Appeal against Refusal of Entry (Wife Settlement Visa)

[vanakkamchennai]

Hi,

Chennai BHC will provide the status of appeal bundle was received or not through https://ukvi-international.faq-help.com. Don't use the dial in number, which I tried and was not useful, as this status cannot be straightaway answered.

At this stage, the only indication that BHC will update whether the review is successful or not. Since you have already waited this long, and considering Christmas hoildays and Chennai floods, I would wait for few more days until the BHC review. BHC communicates their decision, and please read the posts in http://www.immigrationboards.com/immigration-for-family-members/settlement-spouse-visa-appeal-timelines-from-india-only-t194795.html, for the review timeline. You can check how they obtained their status.

The appeal will consider new evidences if the appeal circumstance has changed since application. However I am not sure whether they will consider new evidences if we miss anything. Evidential flexibility allowed where BHC will request additional evidences which are outside of what is stated in the eligibility.

Check with Mariappan in the above forum.

All the best.

[hshahh]

Thanks I submitted the payslip that was missing in the appeal from will that be classified as new evidence. Also there was a bank statement that I had earlier submitted but the eco came back saying it I not present clearly oversight on his part. Also there were bank statements which had some fixed term deposits which were not considered by ecowhile deciding on financial requirement. Will these be considered now or not any more.

Also the fact that while making the application you did not submit all the documents but missed some which you do possess will those not be considered in over turning the application rejection decision?

We are very frustrated because my husband works in a big UK bank and earns over 6 digit salary over last 5 years and just because we missed submitting one month's pay slip the economy considers that financial requirements are not met. I even submitted the latest tax return along with bank statements but even that wasn't considered.

In the appeal from I submitted a letter from his companys HR stating the salary detail. I hope they consider that.

Not sure what more can we provide which will make them satisfied from a financi requirement perspective.

Also in what circumstances do they provide evidential flexibility to someone?

[hshahh]

Hi Cr001 - thanks for your feedback. So are we saying even if I have evidence to prove that I meet the Financial Requirement by a decent margin, the fact that 1 document was not submitted at the time of the application the only other easier way is to re apply with that 1 missing document. Since every time you re apply you end up paying 1,000 GBP and do you think it makes sense to do that just because you missed one document. ?? Also if there were other documents which were submitted but not considered by the ECO while making the decision, does it mean they are not of relevance while taking the refusal decision.

Appreciate your expert views on this.

[Casa]

Were you reliant on fixed term deposits as part of your financial evidence? Only immediately accessible funds are considered.

[hshahh]

These were term deposits which can be broken at any time without any notice for loss of interest.

[Casa]

These were term deposits which can be broken at any time without any notice for loss of interest.

Were the term deposits £16,000 or over?

[hshahh]

They were 7 times over that limit. they ran in 6 digits.

[arusha123]

Hi all,
Please guide on the below situation...

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.

-- I have completed my financial year and provided the CT600 from 10-Sep-2014 till 30-Sep-2015

--- Incorporation Date - 10/09/2014

Sorry for the long email… Could anyone of you had any previous experience similar to my case and best way for me to defend the situation.

Please advice.

Can I go for the appeal for this and will it get through successfully..?

Thanks in advance ......

[ckpquiz]

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

===================================================

Hi RKsc

For Missing doc refusal reasons (for either NARIC or degree certificate or even both of them missing), are you saying appealing would be considered & successful subject to the long timelines. Although this would be considered as ' New or additional evidence ' provided after the application submitted.

Any suggestions pls ?

[melissaica]

hi All!

I know this conversation been a while now. but as I've just applied for my visa and in 4 weeks waiting now I have a doubt after read a lot of forum.

Just to prepare for the worst as I already fed up with all the process as well, could you please Mrs. RS explain to me Appeal process. I don't understand that Despatch after refusal, do you have to send your supporting document or you can scan it? or you have to submit it once you apply to VFS?

I'll be verymuch gratefull if you could assist me.

Regards,
Mel

[RkSC]

To ckpquiz

Any documents which you did not submit / was incomplete can be submitted with the appeal PROVIDED that you had the ability to prove it before the submission of initial Visa application. For example: if you are a degree holder and had a NARIC certificate but somehow missed it in the application process, you can include them in appeal....BUT if you did not have the certificates as you were waiting from Universty etc then you cannot. Hope this makes sense

To melissaica

Date of dispatch (From high commission to us) is when they managed to send the passport back after refusal (+3 days for us to get it). We had to wait for 1 month to get it back from the time they refused the visa.

