visitor visa reply

#1
My son-in-law has been asked to attend the British Embassy in Tunis to collect passport at a set time. Does anyone know whether there is any way of guessing whether it is an approval or a refusal.
 

mrsmannai

Well-Known Member
#2
from what i know from other situations like this, he will only get the answer when he gets there, people did go , someone get it, others dont, but the procedure is the same, so cross my fingers for you and the best of luck.;)
 

Jane BM

Well-Known Member
#3
My son-in-law has been asked to attend the British Embassy in Tunis to collect passport at a set time. Does anyone know whether there is any way of guessing whether it is an approval or a refusal.
None whatsoever sorry!!! It would be as you say sheer guesswork!! Good luck though.
 
#4
He had the phone call this morning asking him to attend tomorrow, in his application he put the 21st of March for his date of travel and we submitted it on the 11th February at the Embassy. Therefore as you will be aware in Tunisian time this appointment is straight away and although this translates as Tout Suite, it is not a literal translation!
 
#5
I have now discovered that the phone call requested that he attend today but he was unable to attend due to work. I am remaining optimistic due to the apparent urgency of asking him to attend to collect his passport as they are aware that he is hoping to travel on 21/03/2014. Anyway by lunchtime tomorrow I will know for sure if it is a refusal then I can invoke the Human Rights Act in the UK. If it is a go situation then I will be buying football tickets! (at vast expense)
 

Jane BM

Well-Known Member
#6
I have now discovered that the phone call requested that he attend today but he was unable to attend due to work. I am remaining optimistic due to the apparent urgency of asking him to attend to collect his passport as they are aware that he is hoping to travel on 21/03/2014. Anyway by lunchtime tomorrow I will know for sure if it is a refusal then I can invoke the Human Rights Act in the UK. If it is a go situation then I will be buying football tickets! (at vast expense)
They always do that I'm afraid.....lol...they generally ring once the decision is made and ask you to go straight away!! That isn't an indication of whether it's a yes or no.

Also VV's are generally turned round pretty quickly.

However fingers crossed....let us know how you get on.

What Human rights act are you talking about ?
 

Trulymadlydeeply

Well-Known Member
#7
...and what football tickets lol ;)
 

missmetal

Well-Known Member
#8
probably that its his right to work and why are they making it sound so urgent.

Mind you, if he's expecting to travel so soon he best go and get it so that he knows if he's got it or not. For his sake I hope he's got it because the VV's are generally turned down....and flights expensive.
 
#9
The Human Rights Act 1998 in the UK ( Section 6) which should recognise Article 8 of the European Convention on Human Rights. If it is a refusal I will require the reasons why the UKVI service deem it necessary and proportionate to interfere with my Family life in the UK.
Chelsea FC
 

Scottochott

Well-Known Member
#10
:rolleyes::confused::mad:

And what's this got to do with visors?
 

missmetal

Well-Known Member
#11
The Human Rights Act 1998 in the UK ( Section 6) which should recognise Article 8 of the European Convention on Human Rights. If it is a refusal I will require the reasons why the UKVI service deem it necessary and proportionate to interfere with my Family life in the UK.
Chelsea FC
They will give him the reason and they will likely tell him its because they dont think he will return. Its only a visitors visa and not a settlement visa, so its not really interfering with HIS family life now is it?

If the UKBA can overturn a court ruling that a cancer patient won the right to stay with his family in the UK, then they certainly have all the power to refuse a visitors visa that is in no way interfering with your human rights.

Its not YOUR human rights since its not your visa, its your son in laws and he's not european. :)
If he was filing for an assylum seekers visa, then he might stand a chance.
 

missmetal

Well-Known Member
#12
I'd like to add that you left the rest of this out '
Article 8 is a qualified right, so in certain circumstances public
authorities can interfere with the private and family life of an individual.
These circumstances are set out in Article 8(2). Such interference must
be proportionate, in accordance with law and necessary to protect
national security, public safety or the economic wellbeing of the country;
to prevent disorder or crime, protect health or morals, or to protect the
rights and freedoms of others
.'
 
#13
Thank you for your legal and geographical views. You are quite correct to quote Article 8(2) which is why I said that I require the reasons for a refusal because as you rightly state it is a qualified right as opposed to Article 2 which is an absolute right. I am British citizen residing in the UK so The UKVI service (formerly UKBA) are a public body so are as a result liable to conform with the Human Rights Act 1998. Consequently their reasons must be shown to comply with Article 8(2) if not I am a victim as defined by the act and allowed to seek a remedy in the UK court for a breach of my right to a family life i.e. to see my son-in-law. As you have helpfully pointed out he is not European but I am and so I can bring the legal action.
I take your point about past cases however case law and legal precedents are made when people persevere, and then rulings can be made.
Thanks for your replies and interest.
 

