Categories: News

Refusals withdrawn prior to full AIT hearing say advisers 

Leading appeal specialists, Bison UK, have reported a sharp rise in the number of entry clearance refusals, involving student visas and family cases, overturned by Entry Clearance Managers (ECM’s) at the British Embassy in Manila. 

Previously, Bison UK had to take most appeals all the way to hearing stage at the Asylum and Immigration Tribunal (AIT), where over 95% of their cases were successful. 

But in the last month, a number of clients in the Philippines have been contacted by the British Embassy to come and get their visas. 

Managers at the company are not sure why the Embassy seems to have had a change of heart, but are none the less delighted to see the notification from the AIT that the “respondent has withdrawn”.  

Most of the refusal grounds for student visas, which have since become obsolete under Tier 4 of the Points Based System, are based on “intention” to return home or study.  

Entry Clearance Officers (ECO’s) should no longer refuse on subjective grounds such as: “on the balance of probabilities you are unlikely to return home at the end of your studies” or “your real intention is to work in the UK rather than study”. 

Visa applicants still have the right of appeal on refusals based on previous Rules, however, refusals under Tier 4 applications (made after 31 March 2009) will be dealt with by an in-house ‘Administrative Review’ system.

Immigration Matters would be interested to hear about your experience with visa appeals – please add your comments below.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk  or visit www.immigrationmatters.co.uk

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216 Responses to “Visa refusals overturned by British Embassy”
Read them below or add one

  1. Balaji.samy@gmail.com' Balaji.samy@gmail.com'Balaji says:

    Dear sir/madam, My wife worked in Ireland and applied for UK visit visa and got rejected. She lost the rejection letter. Now she’s willing to work again in Ireland but embassy expecting the rejection letter. Kindly guide us how we’ll get the duplicate rejection letter as well as the contact phone number or email I’d to which we’ll contact. Thanks a lot.

  2. robertgautier29@yahoo.fr' robertgautier29@yahoo.fr'nounou says:

    thanx to you charles

  3. Best of luck to you

  4. mouh59_ch@yahoo.fr' mouh59_ch@yahoo.fr'nounou says:

    thank you kelly for your advices. my lawyer is telling me to wait , because the tribunal has send back a notice of reciept to the ukvisa section but untill now i haven’t received anything from them, i hope that they will overturn their decision,or the bad way they will stick to their unfair decision and send it back to the tribunal wich they fixed the date to march 2012 wich is abselutely unfair for me to miss my wife given our baby birth. im reall frustrated and i dont know what to do

  5. It depends, why was he refused? Did he get an automatic ban or submit documents which the ECO considered to be forged?

  6. Your lawyer is in possession of the full facts and should be able to advise you on appeals or Human Rights grounds of appeal. A lawyer should not submit an appeal unless it has a chance of succeeding.

  7. mouh59_ch@yahoo.fr' mouh59_ch@yahoo.fr'nounou says:

    my wife is pregnant 6 months now and she is very ill ,we are married in uk , i overstayed my toursit visa before i meet my wife , after we got married i decided to go back to algeria and to apply for settelemnt visa.unfortentely they refused my application saying that our marriage wasn’t geniune and also because i overstayed .i did forgot to add on my visa application my previouse divorce certificate of my wife because she was divorced before.and the reason why i tought that it’s not important to add it and only the marriage certificate its enought for them to prove that our marraige is geniune because we did prove this already to the register office .my wife made me a lawyer who did sent our appeal ground to the tribunal wich they did send back to ECM . will it be possible for them to overturn their decission without going to court because i want to be present when my wife will give birth

  8. miraal_ali@hotmail.com' miraal_ali@hotmail.com'Mash says:

    Hiya

    My brother has recently applied for family visit as i was callin him over in UK to visit me. but his visa got refused because he hasnt attached my statement and support letter. Only question in my mind is that later next year if he decides to come to UK on student do this refusal will affect him or not ?
    And secondly does uk visa refusal affects if u wish to apply for any other country visit visa?

  9. My entry clearance to visit the UK for 6 mos. was refused last Oct. of this year. My sponsor in UK forwarded an appeal.This month of Dec. I received a notice of Withdrawal by the Visa Officers.The letter was forwarded by the HM Courts & Tribunals Service.The Tribunal is satisfied about it.I would like to know the next move.Am I going to ask for another appointment to submit my requirements from the Manila Embassy? I need your help and guidance please. What am I suppose to do now? How about my visa fee that I’ve paid, can I still use it or buy another.Thank you.

