstances?
4. What new evidence do you suggest I must supply for the Tribunal to satisfy?
Thank you for your assistance!
We applied spouse visa in June 2012. My wife has a reading a comprehending problems similar to dyslexia here in the UK. We supplied very short medical evidence from neurologist with visual measurement (not medical report as there is no any such thing over there); we also submitted a letter from her current school explaining the problem. However, her Visa application was refused on the grounds that she did not satisfy English test result. The ECO said the Dr did not clarify her condition, and the school letter was not clear enough to convince.
I made an appeal on my own in August 2012 with additional medical slip from an optician from same hospital, and more expanded letter from the school. I also put my own statement explaining her visual problems, the lack of patients' medical history in the country and the fact that she had no any reason to document the evidence until this occasion.
The Appeal court/Tier 1 informed they had already forwarded the appeal to British council in Kenya and the court will write me in Jan 2013 with hearing date.
Therefore, my questions are:
1. Is it really a must to have a solicitor to appear in the court as I have limited finance? If not do I have to make another statement for court appearance as I believe I have already done so.
2. Is there any chance that the ECM would look into and allow visa at some point before the hearing date? If so, how will they inform us about that?
3. During our visa application I had a 1 bed accommodation which was satisfactory/suitable for up to 3 persons; however, since then my wife became pregnant with our second child. So, Am I required to satisfy accommodation needs again due to our change of circumstances?
4. What new evidence do you suggest I must supply for the Tribunal to satisfy?
Thank you for your assistance!
Oct 17th 2012, 10:19 am
#2
SUPER MODERATOR
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,133
Re: Plea for help with spouse visa
Hi there,
I'm confused - your post seems to be asking about a spousal visa for the UK, but you've posted in the Canadian immigration section?
If you can clarify which country you are asking about a visa for then I can move the thread if necessary.
I'm confused - your post seems to be asking about a spousal visa for the UK, but you've posted in the Canadian immigration section?
If you can clarify which country you are asking about a visa for then I can move the thread if necessary.
Oct 17th 2012, 10:21 am
#3
SUPER MODERATOR
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,133
Re: Plea for help with spouse visa
On second thoughts, having read your post again it seems you're definitely not asking about a visa for Canada, so I'll move the thread to the Moving Back to the UK forum in the hope that somebody there can help you.
Good luck.
Good luck.
Oct 17th 2012, 11:54 pm
#4
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: Plea for help with spouse visa
Hi lobby,
We successsfully argued an appeal on papers without the aid of a solicitor. Our application was under the old rulesand the ECO had very clearly made mistakes and not followed the official guidance. In fact when we spoke to a solicitor they said it wasn't worth appealing as they always failed and the solicitor also referred to completely the wrong rules when talking to me!
The ECM will not change their mind - that's pretty much a guarantee.
Appeals are to related to the original decision, you cannot provide "new evidence" (but can add supporting documents which the ECO could/should have asked for or which should not have been needed but further support your case). Likewise they cannot change the goalposts - the question is whether you qualified for a visa when you applied, not whether you qualify for one now.
I would send the tribunal a very carefully worded grounds of appeal letter, any supporting evidence which was already part of the application, the relevant letters / pages form the application where you explain the situation regarding her medical problem and any further documents you have collected since then which further back up the story (but bear in mind the judge needs to be happy that the original documents were sufficient).
Be prepared for a long wait - from intial application to visa in passport it took us about 50 weeks! (for the full story - see http://britishexpats.com/forum/showt...0#post10064050)
We successsfully argued an appeal on papers without the aid of a solicitor. Our application was under the old rulesand the ECO had very clearly made mistakes and not followed the official guidance. In fact when we spoke to a solicitor they said it wasn't worth appealing as they always failed and the solicitor also referred to completely the wrong rules when talking to me!
The ECM will not change their mind - that's pretty much a guarantee.
Appeals are to related to the original decision, you cannot provide "new evidence" (but can add supporting documents which the ECO could/should have asked for or which should not have been needed but further support your case). Likewise they cannot change the goalposts - the question is whether you qualified for a visa when you applied, not whether you qualify for one now.
