ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Appeal allowed after Refused Fiancée Visa (My experience)

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

User avatar
CR001
Moderator
Posts: 78008
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Fiance visa refused

Post by CR001 » Sat Jul 06, 2019 10:07 am

lavroh wrote:
Sat Jul 06, 2019 8:28 am
We had absolutely the same issue-our fiance Visa was rejected because my fiance only provided six months of salary slips from the previous job and one month from the current job which he had switched into.

We wrote to the MP who took up the issue with UKVI and Director General UKVI - you can find the email address on the Internet.

The decision got overturned, the key is not to give up and to contact people to build up pressure and get it reconsidered.

You don’t need 12 months of salary slips, you need just enough to exceed the £18,600 requirement and demonstrate that you’ve been working for at least six months, it may be for different organisations.

Also make the complaint and launch an appeal, a combination of all of these things got a very swift overturn.
How is your circumstances the same when you stated in your recent posts that your visa was refused for failing to submit Appendix 2??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Re: Fiancée visa refused

Post by ANKST » Sat Jul 06, 2019 1:06 pm

I wanted to ask -

1. Can we make a new settlement application after we make an appeal or during the process of the appeal?
2. Does the case worker have to ask for all the required documents or are they not required to do so and make a decision even without them?
3. Does the customer care (both the contact numbers from inside and outside the UK) giving wrong or contradicting information have any chance of overturning the refusal after the appeal?

User avatar
CR001
Moderator
Posts: 78008
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Fiancée visa refused

Post by CR001 » Sat Jul 06, 2019 1:31 pm

1. Yes you can do both simultaneously.

2. New application requires ALL the supporting documents again to meet ALL the requirements.

3. They often give incorrect advice and take no responsibility for it either. You will likely be refused an appeal if you say 'but the call centre said xyz' with no written proof of this.

You failed to submit what was required, i.e. 12 months payslips.

Page 24 of the Appendix 1.7 if the current employment is less than 6 months clearly states the requirements.

https://assets.publishing.service.gov.u ... ext_1_.pdf
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:

Re: Fiancée visa refused

Post by seagul » Sat Jul 06, 2019 2:30 pm

lavroh wrote:
Sat Jul 06, 2019 8:28 am


You don’t need 12 months of salary slips, you need just enough to exceed the £18,600 requirement and demonstrate that you’ve been working for at least six months, it may be for different organisations.
.
The requirement is not just merely a person has earned at least £18600 rather he has to prove it with correct type and number of documents covering the relevant period. In your case the refusal is correct and in future too if you only want to rely on 6 months of paper work then wait for 6 months with present employer.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Re: Fiancée visa refused

Post by ANKST » Sat Jul 06, 2019 3:46 pm

If we make a fresh application, we'll definitely provide 12 (or more) months of pay slips. If we apply for a spouse visa, will the same UK naric certificate work or will we need a new one?

User avatar
Casa
Moderator
Posts: 25101
Joined: Wed Jul 23, 2008 2:32 pm

Re: Fiancée visa refused

Post by Casa » Sat Jul 06, 2019 3:55 pm

The same one will be fine.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:

Re: Fiancée visa refused

Post by seagul » Sat Jul 06, 2019 6:31 pm

ANKST wrote:
Sat Jul 06, 2019 3:46 pm
If we apply for a spouse visa, will the same UK naric certificate work or will we need a new one?
If it was issued under Naric red route
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Re: Fiancée visa refused

Post by ANKST » Sun Jul 07, 2019 9:15 am

It was. Isn't it the same one required for the fiancee visa?

User avatar
Casa
Moderator
Posts: 25101
Joined: Wed Jul 23, 2008 2:32 pm

Re: Fiancée visa refused

Post by Casa » Sun Jul 07, 2019 9:18 am

ANKST wrote:
Sun Jul 07, 2019 9:15 am
It was. Isn't it the same one required for the fiancee visa?
Exactly the same.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

lavroh
Newly Registered
Posts: 12
Joined: Fri Jun 28, 2019 9:17 pm
India

Re: Fiancée visa refused

Post by lavroh » Sun Jul 07, 2019 10:29 am

It took us a couple of days to get it overturned, the keys is apply pressure to the MP and emailing the director-general, possibly threatening involving the Parliamentary and health service Ombudsman.

lavroh
Newly Registered
Posts: 12
Joined: Fri Jun 28, 2019 9:17 pm
India

Re: Fiancée visa refused

Post by lavroh » Sun Jul 07, 2019 10:30 am

CR001 wrote:
Sat Jul 06, 2019 10:07 am
lavroh wrote:
Sat Jul 06, 2019 8:28 am
We had absolutely the same issue-our fiance Visa was rejected because my fiance only provided six months of salary slips from the previous job and one month from the current job which he had switched into.

We wrote to the MP who took up the issue with UKVI and Director General UKVI - you can find the email address on the Internet.

The decision got overturned, the key is not to give up and to contact people to build up pressure and get it reconsidered.