  10. Was the certificate from a registered centre?

  11. sheena369@aol.com' sheena369@aol.com'sheena says:

    My fiance from Morocco was refused his visa to marry in the UK on one issue only, that his English certificate was not from a registered government centre. He submitted his original , signed diploma which he achieved after 18 months and graduating from the National Aviation and Tourism School in Casablanca ,certifying he is fluent in both written and spoken English amongst other languages. We have 28 days to appeal but they close for the holidays. Any advice?

  12. yashica.pillay@za.apollotyres.com' yashica.pillay@za.apollotyres.com'yashica pillay says:

    My husband and 2 children were refused entry to london. Infact we are going on hoilday to Ireland and our relatives want to take us across to london on a ferry which will be so exciting for everyone and of course visit london a day or 2. The consultant at VSF did not advise correctly as we were trying to do the application asap. The consultant should have advised the all supporting documents must be provided, hence a stronger case. I am very dissappointed in this step for processing and hence a lot of money was lost

  13. Alan.1rock@btinternet.com' Alan.1rock@btinternet.com'Alan says:

    My wifes settlement visa was refused to enter the uk in march we have now had a visa hearing on the 1st November the home office or judge didn’t ask me a single question apart from my name I was in and out within 5 mins it’s been over 2weeks and still no decision yet it’s doing my head in

  14. r.t.fitton@hotmail.co.uk' r.t.fitton@hotmail.co.uk'Tom says:

    Yes she was given a right of appeal but as far as we can see she has no legal recourse for appeal other than it is an unfair judgement to say that she can not come because they do not believe she will leave at the end of the six months. We are both fully aware of immigration laws now and know we can not get married etc but it seems UKBA takes more of a guilty until proven innocent rather than innocent until guilty view. Without any job I think they will always take the view that she will not return. Is visiting a boyfriend classed as a better reason to visit rather than saying holiday if we had booked a return flight to give a better hint she will return?

  15. An appeal specialist would need to see all the paperwork before advising her. Was she given a right of appeal with the refusal?

  16. r.t.fitton@hotmail.co.uk' r.t.fitton@hotmail.co.uk'Tom says:

    My girlfriend is australian and got refused a holiday visa on the grounds of a 10 day overstay after her youth mobility visa (which according to their rules should not affect future applications Part 9 7B (i)) and not having a good enough reason to return as she does not have a job. Do you thnk it is worth appealing and what things do you think she needs to show she has a reason to return

  17. lucycares28@yahoo.com' lucycares28@yahoo.com'olawale says:

    I applied for a family visit visa for myself and my wife in a joint application not separate and both of us were been refused with option to Appeal within 28days.Our application was refused on 5th may 2011.They refused us base on the low Amount of money in our various bank account and we made our appeal at AIT in UK through the help of a UK Base immigration lawyer and correct all the issues on our refusal before the 28days that same month of May 2011.The Lawyer confirmed that the Court Hearing has been concluded in the uk and the appeal was successful.So now we are waiting for them to give us a call or text message to come for our visa since 5months now but until now we haven’t receive any reply yet. All they say at the Embassy is that our Case File is still Pending….Could you give us an advice regarding this and what your opinion is? Thanks for your time.

  18. lucycares28@yahoo.com' lucycares28@yahoo.com'olawale says:

    I applied for a family visit visa for myself and my wife in a joint application not separate and both of us were been refused with option to Appeal within 28days.Our application was refused on 5th may 2011 and we made our appeal at AIT here in UK through the help of a UK Base immigration lawyer before the 28days that same month of May 2011.The Lawyer confirmed that the Court Hearing has been concluded in the uk and the appeal was successful.So now we are waiting for them to give us a call or text message to come for our visa since 5months now but until now we haven’t receive any reply yet. All they say at the Embassy is that our Case File is still Pending….Could you give us an advice regarding about it? Thanks for your time.

  19. She can apply, but why was she refused?

  20. Normally yes, but check with the Embassy ECO or ECM.

  21. cathchiller@ymail.com' cathchiller@ymail.com'catherine says:

    hi Charles,my visitor visa was refused but i sent an appeal and then they sent me email that ECM overturned the decision,does it mean my visa will be issue?

  22. tom@axicon.com' tom@axicon.com'Tom Richens says:

    My wife, who is thai has been refused a settlement visa and an appeal is pending. Can she apply for a visitor visa while waiting for the appeal to be heard?

