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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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family visit visa, refusal of entry clearance with a limited

Resolved Question:

family visit visa, refusal of entry clearance with a limited right to appeal (only on the grounds referred to in section 84(1)(C) what to do?
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Could you confirm why the visa was refused?
What was the relationship between the visitor and the sponsor? eg mother, father etc
Kind regards
Customer: replied 2 years ago.

relationship between the visitor and sponsor mother and father, refused based on evidence provided: not satisfied that evidence of funds is a true and accurate reflection of applicants financial status, no evidence of close family or other ties to Albania, no evidence of residency or legal status of the sponsor, no evidence of sponsors regular employment, nor accommodation etc.. we can easily provide this evidence we didn't provide it as we thought it wasn't necessary

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I believe that the best and fastest course of action would be to simply reapply and not appeal the decision, this is for two reasons:
1. The appeal will be refused - This is because the immigration judge will only be interested in the documents submitted at the time of application, if the immigration officer at the time of application did not have the required documents in front of him then the decision was correct. The judge would not want to see evidence after the application was submitted.
2. The appeal will take at least 6-9 months.
In this instance I recommend that you submit a new application and provide the documents which the immigration officer states were not provided , this will give the application a better chance of success.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.

thanks, ***** ***** cost of application is over 1000 euros per applicant. It seems very unfair that we are penalised for not supplying all the documents as per officers wish, we simply thought is not necessary to state the obvious. there must be other routes, like reconsideration for example, can you please advise how to ask for reconsideration thanks

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I am not sure why the cost is so much usually they should not cost more than 100 euros or less.
Yes you may ask the home office to consider, you can write to the post that made the decision , the post should be stated at the front of the refusal letter and the person or department should be stated at the end of the refusal letter. You can then write a letter stating the reasons why you believe that the incorrect decision was made and enclose the documents you have been asked to provide.
The entry clearance manager will then review the enclosed documents and make a decision of where to reconsider the application and issue the visa or not to change their decision.
I still believe that the charges are lower than you stated, please see the link below for fees:
https://www.gov.uk/government/world-location-news/british-embassy-tirana-changes-in-visa-application-procedures
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.

thanks, ***** ***** reference is Warsaw\234238, would you be able to give us full address where to send the documents for reconsideration, please.

We have paid 1051 eur per application (we applied for 10 years visitors visa for up to 6 months stay), the fee you are referring to is Albanian agency fee for extra service

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
The address you should send the documents to will be:
British Embassy Warsaw
ul. Kawalerii 12
00-468 Warsaw
mazowieckie
Poland
If this is the case and it would cost you a lot of money to reapply then I would recommend that you appeal the decision as well as asking for a reconsideration.
I hope this answers your question.
Kind regards
Customer: replied 2 years ago.
Thanks for the address, but how do we appeal if we have no right to do so thanks
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
You can ask for them to give you a right of appeal when you write to them for reconsideration. Then once you have a right of appeal you can appeal the decision too.
I hope this clarifies the matter.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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