I would send the tribunal a very carefully worded grounds of appeal letter, any supporting evidence which was already part of the application, the relevant letters / pages form the application where you explain the situation regarding her medical problem and any further documents you have collected since then which further back up the story (but bear in mind the judge needs to be happy that the original documents were sufficient).
Be prepared for a long wait - from intial application to visa in passport it took us about 50 weeks! (for the full story - see http://britishexpats.com/forum/showt...0#post10064050)
Oct 18th 2012, 1:55 am
#5
Back from India
Joined: Jun 2006
Location: UK
Posts: 793
Re: Plea for help with spouse visa
From the information given it does not look like the decision was incorrect the guidance is as follows:
Has a physical or mental condition preventing them from meeting the requirement
The exemption will apply only where someone has a physical or mental impairment which would prevent them from meeting the requirement. This could include an inability to learn English and / or to take a test. This is not a blanket exemption for everyone with a disability. Some people with disabilities will be capable of learning English and taking the test, however others will not.
To qualify the applicant must either:
be suffering from a long-term illness or disability that severely restricts mobility and ability to attend language classes; or
have a mental impairment which means that they are unable to learn another language.
Medical evidence must be provided by a qualified medical practitioner which specifies the disability and satisfies the ECO that the exemption is justified. Each application will be considered on its merits.
Where the Secretary of State considers that there are exceptional compassionate circumstances that would prevent them from meeting the requirement
Discretion should be exercised only in cases where there are the most exceptional, compelling and compassionate circumstances specifically relating to the ability of the applicant to meet the language requirement, circumstances should be assessed on a case-by-case basis. The expectation is that use of the exceptional compassionate circumstances exemption will be rare. Financial reasons will not be acceptable.
You may wish to seek the help of a CAB or a charity that represents persons with a similar condition to your wife. You could try posting on www.immigrationboards.com where you will get more specialist help - for free.
Has a physical or mental condition preventing them from meeting the requirement
The exemption will apply only where someone has a physical or mental impairment which would prevent them from meeting the requirement. This could include an inability to learn English and / or to take a test. This is not a blanket exemption for everyone with a disability. Some people with disabilities will be capable of learning English and taking the test, however others will not.
To qualify the applicant must either:
be suffering from a long-term illness or disability that severely restricts mobility and ability to attend language classes; or
have a mental impairment which means that they are unable to learn another language.
Medical evidence must be provided by a qualified medical practitioner which specifies the disability and satisfies the ECO that the exemption is justified. Each application will be considered on its merits.
Where the Secretary of State considers that there are exceptional compassionate circumstances that would prevent them from meeting the requirement
Discretion should be exercised only in cases where there are the most exceptional, compelling and compassionate circumstances specifically relating to the ability of the applicant to meet the language requirement, circumstances should be assessed on a case-by-case basis. The expectation is that use of the exceptional compassionate circumstances exemption will be rare. Financial reasons will not be acceptable.
You may wish to seek the help of a CAB or a charity that represents persons with a similar condition to your wife. You could try posting on www.immigrationboards.com where you will get more specialist help - for free.
Oct 18th 2012, 9:56 am
#6
Just Joined
Thread Starter
Joined: Oct 2012
Posts: 4
Re: Plea for help with spouse visa
Thanks for moving over to the right section. I am sorry did it accidentally as I am new to the forum. Thanks.
Oct 18th 2012, 10:20 am
#7
Just Joined
Thread Starter
Joined: Oct 2012
Posts: 4
Re: Plea for help with spouse visa
Hi lobby,
We successsfully argued an appeal on papers without the aid of a solicitor. Our application was under the old rulesand the ECO had very clearly made mistakes and not followed the official guidance. In fact when we spoke to a solicitor they said it wasn't worth appealing as they always failed and the solicitor also referred to completely the wrong rules when talking to me!
The ECM will not change their mind - that's pretty much a guarantee.
Appeals are to related to the original decision, you cannot provide "new evidence" (but can add supporting documents which the ECO could/should have asked for or which should not have been needed but further support your case). Likewise they cannot change the goalposts - the question is whether you qualified for a visa when you applied, not whether you qualify for one now.