  23. Good luck. If you need an appeal specialist to look at your case call Bison UK on 0208 905 1822

  24. johnajones@d111237.fsnet.co.uk' johnajones@d111237.fsnet.co.uk'John says:

    Mine is not a student visa but a spouse visa and my wife is Russian , I can assure you that the same thing is happening in the British Embassy in Moscow , my wife sat here in England the I.E.L.T.S. test which calls for a pass at level A1 which is minimum of 1 with an over all of 2.5 which the officer checking my wife’s application said it is not A1 but B1 a higher requirement, but an other officer at the same Embassy .said she had got the required pass so did my M.P. , but any way we have put in an appeal which is supposed to be looked into from now till the end of this month , I will let you know how it goes
    John

  25. surelymanover2ky@yahoo.com' surelymanover2ky@yahoo.com'onuorah ndubuisi.surely says:

    pls sir i want an urgent reply.i am a nigerian that is married to a british citizen.we are married for a year now and within that one year i applied for a settelment visa to uk whice i was denied the reasons where that we did not give good evidence that our marriage is real due to the fact that we meet through a social networking site.and that my spouse balance as at that time was overdrawn cus she have to make expenses for his fare down to nigeria for our wedding.now they gave us a chance for an appeal.now my sponsor has been told to bring forth her account details of when i applied and some months before my application that is where the problem was cus at that time my sponsor has been having problem with her tax code so some of her wage did not reflect in her wage slip.do you think the appeal will be sucessfull and if it is not what will i do?can i apply for another settelment visa or visit and if i can how long do i have to wait or is it possible to apply immdiatly or can my sponsor who is my wife apply for my visa there in uk in my absence?thanks and God bless.

  26. sham_3rds@yahoomail.com' sham_3rds@yahoomail.com'sunil kumar says:

    I lost my UK ambassy refusual letter how to get it ? Can any one suggest.

  27. nompak@hotmail.com' nompak@hotmail.com'Dr.Nauman says:

    dear sir.i m fom pakistan.i need your erxpert opinion please.i applied for uk settlement visa..my ECO refuses my visa for i attached the photocopy of IELTS certificate..as per new rules the applicant must hv to produce an english language marriage certificate hving score equal to A1..my IELTS score was C1,much higher than required.there is only one objection made by ECO that i have produced a photocopy of IELTS certificate.my wife lodged an appeal with original IELTS certificate attached at UK against the decision of ECO..i receiverd a letter from Tiers 2 at UK that they hv sent my appeal back to ECO at islamabad to review ..i just want to know 1..how much chances are there that my ECO can take his decision back?? what’s my visa fate now????(as i hv produced the original IELTS certificate with my appeal this time)
    2….how long wil it take ECO to make his dcision..?

  28. rockersingh03@gmail.com' rockersingh03@gmail.com'Harjot says:

    Hello my name is harjot and i am of 18 years old. My father got the resident permit last year but uk high comission refuse my visa bcoz i am over aged. Now i pass ielts exam and i want to apply again so what precaution i have to cept in my mind while preparing the file? ,should i have to mention that my father is already in england as they already have every imformation in their records about me.

  29. mad_pkh2002@yahoo.com' mad_pkh2002@yahoo.com'namrata says:

    Hi m single and my visa has been refused 5 days ago.the reason for refusal of my visa was for not having bank balance for 28 days but when i and my consultant checked about our mistakes,there was no any mistake.I had 15000 pound in my bank account and bank balance duration was about 2 months.My consultant said that there was no any mistakes in my paper.I want to know why my visa was refused??? please help me and how much time will it take for appealing.

    sincerely,
    Namrata Gurung
    Nepal

  30. Why were you actually refused? The point is did you tell the complete truth on the immigration forms you submitted?

  31. If you require specific advice, I can refer you to one of our appeal specialist advisers in the London area who can help you, and advise you. I would strongly urge you to take professional advice before moving forward.
    If you would like us to arrange an appointment for a consultation, for which the advise makes a small charge of £60, please call 0208 905 1822

  32. mujahidm71@hotmail.com' mujahidm71@hotmail.com'Aneel says:

    I had been refused against my visit visa request due to a terrible incident occurred by staff of travel agent. In letter says “this passport contains a number of visas and endorsements issued by the United Kingdom. However, one the endorsements purports to be from an immigration officer at London Heathrow, issued on 12/11/01. This endorsement is not genuine. Producing a passport containing falsified endorsements seriously undermine your credibility and intention. I’m not satisfied that you are genuinely seeking for the purpose and period as stated by you. I therefore refuse your application”. There is no entitlement to appeal against this decision by virtue of Section 60 of Immigration & Asylum Act 1999. The decision in this case will not prejudice any subsequent application should you wish to reapply at a future date.

