Appeal against Refusal of Entry (Wife Settlement Visa)

Hello,

My husband is a British citizen & I am an Indian citizen. I had applied for a settlement visa in Feb2015 from India which was rejected on 2May2015 on the grounds of documents not being in the FM-SE specified format. Bank statements & payslips were online and I had missed out submitting the original degree certificate along with the NARIC approval letter. My husband fulfills double of the minimum financial requirement & we have all documents to prove this.

We are now going to submit the IAFT2 appeal form to the First Tribunal for an oral hearing. I understand from the appeal procedures that when the FTTIAC has received our documents it will send a notice of receipt to the visa section where an Entry Clearance Manager(ECM) will review the decision & either overturn it and issue me with a visa or uphold it." I would like to know the following:

(1) As we cannot submit original docs with an appeal, I am submitting a notarised copy of the degree certificate. How will the ECM get a chance to view my originals before making a decision as the reason for rejection in the 1st place was that they did not get to view the original documents?

(2) In the event that the ECM overturns the decision, then this whole appeal process can take upto 5months/90working days! Is that true? With the changes in the Immigrations rules in Oct2014, I am hopeful that our appeal will go through; however waiting for 5-6 months will be frustrating.

My husband & I are in the midst of deciding whether it is advisable to submit an appeal or whether it is better to submit a new application. Advice or suggestion in this matter would be greatly appreciated as we need to make a decision by 12 May 2015.

Thanks & Regards
Mrs.RS

Hi RKsc,

Sorry to hear about the decission., I am in same situation. I applied on 15 Feb 2015 and got rejected on 10 April 2015 on grounds of missing documentation for financial Requirments. I am preparing to re apply for my spouse's visa next week as the appeal process takes longer time.

cheers
Pari

Quciker and much easier if you do a new application.

Sorry to hear about the rejection.

What is possible is that you can apply fresh as well as appeal the original decision at the same time.

Do note that if you apply fresh, the visa fees have slightly gone up from 6 April 2015 to £956 and there is now a new health surcharge payable in advance at the rate of £200 per year, so for the initial 33 months, you would need to pay an additional £600 before you could apply.

I know it sounds strange, but under the new rules things appear to be quicker appealing than a new application.

I have had 3 applications in the last 3 months withdrawn by ECO within their 28 days deadline, than new application which took about couple of months.

With new application , there is always the risk of refusal ob new grounds.

Hi Obie,

Thanks for letting me know as I have now filled the appeal online - waiting on bank statements to arrive by post. What I would want to re-affirm is - Would ECM/ECO reconsider fresh evidence or would they say that we did not submit them at the time of application and reject them? My sponsor will be my representative from UK.

The ECO originally said that the application is refused because the sponsors bank statements and payslips were online and were not in the format they want. They also said that the signed letter from his employer "looks like a scanned copy". I sent them the UK NARIC letter for English requirements but forgot the degree certificate.

If we give them the originals of my sponsors paperwork + my degree certificate, would they reconsider via appeal?

The application that you referred to in your post...were any of them relating to documents missing/ incorrect issue?

Thanks once again

Mrs RS

Hi

If it's any help we were refused on the English Language Requirement as the test The British Counsel in Cairo gave my husband turned out to be not on the list despite repeated reassurances by them that it was fine for the UK Visa. He took and passed the correct one at The American University shortly after we appealed but the ECM and subsequently the judge refused to acknowledge it as it was new evidence submitted after the application. We have had to apply again. 6 months & £140 wasted and now of course increased fees and the health surcharge.

My advice from the experience I have had is just reapply but only as long as you are sure you have submitted everything they need. I went through the evidence requirements in detail to make sure I sent everything they needed and more.

Hope that helps

We have had a similar situation. We applied in October and received a refusal notice in December 2014 - apparently there was a document missing, but they returned this document with the refusal. The Embassy (Bangkok) had until 19th May 2015 to overturn the decision, however, have not done so and now this will go to tribunal hearing.

