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28-day rule for fiancee visa

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Dave1984
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28-day rule for fiancee visa

Post by Dave1984 » Wed Aug 07, 2019 7:29 am

Hello,

My US-based partner recently applied for a UK fiancee visa. As part of the process, we submitted 12 months of my payslips and a letter from my employer, as well as corresponding bank statements. Due to having decided to cancel an original application and reapply, I found my payslips for the original application (last payslip dated 20 June) were not 28 days within the new submission date (18 July). However, because of how my pay dates fall, my next payslip would fall one day over the application date (19 July). We therefore submitted 13 months payslips, including the payslip dated 19th July (online application completed on 18th July) and a new letter from my employer dated 19th July. The documents will arrive today.

Having read forums, I note that a lot of people have been rejected on the grounds of not only being outside 28 days for the submission of payslips and bank statements, but also submitting evidence dated after online application. I still have a signed and dated letter previously provided by my employer for the previous application, which is dated 10 July. This does not include the 19th July payslip but does include the previous 12 and is within 28 days of the application date.

Is it worth writing to ECO, explaining my reasons for the submission of the document dated after the application and enclosing the previous letter provided by my employer? Or will this cast doubt on the validity of my previous documents?

Any advice gratefully received. I obviously want to avoid the application being rejected on these grounds and us losing all the money in the process.

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seagul
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Re: 28-day rule for fiancee visa

Post by seagul » Wed Aug 07, 2019 10:23 am

Dave1984 wrote:
Wed Aug 07, 2019 7:29 am
.

Is it worth writing to ECO, explaining my reasons for the submission of the document dated after the application and enclosing the previous letter provided by my employer? Or will this cast doubt on the validity of my previous documents?
It won't work because they will follow their guidance. Few members got success with attaching post dated documents but a lot members got refusal by attaching the documents older than 28 days.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Dave1984
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Re: 28-day rule for fiancee visa

Post by Dave1984 » Wed Aug 07, 2019 10:32 am

On that basis, I believe it's better to at least try to correct the mistake by sending the previously written letter than wait to just be rejected on the grounds of an inadmissible document.

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seagul
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Re: 28-day rule for fiancee visa

Post by seagul » Wed Aug 07, 2019 12:22 pm

Dave1984 wrote:
Wed Aug 07, 2019 10:32 am
On that basis, I believe it's better to at least try to correct the mistake by sending the previously written letter than wait to just be rejected on the grounds of an inadmissible document.
No harm in doing so for only own peace of mind.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Dave1984
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Re: 28-day rule for fiancee visa

Post by Dave1984 » Wed Aug 07, 2019 12:24 pm

Thanks for your response. Appreciated :D

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KristianDLloyd
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Re: 28-day rule for fiancee visa

Post by KristianDLloyd » Wed Aug 07, 2019 5:27 pm

Dave1984 wrote:
Wed Aug 07, 2019 12:24 pm
Thanks for your response. Appreciated :D
I had a similar issue and my Solicitor advised that UKVI categorically would not consider documents dated after the application date, so I made sure that all documents were dated within the 28 days preceding the application date.

However, it’s down to the individuals (ECOs) interpretation of guidance documents.

Application Type: Settlement, Fiancé
Application Date: 26 June 2019
Decision Date: 29 August 2019
Decision: Granted

Application Type: FLR(M)
Application Date: 23 October 2019
Decision Date: 28 October 2019
Decision: Granted

Dave1984
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Re: 28-day rule for fiancee visa

Post by Dave1984 » Thu Aug 08, 2019 9:13 am

Thanks Kristian. I'm hoping that if I explain the error and provide the original letter I sourced from my employer, which is a dated, signed original within the 28 day period and before the online application date, they will still consider it. There are examples on here where providing evidence after the fact in this way has been successful, so I live in hope!

Dave1984
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Re: 28-day rule for fiancee visa

Post by Dave1984 » Thu Sep 12, 2019 7:44 am

Hi - to update you, we received our fiance visa yesterday, which was just within six weeks since biometrics (priority). Following up with additional information appears to have been a good move. Looks like you can correct mistakes after the fact or perhaps ECO were just relaxed about the original error. Either way, thanks for all your advice.

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Re: 28-day rule for fiancee visa

Post by THO » Thu Sep 12, 2019 8:02 am

I suspect that if you had not provided the documents, you would have been given the right to appeal, and it would have been successful, so to avoid the needs for the HO to have to review the case again, freeing up time for them to deal with all the other appeals they get, they would consider slightly late evidence to correct an issue. Especially where the in-date evidence was only available, after the application was made.

I keep hearing that there is a new way of doing things.

Adlilkhan
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Re: 28-day rule for fiancee visa

Post by Adlilkhan » Sun Nov 10, 2019 11:49 pm

Hi Dave,
I myself had submitted an employment letter dated after my application submission dates, even though i had a suitably dated one already. For some reason i thought the more recent, the better.
I now understand my doc may not be accepted and would like to send the older employment verification letter.
I see you did something similar.
Where did you send this? I thought documents have to go to a London upload centre as Sheffield decision making centre do not accept docs.
I plan to email UKVI for help but if you could please advise what you did, that would be very helpful.

Regards
Adlil

AmazonianX
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Re: 28-day rule for fiancee visa

Post by AmazonianX » Mon Nov 11, 2019 3:09 am

Adlilkhan wrote:
Sun Nov 10, 2019 11:49 pm
Hi Dave,
I myself had submitted an employment letter dated after my application submission dates, even though i had a suitably dated one already. For some reason i thought the more recent, the better.
I now understand my doc may not be accepted and would like to send the older employment verification letter.
I see you did something similar.
Where did you send this? I thought documents have to go to a London upload centre as Sheffield decision making centre do not accept docs.
I plan to email UKVI for help but if you could please advise what you did, that would be very helpful.

Regards
Adlil
Has the applicant given their biometrics already?
Did you use VFS or TLS? The posting
documents to London for upload is an option from the UKVI application partner, applicants /sponsors also have option to scan and upload by themselves.

Adlilkhan
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Re: 28-day rule for fiancee visa

Post by Adlilkhan » Mon Nov 11, 2019 10:41 am

AmazonianX wrote:
Mon Nov 11, 2019 3:09 am
Adlilkhan wrote:
Sun Nov 10, 2019 11:49 pm
Hi Dave,
I myself had submitted an employment letter dated after my application submission dates, even though i had a suitably dated one already. For some reason i thought the more recent, the better.
I now understand my doc may not be accepted and would like to send the older employment verification letter.
I see you did something similar.
Where did you send this? I thought documents have to go to a London upload centre as Sheffield decision making centre do not accept docs.
I plan to email UKVI for help but if you could please advise what you did, that would be very helpful.

Regards
Adlil
Has the applicant given their biometrics already?
Did you use VFS or TLS? The posting
documents to London for upload is an option from the UKVI application partner, applicants /sponsors also have option to scan and upload by themselves.
Yes biometrics given, documents uploaded via TLS before that. I can no longer upload any docs vua TLS

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