Once we received the passport we filed an appeal in UK tribunals and attached all the documents copy + additonal (missed) documents with it.

[RkSC]

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

It is always good to know that the blog helped you sort the Visa issues. I can see you have been busy helping others God bless!

[stler]

Hi All,

This is my first post here. This thread was of immense help in dealing with my appeal. I thought I'll add my case, so that it will help others in my situation.

I applied for a settlement visa for my wife from vfs, hyderabad(vac chennai) on 15/06/2016. Got a visa refusal on 09/082016. Refusal based on 3 conditions.
1. Relationship
Submitted : original marriage certificate
Asked for : other evidence - call logs, photos, chats, money transfer receipts,
air tickets, gifts etc.,
2. Financials - I work as a contractor.
Submitted : p60 & 6 month personal statements.
Asked for - ct600, 12month personal bank statements, business registration cert,
vat cert, vat receipts, 12month business bank st, Accountant letter,
12 month payslips, tax registration cert (utr) etc.,
3. English language - Wife did grad from naric recognised uni
Submitted : original naric english lang cert
Asked for : original degree cert

I did a appeal with all the help by looking at RKSC, vanakkamchennai threads. Sent a appeal on 18/08/2016 to tribunal. Issued a appeal letter on 21/09/2016. Sent the appeal to chennai vac on the same day 21/09/2016. I tried to speed up the process by contacting my local mp. they just came back with the status msg. I'm now waiting for ECO to look at the fresh evidence and decide. BTW., I couldn't submit ct600, as I still got time upto jan,2017 to file corporation tax and explained this in the appeal cover letter. Fingers crossed now, waiting for the big decision.

I'm extremely frustrated with this whole experience. No transparency, not intuitive, can't plan, expensive. bureaucratic. what not.

[Suzy99]

Hi RKSC

My husband,s visa got refused as we did not submit original degree certificate and they also state that we did not provide "original UK NARIC correspondence". I agree that we forgot to submit the original degree certificate however , we did provide the uk NARIC documents. I am confused as to what did We missed from uk NARIC. We submitted cover letter addressed address to my husband, a statement which states that his degree is comparable to uk bachelor ''s degree and 3rd page which states that the degree he hold meet the requirement of CERF level C1. We submitted all 3 pages.

Would you be able to let me know what documents you submitted from UK NARIC please. And also, some lawyers are suggesting that we re apply as the time for appeal is like 1 year. Another one suggested appeal and reapply at the same time. I am really confused .

We do have documents ( uk NARIC and degree and letter from uni which states degree was taught in English) and uk NARIC we submitted and it was in the documents that wasreturned to us , both original and copy.

I don't know if u should appeal or not as we did forgot to submit degree certificate. And also, for appealing , do we have to use lawyer or can we do it ourself? It can't be that hard. Did you use lawyer for yours?

[stler]

Hi Suzy99,

Very sorry to hear that your husband's visa got refused. I'm in the same boat and can understand your situation.

Related to refusal - reason I got, one of them being english lang requirement and asked me to include original degree cert. The letter I got from NARIC was sufficient confirming the course is on par with CERF level C1. There could be a possibility that wording in the refusal letter wasn't accurate. you can write to visa support and confirm.

To me, I opted to appeal than re-applying. My justification was my appln is straight fwd and included all the relevant documents they asked for. The timelines are pretty lousy at chennai compared to delhi. I dropped my appeal on 18/Aug/2016 and yet to hear from ECO, chennai. Even the priority applns taking roughly 2months.

[stler]

Asked for an update from Global.Appeals@fco.gov.uk and received the following reply. This makes me wonder whether they had sent my appeal to Chennai (vac) or processing here at croydon. Any ideas?

+++++++++++++++++++++++++++

The appeal has been received here at Global Appeals and will be processed in date of receipt order.



Entry Clearance Manager

International Casework & Quality Assurance Team

UKVI International

Global Appeals

2nd Fl. Apollo House 36 Wellesley Road Croydon CR9 3RR

Tel: +44 (0)20 8760 8054

[stler]

My notice of pending appeal was dated 21/09/2016. I haven't heard anything back from ECM / Global appeals. Does this mean ECM hasn't overturned the decision? Pls update.

[Waiting Too long]

Hello Stler,

I have the similar situation . I have received the determination favoring to our side on December 23rd 2016. Original Post visa processed in Chennai. How long it took for you to get the visa after appeal Allowed ?

Thank you