Whilst I have regrets about not making a fresh application, I would agree that there is nothing to stop the ECO refusing the next application. Our application should have gone through first time except for the incompetence of the ECO.

I wish you the best of luck, because there is no one in "the system" who is even remotely interested in helping you. You simply have to wait and try as best as possible to be patient.

Sorry to hear about ur appeal not being overturn. I am also for the ECO to review his decision on my daughter application. They till end of July.
Other people have been very lucky to have their decision overturn and sometimes within 28 days.
We just have to be patient I suppose, no choices anyway.

Hello all,

Just got a call after the appeal today from Chennai FCO that the decision has been overturned. I will be putting a timeline for you all. They have advised me to get an updated TB test certificate and send along with passport.

Thanks once again to everybody for their support and help.

Rksc

Oh Congratulations,
Did you went to the court hearing. or was the decision overturned at the review stage.
You patience has paid well done.
My daughter appeal was not overturned at the review. So I will be going to court, but I still don't know when.
I think I need a lawyer to help me prepare everything for the oral hearing.

Thanks Corasson.

I am sorry to hear that your daughters appeal has not been overturned.

No I did not have to go through court, everything happened after tribunal send the docs to Chennai FCO for review. When Chennai FCO looked at the documents they called me and said they have overturned the decision based on "Additional documentation" supporting our original application. Now getting TB test on Friday and hopefully by Monday I will be able to send it to Chennai with my passport.

I will be honest with you, I alongwith my husband has gone through ridiculous number of forums and user experiences and found that if you do want representation then go with reputed lawyers and not any one who claims to be immigration consultant. To be honest they do not do anything other than present your case HOWEVER if there are any complications, then their assistance could be helpful. Be honest with them and they could give you good advice. Normally UK immigration website will give you a list of lawyers who could represent you. Have an initial conversation and then decide what option is right for you.

Normally if the Refusal was based on paperwork missing/not complete then it should be a straightforward one in court. You could represent yourself making sure all the points of refusal are covered with documents provided at appeal. The judge will then check whether the supporting documents at appeal is sufficient to negate the refusal by FCO. Bear in mind the FCO cannot change or add another reason for refusal. But if there is any added complication to the refusal where you think spending a little bit more on representation would assist you then go for it.

Personally I understand the frustration of the wait and the disappointment of the refusal, but take a step back and think whether you could afford extra money spent against the wait time. I wanted to reapply a fresh application but my husband did not like my passport having a "Immigration refusal" stamp, so he convinced me this is the right way to do it having weighed the risks of going to court and the waiting times. He did suggest that he will take some time off and come to India if this goes on any further than July.

All the best and hope everything gets sorted for your appeal.

RS

TIMLINE till now

06/02/2015 -Application Started (wife settlement)
11/02/2015 -Visa Appointment vfs
26/03/2015 -Date of Refusal
29/04/2015 -Date of Despatch - (Learned a lesson not to go for passport passpack service unnecessarily)
07/05/2015 -Notice of Appeal
14/05/2015 -Documents sent to tribunal
05/06/2015 -Tribunal sent documents to Chennai FCO
17/06/2015 -Receipt at Chennai (This was after numerous calls for status)
30/06/2015 -Decision Overturned(Got a call and an email stating decision overturned and advised for a new TB certificate)
03/07/2015 -TB Test date
-Applied to VFS
-Passport Received with visa

RS

Hiya RKSC and thanks very much for ur advice and support,
I think at this stage I will be get a lawyer. So far I have done everything by myself but I can't continue by myself, with the EVO bringing nonsense argument just to refuse my daughter entry here. I don't think I can stand in front of the judge. It's a very difficult situation, I am just hoping for an happy ending as u guys here.

Hi All,

My wife's settlement visa application was refused based on the following grounds:

1. E-ECP.2.6. The relationship between the applicant and their partner must be genuine and subsisting.
2. E-ECP.2.10. The applicant and partner must intend to live together permanently in the UK.

ECO has refused because of lack of evidence to prove our relationship is genuine and subsisting. The documents that they mentioned was, emails, skype history, or call/chat history, travel itineraries etc.