Scottochott

Well-Known Member
#14
Thank you for your legal and geographical views. You are quite correct to quote Article 8(2) which is why I said that I require the reasons for a refusal because as you rightly state it is a qualified right as opposed to Article 2 which is an absolute right. I am British citizen residing in the UK so The UKVI service (formerly UKBA) are a public body so are as a result liable to conform with the Human Rights Act 1998. Consequently their reasons must be shown to comply with Article 8(2) if not I am a victim as defined by the act and allowed to seek a remedy in the UK court for a breach of my right to a family life i.e. to see my son-in-law. As you have helpfully pointed out he is not European but I am and so I can bring the legal action.
I take your point about past cases however case law and legal precedents are made when people persevere, and then rulings can be made.
Thanks for your replies and interest.
It's an absolute nonsense to invoke "human rights", the visitor visa has fully justified safeguards. You could always go to Tunisia to visit him!
 
#15
It's an absolute nonsense to invoke "human rights", the visitor visa has fully justified safeguards. You could always go to Tunisia to visit him!
I am sorry but I do not understand how it is nonsense. As Bamber used to say, for a starter for 10 My father missed his granddaughters wedding as owing to a serious heart condition he is not allowed to fly or (take the ferry) to Tunisia, therefore how do you suggest he meets his son-in-law. The trick in Star Trek where Scotty beamed people up was make believe.
I am entitled as is any UK resident to rely on the justice system, as after all I am paying for it. Yes the UKVI can have a policy, however, how they carry out their functions under that policy must be ECHR compliant. Are you saying that I a blindly accept the decision of a public body and not have any recourse to justice for a remedy. Now that is nonsense because that goes on in some countries which is why the convention was created in 1958.
 

Jane BM

Well-Known Member
#16
If the UKBA refuse, they will always stipulate exactly why they've refused. It seems more common the applicants 'intent to return' hasn't been proven sufficiently , so if your son in law has a job, work contract, property etc ergo a reason to return and it's been well documented then hopefully you'll be fine.

However I was under the impression that one of the changes they did make was that there was no right to appeal anymore with a VV. You'd need to check that out if it was refused.

Your human rights have not been affected though, because objectively, and UKBA don't look at things empathetically, just cold, hard facts...to them, you can travel to him.

If you think that is harsh because of elderly grandparents, spare a thought to pregnant spouses who've had to have babies here in the UK without their non EU spouses with them...because they too were refused a VV.

I'm not saying what's right and what's wrong, though I do have an opinion.....bottom line is any of us who embark on relationships with a Tunisian cannot expect to have them by our side here in the UK....that's something that doesn't come easy, nor in my opinion should it be easy.
 

Scottochott

Well-Known Member
#17
Do you mean his grand daughter's husband? If he is your son in law, he can't be your father's too! I'm sure he would like to meet him, but it is not a human right under law! Why if he is married to your daughter are you not talking about him coming here to be with her, or vice versa?
 

missmetal

Well-Known Member
#18
I am sorry but I do not understand how it is nonsense. As Bamber used to say, for a starter for 10 My father missed his granddaughters wedding as owing to a serious heart condition he is not allowed to fly or (take the ferry) to Tunisia, therefore how do you suggest he meets his son-in-law. The trick in Star Trek where Scotty beamed people up was make believe.
I am entitled as is any UK resident to rely on the justice system, as after all I am paying for it. Yes the UKVI can have a policy, however, how they carry out their functions under that policy must be ECHR compliant. Are you saying that I a blindly accept the decision of a public body and not have any recourse to justice for a remedy. Now that is nonsense because that goes on in some countries which is why the convention was created in 1958.
Like I said, you will get a reason, its just whether you choose to accept it or not. And in general, VV's from Tunisia are slim because they dont have sufficient funds to support themselves. They cant prove it and if you say that you will support them, that really means nothing because anyone can say that and it not be the truth.

I have applied for many VV's to various countries and I have always had to ensure I meet the criteria, and if you SIL does not they will tell him why. You do have the right to see your SIL, but it does not have to be in the UK. You have the freedom to travel to his country, which is what I think Scottoschot was tryhing to point out that it does not become a HR issue. Your daughter for that matter might have a better chance, because in reality is more directly 'her' family than yours, if you know what Im saying. He's your extended family and I really cant see that this would be an HR issue, unless they have children.

all this chat could be for nothing and he's probably got the visa. you mentioned he's working so hopefully he can show his bank statements and payslips, his itinerary and that he's not going for more than a week or 2 then all should be good.
 

Jane BM

Well-Known Member
#19
I've amended the title of the thread......
 
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