Settlement / Spouse Visa Appeal Timelines - FROM INDIA ONLY

Oh, it's very sad to hear. All the best on your hearing then! I got the below reply from them.

"Please note

All of these appeals have been forwarded to The Tribunal

Regards

Global Appeals Team"

its not clear if your appeal is still with the Eco or not, my email had been transferred by global appeal to Sheffield.IslamabadAppeals@fco.gov.uk and they answered me as i told you even if i applied from morocco and my case has been in the Moroccan embassy Paris France and not in islamabad

Hi Mariappan, just an update. After a week of Chennai BHC shutdown due to floods, today morning we have received an email stating the passport was despatched for collection. Hoping for a good news tomorrow.

I will post the exact timeline, later.

All the best for everyone who have appealed.

Hi Saturn,

Yes, even it was not clear to me. But they sent another mail as below for question regarding this. Unfortunately the ECO retained his decision.
"Please note, if your appeal has been forwarded to the Tribunal it means that it has been reviewed and the decision to refuse upheld. You will have to await the outcome of the appeal hearing in front of an Immigration Judge."

Hi Vanakkamchennai,

Great news! You will have visa in hand tomorrow. Please update.

hi mariappanmrt
its sad to hear i hope you hear nice news soon , the problem is that we have to wait for the bundle to arrive so we can know why the decision was upheld.

Hi All,

Just collected the passport today.

Here is the full timeline:

30 JUN 2015 - Online submission of application
06 JUL 2015 - Biometrics in VFS Bangalore
07 JUL 2015 - Email confirmation from Chennai BHC that application received
03 SEP 2015 - Email from Chennai BHC that application concluded and passport despatched.
04 SEP 2015 - Passport received, Visa refused.
07 SEP 2015 - Appeal submitted online [IAFT006]
08 SEP 2015 - Supporting evidence posted (Only photocopies, with a well prepared covering letter)
08 SEP 2015 - Appeal fee deducted (£140)
09 SEP 2015 - Document received in Leicester
11 SEP 2015 - Original IHS Refunded (£597.74)
12 OCT 2015 - Letter of pending appeal issued (one for sponsor/spouse, one for applicant)
09 NOV 2015 - Decision overturned email received
17 NOV 2015 - Received call from Chennai BHC to submit the passport
18 NOV 2015 - Passport re-submited with the existing TB certificate
20 NOV 2015 - Call received from Chennai BHC to pay IHS surcharge.
20 NOV 2015 - IHS Payment done
07 DEC 2015 - Email received about passport despatch
08 DEC 2015 - Passport collected with visa (Vignette valid from Dec 1 to Dec 31. BRP valid from 1 DEC 2015 to 1 SEP 2018). Note that Chennai BHC was closed from 30 NOV 2015 - 4 DEC 2015 because of Chennai floods.
XX XXX XXXX - Appeal payment refund (pending)

Reason of Refusal - Missing email/skype/telephone call records. This could have easily requested by email than a painful rejection.
1. Lack of evidence for subsisting relationship (Main reason of refusal)
2. Missing employer letter (Note made in the refusal letter)

Additional Notes:
1. Seen people getting good response when their local MPs are contacted.
2. Status requests through Email form have received only standard template responses.
3. Escalation done through Email form has no response.
4. Status requests through the expensive dial in number gave no information
5. Tribunal contact number is useful. Their status on their progress is genuine.
5. IHS re-payment advice was provided by ChennaiBHC, which involves filing new online application, with only IHS payment. No application payment and appointment booking required.

Tip: Email request response will have a ContactID# at the subject line. Use this id in all your subsequent email communications, so you don't need to explain your application history, and other redundant information while making new queries. You will have more space to write what you wanted to say.


Mariappan and others, good luck and all the best. I don't agree with the concept of rejection as we have lived in UK enough to prove that we are noble residents. Also the decision is made by someone far away from UK, and who has either no or less knowledge about the culture and lifestyle we have here. Their mind is tuned to evidences like photos, wedding invitations, rental receipts, email records etc. Also they can't accept intercaste and inter-religion marriages. Huge shame.

I will keep following this forum, so please keep posted if you have any questions on my appeal process.