Now made my appeal with the following documents:
Documents:
A1 – Notice of immigration decision, Refusal of Entry Clearance

A2 – Proof of subsisting relationship
a. Certificate of Registration of Marriage, dated xx/xxx/xxxx
b. Certificate of Marriage, dated xx/xxx/xxxx
c. Photos taken during marriage, blessing, wedding ring exchange
d. Flight invoice of my husband’s India visit to Bangalore – issued by Southall Travels
e. Etihad itineraries for London to Bangalore & Bangalore to London via Abu Dhabi
f. Proof of on-board luggage for London to Bangalore & Bangalore to London
g. My husband’s resident permit card valid till xx/xxx/xxxx
h. My husband’s passport personal pages & immigration stamp of his visit to Bangalore
i. Invoice of Hotel accommodation in Bangalore
1. Accommodation on xx/xxx/xxxx near to my home address
2. Accommodation on xx/xxx/xxxx for a double suit near Bangalore airport
j. Facebook screenshot of my friends congratulating me on my marriage
k. Email communications
1. Email sent on xx/xxx/xxxx
2. Email sent on xx/xxx/xxxx
3. Email sent on xx/xxx/xxxx
l. UPS invoice of my personal belongings sent to my husband’s address
1. 23 Kg posted on xx/xxx/xxxx
2. 25 Kg posted on xx/xxx/xxxx
m. My gift purchases to my husband
1. Purchase of Kurta/Men’s Top on xx/xxx/xxxx
2. Purchase of Pen Rubinato (Ostrich feather vintage pen) on xx/xxx/xxxx
n. My husband’s purchase of my welcome gift (DSLR Kit) on xx/xxx/xxxx
o. Proof of money sent to India for family maintenance
1. £309.68 (INR 30,000) sent on xx/xxx/xxxx
2. £152.92 (INR 15,000) sent on xx/xxx/xxxx
3. £149.28 (INR 15,000) sent on xx/xxx/xxxx
4. £96.95 (INR 10,000) sent on xx/xxx/xxxx
p. HDFC bank statements confirming money received
q. Complete Call History
1. Talk home calling card copy – Showing London access number 0208 150 5004
2. Husband’s XX mobile bills for his mobile number 0XXXXXXXXXX showing the call history of London access number and duration. Note that, a detailed TalkHome call history is requested by my husband. However, it is not ready while making this appeal. This will be provided at a later stage.
r. Skype call history since xx/xxx/xxxx
s. WhatsApp message/Call history since xx/xxx/xxxx

A3 – Proof of Husband’s Employment
a. Letter from employer confirming start of employment (xx/xxx/xxxx), Permanent employment, and annual salary of £xxxxxx
b. Payslips from June 2014 to August 2015
c. My husband’s P60 for the year 2014 – 2015
d. HSBC bank statements from 19th June 2014 – 22nd August 2015
e. My husband’s company ID card confirming the company (XXXXX) and Employee Number (XXXXXX)

A4 – Accommodation
a. Letter from the landlord confirming my husband is the only tenant, and no-objection in me accommodated in that house
b. Electricity bill as of xx/xxx/xxxx
c. Annual gas summary between 2nd Sep 2014 – 1st Sep 2015, as of xx/xxx/xxxx
d. Gas statement as of xx/xxx/xxxx

A5 – Proof of English
a. British council’s letter
b. IELTS certificate

A6 – TB Certificate
a. TB test certificate
b. X-Ray report

A7 – Other documents
a. My current passport (second one) personal pages
b. My previous passport (first one) personal pages

_________
Date of application: July 6, 2015
Date of receiving refusal: Sept 4, 2015
Date of Appeal: Sept 6th, 2015
Documents sent to tribunal: Sept 8th, 2015

Awaiting....

I have received a notice of pending appeal

My solicitor is sayimg to wait till court gives u date then send evidences for a settlement visa appeal

I sent appeal in beginningg of July and my solicitor says you only send evidences after u have been given a court date...