I would send the tribunal a very carefully worded grounds of appeal letter, any supporting evidence which was already part of the application, the relevant letters / pages form the application where you explain the situation regarding her medical problem and any further documents you have collected since then which further back up the story (but bear in mind the judge needs to be happy that the original documents were sufficient).
Be prepared for a long wait - from intial application to visa in passport it took us about 50 weeks! (for the full story - see http://britishexpats.com/forum/showt...0#post10064050)
We successsfully argued an appeal on papers without the aid of a solicitor. Our application was under the old rulesand the ECO had very clearly made mistakes and not followed the official guidance. In fact when we spoke to a solicitor they said it wasn't worth appealing as they always failed and the solicitor also referred to completely the wrong rules when talking to me!
The ECM will not change their mind - that's pretty much a guarantee.
Appeals are to related to the original decision, you cannot provide "new evidence" (but can add supporting documents which the ECO could/should have asked for or which should not have been needed but further support your case). Likewise they cannot change the goalposts - the question is whether you qualified for a visa when you applied, not whether you qualify for one now.
I would send the tribunal a very carefully worded grounds of appeal letter, any supporting evidence which was already part of the application, the relevant letters / pages form the application where you explain the situation regarding her medical problem and any further documents you have collected since then which further back up the story (but bear in mind the judge needs to be happy that the original documents were sufficient).
Be prepared for a long wait - from intial application to visa in passport it took us about 50 weeks! (for the full story - see http://britishexpats.com/forum/showt...0#post10064050)
Oct 18th 2012, 10:21 am
#8
Just Joined
Thread Starter
Joined: Oct 2012
Posts: 4
Re: Plea for help with spouse visa
From the information given it does not look like the decision was incorrect the guidance is as follows:
Has a physical or mental condition preventing them from meeting the requirement
The exemption will apply only where someone has a physical or mental impairment which would prevent them from meeting the requirement. This could include an inability to learn English and / or to take a test. This is not a blanket exemption for everyone with a disability. Some people with disabilities will be capable of learning English and taking the test, however others will not.
To qualify the applicant must either:
be suffering from a long-term illness or disability that severely restricts mobility and ability to attend language classes; or
have a mental impairment which means that they are unable to learn another language.
Medical evidence must be provided by a qualified medical practitioner which specifies the disability and satisfies the ECO that the exemption is justified. Each application will be considered on its merits.
Where the Secretary of State considers that there are exceptional compassionate circumstances that would prevent them from meeting the requirement
Discretion should be exercised only in cases where there are the most exceptional, compelling and compassionate circumstances specifically relating to the ability of the applicant to meet the language requirement, circumstances should be assessed on a case-by-case basis. The expectation is that use of the exceptional compassionate circumstances exemption will be rare. Financial reasons will not be acceptable.
You may wish to seek the help of a CAB or a charity that represents persons with a similar condition to your wife. You could try posting on www.immigrationboards.com where you will get more specialist help - for free.
Has a physical or mental condition preventing them from meeting the requirement
The exemption will apply only where someone has a physical or mental impairment which would prevent them from meeting the requirement. This could include an inability to learn English and / or to take a test. This is not a blanket exemption for everyone with a disability. Some people with disabilities will be capable of learning English and taking the test, however others will not.
To qualify the applicant must either:
be suffering from a long-term illness or disability that severely restricts mobility and ability to attend language classes; or
have a mental impairment which means that they are unable to learn another language.
Medical evidence must be provided by a qualified medical practitioner which specifies the disability and satisfies the ECO that the exemption is justified. Each application will be considered on its merits.
Where the Secretary of State considers that there are exceptional compassionate circumstances that would prevent them from meeting the requirement
Discretion should be exercised only in cases where there are the most exceptional, compelling and compassionate circumstances specifically relating to the ability of the applicant to meet the language requirement, circumstances should be assessed on a case-by-case basis. The expectation is that use of the exceptional compassionate circumstances exemption will be rare. Financial reasons will not be acceptable.
You may wish to seek the help of a CAB or a charity that represents persons with a similar condition to your wife. You could try posting on www.immigrationboards.com where you will get more specialist help - for free.