HI vanakkamchennai,

I have applied a settlement spouse visa for my wife and it got rejected because of missing documents company tax return and VAT registration certificate (I work as a contractor in UK). I want to appeal the decision my confusion is Do I need to send all the documents which were submitted earlier (photocopies of all ? or just the missing documents photocopies?) your reply would be much appreciated.

Thank you,
Bharat

skybond7 wrote:HI vanakkamchennai,

I have applied a settlement spouse visa for my wife and it got rejected because of missing documents company tax return and VAT registration certificate (I work as a contractor in UK). I want to appeal the decision my confusion is Do I need to send all the documents which were submitted earlier (photocopies of all ? or just the missing documents photocopies?) your reply would be much appreciated.

Thank you,
Bharat

Hi Bharat,

I am very sorry to hear about your wife's spouse settlement visa refusal and appologise for late response.

In my case I couldn't this information, and hence not to take any further chance, I have decided to send photocopies of all the evidences.

Please check the tribunal on what exactly they need and, you can dial the tribual number, and the response is pretty good.

All the best.

My dear friends, appeal process is not that easy now, i appealed for a spouse visa in May 2015 and even now the AIT says my case is waiting for listing and it may take months to be listed, so fingers cross

Hi SBRUDRA,

In my experience, appeal is efficient (before re-application) only till the home office review stage. If the appeal is not successful in home office review stage (usually 28 days after tribunal sending the appeal bundle), then reapplication is worth considering instead of waiting. In this case, appeal without oral hearing is the best choice.

Hi
I would like to ask if it is normal that the embassy didn't ask for my IHS after I won my appeal, as they didn't mention anything about making any payment. I am afraid I filled up the wrong application.

Hi Imma,

In my case, after the successful appeal, we submitted our passport to the embassy for stamping, and they contacted us separately for IHS payment.

Have you submitted your passport now?

Hi vanakkamchennai
yes I've submitted my passport yesterday.
but am afraid i filled up the wrong application. I am married to a British citizen but when I applied for a settlement visa i applied for marriage visa (i thought that this is the appropriate one), now after i won my appeal i am afraid i will be granted the fiance visa. I ssubmitted with my original application the marriage certificate. So i am wondering whether they will give me a spouse or a fiance visa

Hi, This is quite new to me. I read somewhere in the appeal with new evidences section, they mentioned that, fiance visa appeal can include marriage certificate if the marriage has happened in between. A moderator or someone already experienced in this forum can advise more on your case.

Anyway all the best. Please keep the forum informed about your success story. I am sure it will be useful to others.

Happy Pongal/Sankranti.

Thanks vanakkamchennai

hope someone with the same situation could tell me his story.

as soon as I hear anything from the Embassy I will keep the forum informed.

Hi

Very desperate

Got married in Idian in Nov 2015
Born in the uk, I work earn more than 100k, own home/etc, no criminal record

Visa for spouse refused as fools ie the agents for to send my 6 bank statements, my divorce certificate and had black and white photo copies of my payslips

last week i sent a copy of divorce cert a colour copy, a colour copy of my bank stateets as i am on line banking, and colour copy of my employer confirming i have worked there for 7 years - everthing else is ok

it was not my fault and i have written concise details why items were not supplied orginally or supplied in wrong format

info sent to lecister - how long will it take and what can i expect next please and how to speed up process

thanks

Lindonindian wrote:Hi

Very desperate

Got married in Idian in Nov 2015
Born in the uk, I work earn more than 100k, own home/etc, no criminal record

Visa for spouse refused as fools ie the agents for to send my 6 bank statements, my divorce certificate and had black and white photo copies of my payslips

last week i sent a copy of divorce cert a colour copy, a colour copy of my bank stateets as i am on line banking, and colour copy of my employer confirming i have worked there for 7 years - everthing else is ok

it was not my fault and i have written concise details why items were not supplied orginally or supplied in wrong format

info sent to lecister - how long will it take and what can i expect next please and how to speed up process

thanks

Wish u good luck, but is better if u could get ur MP involved as he will contact the Home Office and speed up the process for u and even they review their decision without going to court.
I have a friend with similar situation and now he got his visa.

Thank you Imma

I really don't see why MP should be involved or court as clearly the fault of the agent, and I have the proof required and been a model uk citizen, and my wife has a degree, speaks a1 English.