Then the eco check evidences is this true? Or is he bluffing

just2cool wrote:I have received a notice of pending appeal

My solicitor is sayimg to wait till court gives u date then send evidences for a settlement visa appeal

I sent appeal in beginningg of July and my solicitor says you only send evidences after u have been given a court date...

Then the eco check evidences is this true? Or is he bluffing

Hi @Just2cool, I am pasting here the excerpt of what the guide says:

It is important that you attach any evidence that you wish the judge to consider as part of your appeal with this form (or as soon as possible if you are submitting your appeal online). The Home Office will have the opportunity to consider reviewing the original decision prior before a hearing date is set.

They are asking us to post the evidence as quick as possible, as the tribunal send the appeal bundle to the home office for review, and if the home office reviews it based on the additional evidence, and if they still would like to stick with their decision, then it will be called for the court hearing. So I suggest you post all the documents as early as possible.

Hi All, I have created the following post to brief my appeal process for the benefit of others. Please feel free to ask if you have any questions. Thanks to @RkSC for posting your timeline. Your confidence made me to appeal.

http://www.immigrationboards.com/immigr ... 94795.html

@vanakkamchennai
I am also in a similar situation but its a bit complicated. See below my post

http://www.immigrationboards.com/immigr ... l#p1249242

You said you can appeal online - can you tell me how? Also i remember reading in the uk gov website that for appealing you dont have to send documents which are already submitted.

I am unable to send pm to you, let me know if there is a way i can speak to you urgently.

cherokee2015 wrote:@vanakkamchennai
I am also in a similar situation but its a bit complicated. See below my post

http://www.immigrationboards.com/immigr ... l#p1249242

You said you can appeal online - can you tell me how? Also i remember reading in the uk gov website that for appealing you dont have to send documents which are already submitted.

I am unable to send pm to you, let me know if there is a way i can speak to you urgently.

Hi,

Very sorry to hear about your decision. I know what you are going through now.
The immigration system should help people constructively instead of being a rule based dump machine.
They should understand that every rejection is a loss of time, money and most importantly a psychological pain of two young souls.
I am sure, every applicant deserve an interview/email/fax/post opportunity to provide additional evidences apart from the main evidences mentioned in the checklist.

In your case, I am not able to decide what is best (appeal/re-apply). I am sure some senior members here can help you.
In our case, we wanted to see whether the home office is overturning it or not, which is fairly early than the court hearing.

In your refusal letter, they will mention whether you are eligible for appeal or not. If so, they will mention under what category.
Then you need to submit an online appeal (which is faster as per the gov website).
The online links are available in https://www.gov.uk/immigration-asylum-t ... ide-the-uk
In my case, it is IAFT-6 "A decision to refuse a human rights claim for entry clearance", which is https://immigrationappealsonline.justic ... k/IACFees/

And then the sub-category:
I have received a refusal decision dated after 6 April 2015 on:
- An application for leave to enter ; or
- An application for entry clearance ; or
- An application for a certificate of entitlement under section 10 of the Nationality, Immigration and Asylum Act 2002 ; or
- An application for a variation of leave to enter or remain with the result that I have no leave to enter or remain

Rest you can follow easily. Reply here if you need any other help. I watch this forum very closely.

All the best.

Hi,
I am currently in a similar situation and would like to ask your opinion on it. I will briefly describe my position and then ask a question.

I am the Ukrainian spouse of the UK citizen, we got married in London in June this year after having known each other for 4 years and being in relationship for 2. We then applied for a family settlement visa and have received the refusal with the right to appeal. My husband meets all financial and accommodation requirements.

