Financial requirements....

[MC kaiser]

[/quote]

HO is chained up with their own guidance and if you are not from English speaking country/got the UK degree they have no discretion on this. Haven't you got NARIC red route degree comparability and English proficiency report??
[/quote]

1). Nigeria is an English majority speaking country.
2). My Wife has a bachelor's degree in English.
3). Our first application in July 2017 was refused due to not meeting the financial requirements. The first refusal letter stated she "met the English eligibility requirement" - so, what has changed?
4). My Wife meets the UK NARIC criteria.

[CR001]

Nigeria is not on the list of English test exempt countries.

https://www.gov.uk/english-language/exemptions

[seagul]

3). Our first application in July 2017 was refused due to not meeting the financial requirements. The first refusal letter stated she "met the English eligibility requirement" - so, what has changed?
4). My Wife meets the UK NARIC criteria.

Not possible because for entry clearance, A1 test is a mandatory requirement from many years. Maybe due to you not being able to meet the financial requirement which alone is enough for refusal the HO hadn't bothered to give you the reason of refusal on grounds of English language too.

[MC kaiser]

3). Our first application in July 2017 was refused due to not meeting the financial requirements. The first refusal letter stated she "met the English eligibility requirement" - so, what has changed?
4). My Wife meets the UK NARIC criteria.

Not possible because for entry clearance, A1 test is a mandatory requirement from many years. Maybe due to you not being able to meet the financial requirement which alone is enough for refusal the HO hadn't bothered to give you the reason of refusal on grounds of English language too.

They "hadn't bothered to give you the reason of refusal...."? Doesn't sound professional....

No. They Stated very clearly that she met the English eligibility requirement on the first application! Since it's mandatory, they would have made it clear on the refusal letter (not just on the financial requirement- shows inconsistency)

Besides, when reading this forum, many who have been refused the settlement Visa have also stated the many reasons of refusal and it has not just been on one reason. They will make it clear what other
Grounds it was refused on.

We have started the appeal in Nigeria and have requested a oral hearing. Also contacted my local MP who will take it further.

Thanks for your responses.

I will keep you all updated.

[MC kaiser]

Nigeria is not on the list of English test exempt countries.

https://www.gov.uk/english-language/exemptions

An update: the appeal was allowed by the Judge 18th September 2019.
The Home Office overturned the decision via email 9th October 2019.
I paid the Immigration Health Surcharge on 9th October 2019 and my Wife submitted her passport.

We have a 4 month old son who was born in Nigeria.

How can we get a British passport or a Nigerian passport for him to travel urgently?

And why is it taking so long to issue my wife's Visa?

[CR001]

We have a 4 month old son who was born in Nigeria.

How can we get a British passport or a Nigerian passport for him to travel urgently?

If you are British born (ie otherwise than by descent) the child can apply for a British passport (takes a few weeks from abroad). To apply for a Nigerian passport, your wife will have to sort that out but it does not allow your child to travel to the UK without proof of the right to reside/enter. You would then have to apply for a Certificate of Entitlement/Right of Abode, which costs a couple of hundred ££ and can also take a couple/few weeks.

And why is it taking so long to issue my wife's Visa?

It can take a few weeks.

[MC kaiser]

[/quote]
If you are British born (ie otherwise than by descent) the child can apply for a British passport (takes a few weeks from abroad). To apply for a Nigerian passport, your wife will have to sort that out but it does not allow your child to travel to the UK without proof of the right to reside/enter. You would then have to apply for a Certificate of Entitlement/Right of Abode, which costs a couple of hundred ££ and can also take a couple/few weeks.[/quote]


Thanks for your reply. Yes, I am a British born citizen.
I'm currently in Nigeria with my Wife and son.

How do I get a "proof of the right to reside/enter?

How do I apply for a Certificate of Entitlement/Right of Abode?

[CR001]

How do I get a "proof of the right to reside/enter?

That would be a visa which the child wouldn't qualify for if the child is British by descent.

How do I apply for a Certificate of Entitlement/Right of Abode?

https://www.gov.uk/right-of-abode/apply ... ntitlement

[MC kaiser]

/quote]
https://www.gov.uk/right-of-abode/apply ... ntitlement
[/quote]


Thank you. Apparently, my son's Nigerian passport can be done on the same day (fast track) at the passport office in Lagos tomorrow.

My only issue is how he will travel without a British passport since it takes some weeks to receive it?

[CR001]

My only issue is how he will travel without a British passport since it takes some weeks to receive it?

ou simply apply for the CoE with the Nigerian Passport instead of applying for the British passport. The CoE is placed as a sticker in his foreign passport. Once the child is in the UK, then apply for a British passport. Without a British passport or Certificate of entitlement (CoE) etc, he won't be allowed to travel or even board the plane.

[MC kaiser]

[/quote]
ou simply apply for the CoE with the Nigerian Passport instead of applying for the British passport. The CoE is placed as a sticker in his foreign passport. Once the child is in the UK, then apply for a British passport. Without a British passport or Certificate of entitlement (CoE) etc, he won't be allowed to travel or even board the plane.
[/quote]

Thank you. You have been very helpful. We will go to the passport office tomorrow.

I just hope my wife's Visa will be issued soon.

I will keep you updated.

Thanks again.....

[MC kaiser]

[/quote]
ou simply apply for the CoE with the Nigerian Passport instead of applying for the British passport. The CoE is placed as a sticker in his foreign passport. Once the child is in the UK, then apply for a British passport. Without a British passport or Certificate of entitlement (CoE) etc, he won't be allowed to travel or even board the plane.
[/quote]

An update.....my Wife's UK Visa Entry Clearance has been issued. She has collected it from the Visa Application centre in Lagos and has to be in UK by the 28 November 2019. This therefore would mean my Wife leaving our son behind.....