How long do you think it will take please? The office/embassy that rejected it was Dehli

Thanks

Lindonindian wrote:Thank you Imma

I really don't see why MP should be involved or court as clearly the fault of the agent, and I have the proof required and been a model uk citizen, and my wife has a degree, speaks a1 English.

How long do you think it will take please? The office/embassy that rejected it was Dehli

Thanks

If you go to court it will take up to one year, and if the home office decided to change their decision before they go to court it might take you only two or three months but as i told u if u could get ur MP involved it will speed up the process and you might get ur visa within one month

Hi Vanakkamchennai

thank you for the very informational post, can i ask what is the status of your current appeal?

my wife's Settlement visa got rejected i just want to understand the time lines.

thanks

Rana.s wrote:Hi Vanakkamchennai

thank you for the very informational post, can i ask what is the status of your current appeal?

my wife's Settlement visa got rejected i just want to understand the time lines.

thanks

Hi Rana,
My appeal has gone through during Home Office review. See the signature field of my messages, you will see the timeline.

Hello Vanakkamchennai,
Appreciate your help in the forum. could you please have a look at the below details about my wife Settlement dependent visa refusal.

Dependent Visa Refused - Financial Reason - Apply to join the family of the Settled Person

I am running my limited company and it has completed the first financial year.
· Limited Company Incorporation Date: 10Sep2014
· Business Bank Account Opening Date: 06-Oct-2014
· Contract Start Date: 20-Oct-2014
· First Invoice Paid into the account: 07-Nov-2014
· My company first Financial year is (10Sep2014 till 30Sep2015).
· Filled the CT600 – Corporation tax for the same period - 10Sep2014 till 30Sep2015

Due to the bank account opening delays, and invoice is not paid into the business account during October 2014, I have not taken the my salary as a director for Sep 2014 & Oct 2014.
I have taken my first salary in Nov-2014.
· Submitted payslips from Nov-2014 till Nov-2015 – 13 Months
· Submitted Business Bank Statements from 31Oct 2014 till 30Nov2015 – 13 Months
· Submitted payslips from Nov-2014 till Nov-2015 – 13 Months
· Submitted Personal Bank Statements from 01Sep2014 till 30Nov2015 – Nearly 15 Months

Now they have refused the visa stating the below reason.

You have not provided any one of the following document which cover the period from 10/09/2014(Incorporation Date) as shown on CT600. The documents you have submitted are dated Oct 2014

· Personal Bank Statements covering the same 12 month period as the company Tax Return CT600 showing that the salary as a director was paid into an account in the name of the person or in the name of the person and their partner jointly
· Corporate/Business Bank statements covering the same 12 month period as the company Tax Return CT600 (My business bank account itself is opened on 06Oct2014 and no transactions till 31Oct2014)
· Dividend Vouchers for all dividends declared in favour of the person during or in respect of the period covered by the company Tax Return CT600 showing the company’s and the person’s details with the persons net dividend amount and tax credit.

These are specified documents and they must be provided. The fact that your sponsor may not have completed a full financial year in the self employment doesn't exempt you from meeting the evidential requirements of Appendix FM-SE. Self employed sponsors are required to have completed a full financial year before they will be able to meet the evidential requirements of Appendix FM-SE.

--- Incorporation Date - 10/09/2014

Please advice whether i can go for the appeal on my own or Do I need to go through with a solicitor in order to explain the grounds.

And regarding the Online appeal form also, it is going to IAFT-2 reference even after clearing the cookies.

Please advice.

Hi we were also refused on the grounds of relationship not genuine somehow the ECO made up the marriage date to be 12 September 2014 when its mentioned everywhere to be in 2015. we submitted appeal using IAFT 6 form. does any one know if it is the right form and where it asks under which human rights article are you appealing and we mentioned 8 as this is the only one applies. please can some one correct me if im wrong thanks

m4m00n wrote:Hi we were also refused on the grounds of relationship not genuine somehow the ECO made up the marriage date to be 12 September 2014 when its mentioned everywhere to be in 2015. we submitted appeal using IAFT 6 form. does any one know if it is the right form and where it asks under which human rights article are you appealing and we mentioned 8 as this is the only one applies. please can some one correct me if im wrong thanks

Hi,

The appeal form (number) and the category you should appeal will be mentioned in your refusal letter.

hi all, does anyone, have an idea of how long it is taking to review an appeal after the IA10 has been issued? My appeal will be sent to BHC New Delhi I think??