The following were listed in the refusal letter as missing supporting documents:
- Appendix 2 VAF4A (we just missed it as it was a separate form)
- No evidence of sponsor's immigration status (we did not send a copy of my husband's passport)
- No evidence that our relationship is genuine and durable and we intend to live together in the UK (my previous Marriage Visitor visa was issued on the grounds of our relationship so we assumed it will not be required this time)
- no evidence of sponsor's previous marriage being dissolved (Decree Absolute was submitted to general registry office and marriage was registered in the UK, we did not think it would be required again)
- fail to provide some specified documents about sponsor's employment such as bank statements, letter from employer, P60 (again, my two previous visas were granted based on his income and employment, so we only submitted 6 months payslips, however he is in a full time employment earning above the required minimum)
- no evidence of accommodation (he owns the apartment which he does not share with anyone and it has been used as commendation when I successfully applied for my previous visas, we submitted annual Council Tax bill only this time).
I understand that the list of missing evidences seems too long and it is our fault. I therefore have one question: would you recommend to appeal and provide all the missing evidences (which we have) or to reapply paying 1k fee again? What are our chances and which route is the quickest?
Thank you.

powdra wrote:Hi,
I am currently in a similar situation and would like to ask your opinion on it. I will briefly describe my position and then ask a question.

I am the Ukrainian spouse of the UK citizen, we got married in London in June this year after having known each other for 4 years and being in relationship for 2. We then applied for a family settlement visa and have received the refusal with the right to appeal. My husband meets all financial and accommodation requirements.

The following were listed in the refusal letter as missing supporting documents:
- Appendix 2 VAF4A (we just missed it as it was a separate form)
- No evidence of sponsor's immigration status (we did not send a copy of my husband's passport)
- No evidence that our relationship is genuine and durable and we intend to live together in the UK (my previous Marriage Visitor visa was issued on the grounds of our relationship so we assumed it will not be required this time)
- no evidence of sponsor's previous marriage being dissolved (Decree Absolute was submitted to general registry office and marriage was registered in the UK, we did not think it would be required again)
- fail to provide some specified documents about sponsor's employment such as bank statements, letter from employer, P60 (again, my two previous visas were granted based on his income and employment, so we only submitted 6 months payslips, however he is in a full time employment earning above the required minimum)
- no evidence of accommodation (he owns the apartment which he does not share with anyone and it has been used as commendation when I successfully applied for my previous visas, we submitted annual Council Tax bill only this time).
I understand that the list of missing evidences seems too long and it is our fault. I therefore have one question: would you recommend to appeal and provide all the missing evidences (which we have) or to reapply paying 1k fee again? What are our chances and which route is the quickest?
Thank you.

Hi,

I have responded to your question here: http://www.immigrationboards.com/immigr ... 94795.html

Thank you RkSC. I got inspired to appeal after seeing your posts.

Here you fan find my full timeline. http://www.immigrationboards.com/immigr ... 95-60.html

HI vanakkamchennai and RKSC

Thanks for the post that you have made on this board. Was wondering if you can guide me here. I am in a similar situation as you . I applied for spouse visa in Chennai and my husband is a British Citizen. The visa was rejected since one months pay slip was not submitted. They did not see that he had submitted 5 months worth of pay slip. I went into appeal with pay slips and bank statement from Jan 15- Oct 15. Now the Notice of appeal was received from the tribunal and the same was sent to Chennai british high commission. The Notice of appeal was sent to me dated 8th Dec 2015. How can I find out what is the current status of the same and if it has been overturned. Is there a Chennai number that I can call and enquire which you can share with me ?

thanks

hshahh wrote:HI vanakkamchennai and RKSC

Thanks for the post that you have made on this board. Was wondering if you can guide me here. I am in a similar situation as you . I applied for spouse visa in Chennai and my husband is a British Citizen. The visa was rejected since one months pay slip was not submitted. They did not see that he had submitted 5 months worth of pay slip. I went into appeal with pay slips and bank statement from Jan 15- Oct 15. Now the Notice of appeal was received from the tribunal and the same was sent to Chennai british high commission. The Notice of appeal was sent to me dated 8th Dec 2015. How can I find out what is the current status of the same and if it has been overturned. Is there a Chennai number that I can call and enquire which you can share with me ?

thanks

It doesn't matter that 5 were submitted and 'not seen'. The rules are clear and state 6 months payslips and 6 months bank statements. It would have been quicker to reapply with ALL the required documents.