family settlement visa

I have already posted elsewhere regarding our visa application appeal, on the grounds of missing divorce papers and bank statements. We should hear either way by the 29th of June apparently.

However we are at our wits end and weighing up our options, on the visa4uk website it gives the impression that we can apply online re: the family settlement visa, is that true? also if someone that is in the know can help answer the following:

if we reapply, will my spouse have a visa rejected stamp in their passport?
my spouses TB cert expires in the beginning of june, if we reapply before the expiry is that ok? or do we need to submit a new TB cert?
how much can i do from the uk before i fly to hand over evidence? i am the sponsor.
has anyone got any experience of the premium service, is it worth the extra £400?

my gut says to wait it out, but we have not seen each other since the beginning of December and i am getting no information from anywhere its all very painful

It would have been quicker if you simply reapplied with the correct documents. It is unfortunate that you forgot two of the most important set of documents. The refusal was therefore correct.

In order to reapply, you will have to withdraw your appeal as far as I understand.

CR001 wrote:It would have been quicker if you simply reapplied with the correct documents. It is unfortunate that you forgot two of the most important set of documents. The refusal was therefore correct.

In order to reapply, you will have to withdraw your appeal as far as I understand.

Hi when did it change that the appeal has to be withdrawn? I was under the impression the appeal can still go on, and if the new application is successful, then the BHC will contact the Tribunal and the appeal will cease.

In respect to our original appeal, yes the documents were missing, but i am certain we were not the first and we will not be the last to forget \ misplace documents. if it were so cut and dry, why were we given the chance to appeal?

I said 'as far as I am aware'. Withdrawing might apply to appeals within the UK.

Do you have all your paperwork or has it all be sent with your appeal?

CR001 wrote:I said 'as far as I am aware'. Withdrawing might apply to appeals within the UK.

Do you have all your paperwork or has it all be sent with your appeal?

we submitted the missing evidence along with the IAFT2 form back in January. The evidence required need only be copies only, the rest of the application is over in India with my spouse.

so my take is, get the evidence required ready from my side, bank statements stamped etc, fly to india, with the evidence, complete the application and submit it as required

has anyone got any thoughts on this?

Hello, I have been posting here

http://www.immigrationboards.com/immigr ... l#p1245512

but i wanted to share\know if others from India who are on a spouse visa have had their original decision (refusal) missing evidence withdrawn because the required evidence was submitted during the appeal.

we received the email on the 25th, a few days before the 28 working day deadline, what should we expect next? the letter states they will contact us with their new decision, is it likely that the visa will be granted and we will be asked to submit the passport? i cant find too much info here relating to decisions being withdrawn. i am hoping we dont go into another black hole waiting for the tribunal to do something.

(Refusal) decision withdrawn means that you should be getting the good news soon.
Be patient, it can take a few days!

geriatrix wrote:(Refusal) decision withdrawn means that you should be getting the good news soon.
Be patient, it can take a few days!

we hope to god that you are right. Is it normal for them to withdraw their decision, and then send another update saying a visa has been granted?

can someone help to tell us if it is normal to wait almost a month after the original decision has been withdrawn?

Getting a bit confused here. As I understand this case, the required supporting documents were not all submitted with the spouse visa application form. Because of the missing documents, the visa was refused. At that time the ECO told the applicants which documents were missing.

The applicant decided to appeal.

However, my understanding is that the applicant for an appeal cannot at that appeal stage submit the new evidence identified by the ECO as the problem (documents). The appeal is solely decided on the basis of the documents given with the application form at the time of the original application. Insofar as the ECO was wrong to deny the visa with the documents in front of him at the original stage. And not on the basis of more documents submitted for the appeal stage.

John Green wrote:Getting a bit confused here. As I understand this case, the required supporting documents were not all submitted with the spouse visa application form. Because of the missing documents, the visa was refused. At that time the ECO told the applicants which documents were missing.

The applicant decided to appeal.

However, my understanding is that the applicant for an appeal cannot at that appeal stage submit the new evidence identified by the ECO as the problem (documents). The appeal is solely decided on the basis of the documents given with the application form at the time of the original application. Insofar as the ECO was wrong to deny the visa with the documents in front of him at the original stage. And not on the basis of more documents submitted for the appeal stage.

Now I am confused, what should we do? it is clearly out of our hands as its back with the BHC New Delhi, and we have told the FTT that the appeal can be withdrawn as we had to respond within a certain timeframe.

we are now in real limbo, getting no updates.

John Green wrote:Getting a bit confused here. As I understand this case, the required supporting documents were not all submitted with the spouse visa application form. Because of the missing documents, the visa was refused. At that time the ECO told the applicants which documents were missing.

The applicant decided to appeal.

However, my understanding is that the applicant for an appeal cannot at that appeal stage submit the new evidence identified by the ECO as the problem (documents). The appeal is solely decided on the basis of the documents given with the application form at the time of the original application. Insofar as the ECO was wrong to deny the visa with the documents in front of him at the original stage. And not on the basis of more documents submitted for the appeal stage.

It may be possible to provide additional evidence for family settlement appeals.

That I did not know, thanks.

As some may know, I hope this year to have my wife in Moldova come here to join me. There are a few complications to this which means that the application is not entirely straightforward. Thus what is supplied in the supporting documents category.

The advice I received was that if there is any doubt, that I should supply MORE supporting documents, rather than try to supply what I think the ECOs "just" want from me. This is to avoid the problem if their coming back and refusing the visa because the ideas of the ECO and mine may not the same on what they "need" to see and read. Especially if there are complications.

Basically, I understand that the applicant cannot be penalised for supplying "too many" supporting documents. But they will be penalised for not supplying enough. Therefore, if the applicant even remotely thinks a document might be needed, it should be supplied. The golden rule.

As I explained, there are a few complications to the spouse visa my wife (the applicant) will make out.

However, there are what I consider to be quite powerful reasons why these would not be a barrier to her receiving the visa. But they need to be explained, obviously, to the ECOs. I imagine through a covering letter or letters with other supporting documents.

The question is this. I originally assumed that my wife, as the applicant, will give them this information under her name as part of the packet of supporting documents. After all, she is applying for the visa, and not me. My wife thinks however that this is really something that I should deal with and that it would be better to write these letters of explanation in my name. Even though I am not the applicant.

What's the view on this please? Should she give in these letters as written by her? Or should they be included as from myself?

John Green wrote:As I explained, there are a few complications to the spouse visa my wife (the applicant) will make out.

However, there are what I consider to be quite powerful reasons why these would not be a barrier to her receiving the visa. But they need to be explained, obviously, to the ECOs. I imagine through a covering letter or letters with other supporting documents.

The question is this. I originally assumed that my wife, as the applicant, will give them this information under her name as part of the packet of supporting documents. After all, she is applying for the visa, and not me. My wife thinks however that this is really something that I should deal with and that it would be better to write these letters of explanation in my name. Even though I am not the applicant.

What's the view on this please? Should she give in these letters as written by her? Or should they be included as from myself?

Please continue in your other thread as it becomes confusing when you tag onto another member's thread. This one belongs to perpergkg and their appeal issues.
http://www.immigrationboards.com/immigr ... l#p1349448

Hello,

a quick update, after seriously applying pressure via our MP, we were contacted directly by the Rt Hon, minister for immigration and a manager from the GAT, over decision has been overturned and a call email issued yesterday, today my husband submitted his passport, tb cert, and evidence of sponsors leave to remain, (black and white copy of my passport photo page)

i will be providing a full update later