# Collection of visa if issued before appeal court hearing



## Sticker (Oct 8, 2012)

The spouse visa for my wife was refused due to insufficient documents, I lodged an appeal with the missing papers and received a confirmation on the 10th of September.

The embassy has until 15 January to answer the appeal after that the court will set a date for the appeal hearing which probably will take another 4-6 week. 

I was hoping the embassy would overturn the decision and issue the visa but that did not happen yet. 

I am thinking of applying for a short visit visa for my wife to join me in the UK while we are waiting for the appeal hearing.

My problem is:

My wife is pregnant, and if the embassy overturned their decision before the court hearing she may not be able to travel back to collect the spouse visa depends on the stage of pregnancy then. 

And if that happened, is it possible to post the passport from the UK to Egypt to have visa by mail? 

If not, is it possible that a relative take the passport to the embassy and post it back when done or she should attend in person? 

Can we ask for the visa to be issued in the UK? 

Please help if you have knowledge of the procedures


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## Joppa (Sep 7, 2009)

Sticker said:


> The spouse visa for my wife was refused due to insufficient documents, I lodged an appeal with the missing papers and received a confirmation on the 10th of September.
> 
> The embassy has until 15 January to answer the appeal after that the court will set a date for the appeal hearing which probably will take another 4-6 week.
> 
> ...


If the ECM at Cairo is to overturn the decision and is going to issue the spouse visa while your wife is in UK, the only thing you can do is for your wife to return home and submit her passport so that the visa can be affixed. None of the other options will work because they cannot issue a spouse visa while she is on a visitor's leave in UK, and they won't issue one in UK - only the original visa office can.


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## Sticker (Oct 8, 2012)

Joppa;

Thank you very much for your invaluable advice, I have been following your posts for months and it was very enlightening. 

I have found since that if I did not submit the passport within 10 days if appeal allowed or decision overturned, that does NOT invalidate the visa, and the allowed appeal will not ceased to be allowed. 
This was stated on the UKBA website appeal procedures APL2.15.5.

One more advice please if I may ask;

I have applied under the old rules, and was wondering how would the birth of a second child before issuing the visa be treated by the UKBA? this is a clear change of circumstances I suppose. 

What is the minimum income required to sponsor my wife one child and the second child we are expecting?

And as my children are British, are they exempt from the minimum income requirements? 

In other words do I need to sponsor my wife only? or still have to sponsor a wife and two british children?

How much do I need to earn please.


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## Sticker (Oct 8, 2012)

If anyone can answer my questions please do. 

Apperantly Jobba has not noticed this. 

Thank you all


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## Joppa (Sep 7, 2009)

Sticker said:


> Joppa;
> 
> Thank you very much for your invaluable advice, I have been following your posts for months and it was very enlightening.
> 
> ...


Just your wife I think. £111.45 per week left over after paying for rent/mortgage and council tax.


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## Sticker (Oct 8, 2012)

Joppa said:


> Just your wife I think. £111.45 per week left over after paying for rent/mortgage and council tax.


Thank you very much


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