You don’t need 12 months of salary slips, you need just enough to exceed the £18,600 requirement and demonstrate that you’ve been working for at least six months, it may be for different organisations.

Also make the complaint and launch an appeal, a combination of all of these things got a very swift overturn.
How is your circumstances the same when you stated in your recent posts that your visa was refused for failing to submit Appendix 2??
They are the same in that resubmitted eight months of salary slips with a change of job in between

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Help with financial evidence for spouse visa

Post by ANKST » Thu Nov 07, 2019 3:53 pm

Hello everyone,

My fiancé (British national) has been a business owner for approximately 9 months. He is going to be employed full-time soon and close his business before he starts his job. We plan to get married and apply for a spouse visa next year.

Do we have to wait to apply for a visa before my partner is employed for more than 6 months or can we submit the application before that? What documents do we need to submit to prove his financial eligibility for the spouse visa application?

Thanks!

User avatar
CR001
Moderator
Posts: 78008
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Help with financial evidence for spouse visa

Post by CR001 » Thu Nov 07, 2019 4:04 pm

Maybe read through your previous topic as the advice will be the same. To avoid another refusal, I strongly suggest he has 6 months employment with ONE employer.

immigration-for-family-members/fiancee- ... 84554.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Re: Help with financial evidence for spouse visa

Post by ANKST » Thu Nov 07, 2019 5:50 pm

Thanks CR001,

Yes, I just wanted to confirm. We can get married before that though, can't we?

I have also lodged an appeal but the Home Office still hasn't given their reconsideration decision yet. They only have 1 week before they need to. Is it usually how late they respond to cases?

User avatar
CR001
Moderator
Posts: 78008
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Help with financial evidence for spouse visa

Post by CR001 » Thu Nov 07, 2019 6:08 pm

You can get married at any time if marrying outside the UK.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Appeal allowed after Refused Fiancée Visa (My experience)

Post by ANKST » Sat Mar 07, 2020 2:50 pm

Hello everyone,

My appeal has been allowed. I thought it would be helpful for a lot of people out there to post my whole experience and timeline here as I have done everything by myself with a lot of help from this forum.

Below is the complete timeline of the lengthy process:

Type of visa applied for: Fiancée (Settlement – Marriage) – Non-priority
Online application submitted on: 4 April 2019
Biometrics: enrolled at 9 April 2019 at VFS New Delhi
Documents were scanned at VFS New Delhi on 9 April 2019 and returned on the same day.
Application forwarded to British High Commission on: 11 April 2019 (notification received via text message)

With my application, every document was submitted. But we only submitted my sponsor’s 8 months of financial documents (bank statements, payslips) and current employer’s letter. We had to submit documents of 12 months and also previous employer’s letter because sponsor changed jobs less than 6 months before application date. We did not know this at the time of application. When we realised this, my sponsor telephoned the paid customer service of UKVI on 29 April 2019. He was told on the phone that any required documents will be requested by the ECO. On 15 May 2019, I got an email from UKVI saying the same thing.

Application prepared for entry clearance: 30 May 2019
After this date I waited to be contacted by ECO for documents but no one did.
Received notification of decision via text message and email: 27 June 2019
Collected passport on: 4 July 2019
Decision: REFUSED
Date on notice of decision: 25 June 2019
Emailed UKVI Complaints Hub: 4 July 2019

Appeal lodged against ECO: 20 July 2019
Type of Appeal: On PAPERS

I lodged the appeal on my own. Read this document carefully: https://assets.publishing.service.gov.u ... de-eng.pdf
I'd definitely recommend getting legal help if not confident enough to fill the appeal form yourself.

Also contacted MP to request for the matter to be looked into. She tried very hard, was very helpful, even wrote a supporting letter for our appeal but it didn’t help.

Received notice of appeal from First-Tier Tribunal: 7 August 2019
It mentioned that Home Office has got 15 weeks to reconsider their decision. I could also send in extra evidential documents in support of the appeal during this time.

I telephoned the tribunal, was informed last date for Respondent to submit bundle: 20 November 2019.

August and September were spent in a bunch of email exchange between us (my sponsor, his mother, MP and I) and the Home Office. We all tried to convince them that they had made a mistake. They refused to acknowledge their mistake. We even sent them the original missing documents via email multiple times, but they didn’t budge. Instead they ended up messing all my details in their replies. So much for a department which is adamant that it doesn’t make a single mistake in their application assessment.

Telephoned the tribunal on 21 November 2019, got to know that the Home Office did not submit bundle. I was told that 8 weeks after that day, we’ll get to know my appeal hearing date. During this time, both parties can send supporting documents.

Received letter from tribunal dated 17 December 2019 on 27 December 2019. It said that the hearing will take place on or after 12 February 2020. Also, the Home Office had until 14 January 2020 to submit their bundle and I had to submit all documents to tribunal and Respondent 2 days before the hearing date.