    So, please advise how can I get a entry visa of UK?

  33. rajenab@yahoo.com' rajenab@yahoo.com'Rebeeca says:

    After reading maximum comments I found myself I’m not an only victim by the Home Office. Because I came to a conclusion that it’s not only me suffering and immigration snatched my happy life to be with my husband. They are killing us slowly. I’m also a frustrated person about this bloody immigration system. I love my husband and my husband love me so much that we are both suffering a lot because we want to be together and have a happy life. But we are all helpless what we can do against their system? They think themselves they are the best but they are taking our right and life also whatever they are doing is against the human fights. They are giving human rights slogan but they are the main criminal. Just making people to apply and eating money. They have fixed money making machine that is called UK Immigration.
    I married to a British person. We got married one and half year. They have refused our application because I did not tell my husband that I had a friend who wanted to help me to go to UK before. My question is if anyone have friend and not married he or she doesn’t have right to marry any one in their life? And also why should we explain to everyone how many boy friend or girl friend we had in our past life? Don’t you think it’s ridiculous? If you hide something from your wife or husband why immigration must know the truth? Also, if my husband can forgive me for my past than how home office can’t accept my marriage? Why they want to show they are your guardian and thinking more than yourselves? How they can tell you that your wife doesn’t love you and just want to enter in UK? How to proof them that I can give my life for my husband and wait for him rest of my life?
    I’m waiting to reapply but don’t know my luck. How many years I have to live without my husband?
    Please advice or pass comments on this.

  34. cathchiller@ymail.com' cathchiller@ymail.com'catherine skerratt says:

    where can i get an advice or appeals specialist?

  35. You should take legal advice before taking action. You need to go through all the paperwork and options with an appeal specialist before you submit any applications for appeal or admin review.

  36. hi there,,i am married to birtish citizen and applying a family visitor visa for one year but they refused because of they not satisfied of my application and subjective grounds on the balance of probabilities,,what will i do?will i appeal using administrative review,,i want to be with my husband this coming christmas pls give me advice asap

  37. For advice on appeals (following a refusal) you need to talk to appeal specialist who can help you. I would strongly urge you to take professional advice before moving forward.
    You can find a list of OISC registered advisers on the OISC website: http://oisc.homeoffice.gov.uk/
    If you would like us to arrange an appointment for a consultation, please call Bison UK (Level 3 Immigration Advisers) 0208 905 1822 or email info@immigrationmatters.co.uk

  38. fazwani.narmeen@gmail.com' fazwani.narmeen@gmail.com'Frustrated says:

    Hello Aswath

    The exactly same case as yours happened to me too today my uk student visa got refused on the basis that they said i have put funds in my account for one day where as my bank statement clearly shows the funds have been put for the 28 day period. They gave me an option for administrative review but i dont know if i should go for that or make a new application since my classes start in ten days. Please tell me what are you doing about it. It IS really frustrating

  39. pyro_simbu@yahoo.co.in' pyro_simbu@yahoo.co.in'Aswath says:

    Hey im from chennai and i applied for visa this Aug 25th 2011 and i received my mail on the 6th Sept stating refusal of clearance.. i had a additional document stating one administrative review and another document stating that the fees that i have shows is not sufficient.. when i went through the bank details i saw that the person who processed my visa had seen only the loan sanctioned amount and not the marginal amount already in the bank and it is clearly mentioned in the bank format statement that total amount is more than 15 lakhs which is like 20k + pounds which is more than sufficient enough please advise me should i go for admin review cuz it says it will take 3 weeks and my uni starts in the next week and moreover after 3 weeks only they said will give reply should i apply for review or put in a new application.. it is so frustrating that something like this could happen after giving 20k Indian cash for visa processing how can they be so careless :( im confused frustrated and pised)

  40. Marander4u@live.co.uk' Marander4u@live.co.uk'Judy says:

    Hi I received a phone call from the british embassy at turkey regarding my husband settlement visa two weeks ago, now I want to go for a holiday but I dont want to leave incase they come to work because I heard that they go to check work places is that true? Should I wait or go for holiday,

  41. You need to see an immigration appeal specialist to go through all the papers and appeal.

  42. Shola_10@hotmail.co.uk' Shola_10@hotmail.co.uk'C.Rouis says:

    My husband is Tunisian and got refused his visa to the UK for the birth of his child! I am 4 and a half months pregnant.
    He was refused his visa becoz we originally applied for a 2 year visa, he went to the British embassy in tunis with the correct fee stated on the top of his visa application to be told he had to pay more – which he didn’t Hav the extra amount at the time. So he was advised to reduce it to 6 months, making any supporting letters not co-inside with visa. So they refused on the grounds that they feel he wudnt return after the 6months! I have appealed the decision but have been told it can take anything up to 11 weeks :-( do u think it’s worth re applying and keeping the appeal open as soon we will be running out of time :( thanks.

