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Visiting visa whilst appeal is under process?

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LoveMyBaby786
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Posts: 147
Joined: Tue Jun 26, 2012 5:54 pm

Visiting visa whilst appeal is under process?

Post by LoveMyBaby786 » Mon Jul 01, 2013 4:20 pm

Is it possible for me to apply for a visiting visa for my husband to come over just for a month?
We have appealed the spouse visa deadline was 28 june 2013 but have yet not heard anything. Will this affect the appeal if I apply?
Id I apply for visit visa roughly how long does it take to hear back a result?
And lastly as I am currently on income support would my dad be allowed to sponsor my husbands visit visa as his father in law coming to visit me and our child?

Thanks in advance

Lucapooka
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Location: Brasil

Post by Lucapooka » Mon Jul 01, 2013 4:53 pm

Yes he can apply but it is definitely going to be refused. How do you expect your settlement application to be approved if you are living on benefits?

LoveMyBaby786
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Posts: 147
Joined: Tue Jun 26, 2012 5:54 pm

Post by LoveMyBaby786 » Mon Jul 01, 2013 7:51 pm

Lucapooka wrote:Yes he can apply but it is definitely going to be refused. How do you expect your settlement application to be approved if you are living on benefits?
I had a job when applied but then went on to maternity leave as was pregnant. After having our son I didnt return to work as there is noone to care for him childcare costs are expensive plus at a young age I wanted to be with my son.
I did not want to go on benefits but could not afford to leave my son elsewhere. Inshallah as he approaching 1 years old I will be able to get a new job whilst I try and get someone to care for him but how will my spouse visa be refused? I had a job at the time I applied and for a few months after before I went on maternity leave. Sorry for the long post but thought I would give some background information

batleykhan
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Post by batleykhan » Mon Jul 01, 2013 9:00 pm

If they make inquiries with your employers at the time of application, and the employers confirm you are no longer working, your visa may be refused.

Checks on employment, banks.Council , benefits office, and tax office are routinely carried out as part of the application process

LoveMyBaby786
Member
Posts: 147
Joined: Tue Jun 26, 2012 5:54 pm

Post by LoveMyBaby786 » Mon Jul 01, 2013 10:37 pm

batleykhan wrote:If they make inquiries with your employers at the time of application, and the employers confirm you are no longer working, your visa may be refused.

Checks on employment, banks.Council , benefits office, and tax office are routinely carried out as part of the application process
So does this mean our appeal is definately going to be refused because I am now on income support? :(

Lucapooka
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Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Jul 03, 2013 12:15 pm

If the FTT were to grant the visa on appeal (based on the original circumstances at the time of the decision to refuse), the post may then elect to refuse to issue the visa on the basis of a material change in circumstances since the refusal decision.
Entry clearance appeals are considered on the basis of the facts at the time of the original application not at the date of the appeal hearing. An allowed appeal means that the IJ has ruled that the ECO was wrong to refuse entry clearance not that the applicant is entitled to entry clearance.

If the applicant still wants to travel, the ECO should normally issue entry clearance within 8 weeks of receiving the determination unless:

there has been a significant and material change in circumstances since the refusal decision of which the IAC would be unaware; or

LoveMyBaby786
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Posts: 147
Joined: Tue Jun 26, 2012 5:54 pm

Post by LoveMyBaby786 » Thu Jul 04, 2013 8:14 pm

Thanks for the info. If I were to get a job within the next few weeks would it make a difference?

LoveMyBaby786
Member
Posts: 147
Joined: Tue Jun 26, 2012 5:54 pm

Post by LoveMyBaby786 » Mon Jul 08, 2013 10:29 am

LoveMyBaby786 wrote:Thanks for the info. If I were to get a job within the next few weeks would it make a difference?
Anyone please?

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