How long does it take to get a CoE for our son to travel?

[AmazonianX]

ou simply apply for the CoE with the Nigerian Passport instead of applying for the British passport. The CoE is placed as a sticker in his foreign passport. Once the child is in the UK, then apply for a British passport. Without a British passport or Certificate of entitlement (CoE) etc, he won't be allowed to travel or even board the plane.
[/quote]

An update.....my Wife's UK Visa Entry Clearance has been issued. She has collected it from the Visa Application centre in Lagos and has to be in UK by the 28 November 2019. This therefore would mean my Wife leaving our son behind.....

How long does it take to get a CoE for our son to travel?
[/quote]

CR001 has pointed you in the right direction long ago and the answers are still there. If the process CRO01 outlined for you had been followed you most probably would have your wife and son flying together.
If you want your son not to be left behind the option is to probably apply for a transfer of vignette (knowledgeable forum members correct as appropriate).

[MC kaiser]

[/quote]

CR001 has pointed you in the right direction long ago and the answers are still there. If the process CRO01 outlined for you had been followed you most probably would have your wife and son flying together.
If you want your son not to be left behind the option is to probably apply for a transfer of vignette (knowledgeable forum members correct as appropriate).
[/quote]

Good point. Thanks for your response. It was last month he responded. A lot has happened within a month very quickly. My son didn't receive his Nigerian passport on time (this is Nigeria after all).
Everything with UKVI is always based on probability....

Well, we are at this stage now.
How does my Wife apply for a transfer of Vignette?

If that is not possible...would it be quicker to apply for my son's British passport when she arrives in the UK?

[seagul]

. She has collected it from the Visa Application centre in Lagos and has to be in UK by the 28 November 2019. This therefore would mean my Wife leaving our son behind.....

How long does it take to get a CoE for our son to travel?

Alternatively your wife can travel alone just for few days to collect her BRP from post office then return back to re-enter again when your son visa/passport gets sorted out.

[MC kaiser]

[/quote]

Alternatively your wife can travel alone just for few days to collect her BRP from post office then return back to re-enter again when your son visa/passport gets sorted out.
[/quote]



Yes, my wife will be travelling back with my Mother. My son's grandparents and my dad will be looking after him whilst it is being processed.

My wife has already done my son's biometrics and all the documents are uploaded. We received an acknowledgement email with the following:

"Your online application has been received at the UK Decision Making Centre.  Your application is currently being prepared for consideration by an Entry Clearance Officer."

It sounded strange considering we are applying for a Certificate of Entitlement rather than a standard visa?

Is this a standard email to receive?

[MC kaiser]

Alternatively your wife can travel alone just for few days to collect her BRP from post office then return back to re-enter again when your son visa/passport gets sorted out.
[/quote]



Yes, my wife will be travelling back with my Mother. My son's grandparents and my dad will be looking after him whilst it is being processed.

My wife has already done my son's biometrics and all the documents are uploaded. We received an acknowledgement email with the following:

"Your online application has been received at the UK Decision Making Centre.  Your application is currently being prepared for consideration by an Entry Clearance Officer."

It sounded strange considering we are applying for a Certificate of Entitlement rather than a standard visa?

Is this a standard email to receive?
[/quote]

One other thing is that the court appeal letter was not uploaded by the agent we used in Nigeria. As well as all the required documents such as my British passport, birth certificate, marriage Certificate....the court appeal which states that my son is entitled to UK citizenship (after the refusal and before the Home Office overturned their decision) was not uploaded and this I feel is important information....

[MC kaiser]

Alternatively your wife can travel alone just for few days to collect her BRP from post office then return back to re-enter again when your son visa/passport gets sorted out. [/quote]

Hmmm. My Wife has been in the UK since the 26 November 2019. She collected her BRP on the same day. My Mother told us that my Wife will not be allowed to travel back to Nigeria until her Visa expires (2022)
How true is this?

[AmazonianX]

Alternatively your wife can travel alone just for few days to collect her BRP from post office then return back to re-enter again when your son visa/passport gets sorted out.

Hmmm. My Wife has been in the UK since the 26 November 2019. She collected her BRP on the same day. My Mother told us that my Wife will not be allowed to travel back to Nigeria until her Visa expires (2022)
How true is this?
[/quote]

Your wife is on spouse visa and
nothing stops her from traveling.

[MC kaiser]

[/quote] Your wife is on spouse visa and
nothing stops her from traveling. [/quote]

Thank you for your quick response. However, is there any links/websites which states this to avoid us making a mistake?

Also, my Wife's "Residence Permit" card states on TYPE OF PERMIT: LEAVE TO ENTER but it doesn't state Spouse as I've read most cards do...how does this effect her travel?

[CR001]

You are overthinking this completely.

She has a valid UK visa. HO will not 'hold her hostage' in the UK and not permit travelling.

She is free to travel to any country she chooses and return with her current visa.

[geoeng]

Thank you for your quick response. However, is there any links/websites which states this to avoid us making a mistake?

With regards to BRPs, from the link below:
"You will have to show it along with your valid national passport before you begin your return journey, and again when you re-enter the United Kingdom. The permit proves that you are allowed to return to the United Kingdom, but it cannot be used instead of a passport."

https://assets.publishing.service.gov.u ... y_2016.pdf

[MC kaiser]

Thank you so much. We really appreciate your help. You have both cleared our minds (the overthinking is necessary when we've been messed about by UKVI for too long!)....

Cheers.

[seagul]

. My Mother told us that my Wife will not be allowed to travel back to Nigeria until her Visa expires (2022)
How true is this?

If she is Nigerian national/holding valid Nigerian visa then will be allowed.