  43. vick12347@yahoo.com' vick12347@yahoo.com'manjit singh says:

    dear sir i hv applied visitor visa along with my wife Last year ..but i could nt get it.. nw hv lost my refusal letter ,hw can i get my refusal letter with reasons..

  44. mooh_263@hotmail.com' mooh_263@hotmail.com'riad says:

    hi guys i’m looking for advice but let’s just say help :
    anyway i’m been refused for student visa exactly student visitor & for descrip my situation it was a 2months request exactly & for you know i’m computer technician in a good company
    i request for student visitor for studying english language for 2months because actuality i need it for speaking with costumers infact i’m from algeria & alot of our costumers are from Europe and generally they speaking english and the embassy sent a refusal litter which it worte on it at the last lines this next words:

    your application does not attract a full right of appeal
    under a section 82(1) of the nationality immigration and
    asylum act 2002. your right to appeal is limited to any or
    all of the grounds referred to in se

    the decision is unlawful 84(1)(b) of the nationality. immigration and asylum act 2002 namely:

    b) the decision is unlawful under section 6 of human rights act 1998 (c.42) (public authorty not to act contrary to human rights convention) as being incompatible with the appellant’s convention rights .

  45. nalla079@yahoo.co.uk' nalla079@yahoo.co.uk'nalla says:

    hello good afternoon. i have applied to sponcer my wife in 2010.then the highcommision refused the visa that not enough document. we sent an appeal in 14 days then we got a reply in june 02/2011 saying decision overturn and bring this letter with your passbook to the embassy. after we submit 4 days later we got a letter from courts with a letter for hearing in october 2011. whats happing to this case. and do u know is ther a link between home office and tribunals services. please help me thanks

  46. pamelaann7@yahoo.com' pamelaann7@yahoo.com'pamela chick says:

    have just been through appeal for my husbands settlement visa which was refused in november 2010.Hes an egyptian living in egypt im british living in england. he was refused on the grounds we didnt have enough contact. i supplied telephone bills and skype records that show we talk everyday. how are we suppose to have contact when they refuse to allow him a visa. i go to egypt every three months, thats using up all my holiday entitlement from work. what more can i do?

  47. randeepkr9@gmail.com' randeepkr9@gmail.com'randeep says:

    i have applied for uk visiter visa but it has been refused now i want to know that in how many days we can again apply for visiter visa. because i don’t want to do appeal i just want to direct apply with required fullfillments so please tell me in how many days we can again apply after refusal (without appeal)

  48. greenday129@hotmail.com' greenday129@hotmail.com'prishita says:

    Hi,
    I live in UK.I got my tier 4 visa from june 2010 until oct 2011.My visa is cancelled because my college was asking for more money which i couldn’t pay on time and i missed 10 of my classes as i was very sick. but i have informed my college over the phone but i didn’t have any written documents with me. But i got an appealing right so i have appeal for it. My husband has 3 years student visa which is expires on 2014. Actually we were planning to switch my visa in my husbands dependent but now as i am appealing i cannot switch my visa until i win my case or i withdraw my case. And the problem is we have to go back to our country this june for a very important stuff so i dont have that much time to wait until i get the my hearing. And i have heard that if i withdarw my case i can go back and apply on my husbands dependent straight away and come back again. Is that true.I just wanted to know if i withdraw my case and go back will i be ban for a year to apply or can i apply as soon as i get there. Please help me. I cannot decide at this point.

  49. alanbowman69@hotmail.com' alanbowman69@hotmail.com'alan bowman says:

    my fiance has just been refused in manila,we have been together for more than 1 year and half, i feel my government is corrupt and cheats,its a money machine ,nothing else,im devastated
    thanks

  50. parks11122001@yahoo.com' parks11122001@yahoo.com'parks says:

    HI….just wanna ask how long will it be to get a decision from UK high court regarding a contested visa refusal case? …reply is very much appreciated..thnx

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