I submitted all the documents as well as my Witness Statement and Chronology of Events on 13 January 2020.
Telephoned the tribunal on 10 February 2020. Home Office had not submitted the bundle yet. They said, I did not have to but I will get extra points if I submit the Home Office bundle as it constituted the same documents that were in my original application because this will make the judge’s decision easier and also erase any chance of postponing the appeal further. I submitted the documents that Home Office had to submit on 10 February 2020 with a cover letter mentioning that I am doing this because the Respondent is “apparently unable to”.

Appeal hearing date is finalised as 12 February 2020. Telephoned tribunal on that date. They said, it will take 10 working days for the judge to get all the papers and approximately 2 weeks after that a decision will be made. Telephoned them next week, they said judge got papers on 20 February 2020 (6 working days after 12 Feb).

Sponsor received decision via email on: 5 March 2020
Appeal has been ALLOWED.
Notice dated 5 March 2020 (exactly 2 weeks after 20 February 2020)

Telephoned tribunal on 6 March 2020. They said Home Office got 14 days to appeal tribunal decision. If they don’t then they’ll contact me to issue visa.

What I had taken away from my experience is that you would need a lot of commitment and patience. I also want to mention that this only relates to paper hearings.
My sponsor and I decided on a paper hearing because technically, it takes less time than oral hearings. Also, to add on to that, no representation from either side in allowed in a paper hearing. This might work in your favour as it did in mine. I knew that there was a major chance that the Home Office representative might try to twist the case in an oral hearing to suit their narrative.

I want to mention that I did not hire a lawyer or seek any kind of legal advice from anyone. The Home Office is completely unhelpful in all aspects. Everything I knew was from reading forums and advice columns and other related websites. The tribunal customer service are honestly, the sweetest people. They are so helpful and are very friendly and will advice you up to a certain extent regarding appeals. But they are not legal experts as well. They clear your doubts based on whatever experience they’ve got working their job. So, I’d recommend everyone to talk to them instead of the rude Home Office employees.

The judge mentioned everything that I had submitted in support of my appeal in decision letter. From their language, they seemed pretty impressed that I had written my witness statement and Chronology of Events without any legal help. I read this post by bananafish and used the same format for my witness statement: uk-tier-1-post-study-work-visas/my-expe ... 39201.html You have to convince the judge that your stance is correct through your statement. This is definitely one of the most important parts of the appellant bundle. (The judge was definitely not happy with Home Office antics which is clear from what they wrote :D)

Jaune08 wrote in their post, immigration-for-family-members/successf ... 86601.html
you CAN submit new evidence, if that’s the solely reason for your refusal.
If this is the case, make sure that you submit as many supporting documents as you can. It is always better to have more documents than less as sometimes they postpose hearings because not enough supporting documents are provided.

The whole process has been truly stressful in the worst ways. Especially when I knew that I was correct, and the Home Office was wrong, but they just refused to see and acknowledge their error. From my personal experience, I do think that they refuse applications based on the most minute errors so that the applicant makes another application which means more money for them.

I hope this post is helpful for many others. I will update with further progress once I get my visa. Please feel free to ask anything.
Thanks!

BordersDivide
Junior Member
Posts: 54
Joined: Fri May 24, 2019 9:10 am
Egypt

Re: Appeal allowed after Refused Fiancée Visa (My experience)

Post by BordersDivide » Sun Mar 08, 2020 3:27 pm

ANKST wrote:
Sat Mar 07, 2020 2:50 pm
Thank you for sharing. I will be following your updates for getting the visa. Least now you know you are waiting for positive outcome.

Fififadi
Member
Posts: 135
Joined: Fri Aug 09, 2019 3:00 pm
Mood:

Re: Appeal allowed after Refused Fiancée Visa (My experience)

Post by Fififadi » Mon Mar 09, 2020 10:34 am

ANKST wrote:
Sat Mar 07, 2020 2:50 pm
Hi

This is great news! Congratulations! Thanks for sharing.

I hope the next steps are quick and painless too.

Will keep an eye on your post for updates!

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Re: Appeal allowed after Refused Fiancée Visa (My experience)

Post by ANKST » Tue Mar 10, 2020 1:14 pm

BordersDivide wrote:
Sun Mar 08, 2020 3:27 pm

Thank you for sharing. I will be following your updates for getting the visa. Least now you know you are waiting for positive outcome.
Hoping for positive outcome for you too :)
I just hope the Home Office does not appeal now. I don't think they will given that they didn't even care to submit the bundle.
Will keep you updated with my progress. Keep posting your updates too!

ANKST
Newbie
Posts: 45
Joined: Sat May 11, 2019 3:39 pm
India

Re: Appeal allowed after Refused Fiancée Visa (My experience)

Post by ANKST » Tue Mar 10, 2020 1:16 pm

Fififadi wrote:
Mon Mar 09, 2020 10:34 am

Hi

This is great news! Congratulations! Thanks for sharing.

I hope the next steps are quick and painless too.

Will keep an eye on your post for updates!
Hi,

Thank you :)

Will keep this post updated with my progress!

All the best to you!

Locked
cron