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richseals
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Refusal based on lack of evidence (although the evidence was supplied)

Post by richseals » Thu Sep 26, 2019 12:49 pm

Hi,

Any advice is gratefully received.

I have just received a refusal email for my wife to live with me for 2.5 years based on lack of evidence.

They listed 6 items, and all I had supplied evidence for. They asked for specific documents from my accountant and they were supplied.

Obviously I will be appealing.

My main concern is the upload facility via VFS Global. I had so much trouble with the system, it makes me wonder if they have actually seen the documents. I checked this morning, and the documents they requested are on the system.

On the day of uploading, we had to pay for VFS Global to upload for us, as the system was that bad.

Does anybody have advice regarding the appeal system?

Thank you!

Richard

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Zerubbabel
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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by Zerubbabel » Thu Sep 26, 2019 1:05 pm

Someone from my family got his Tier 4 visa refused because he didn't provide a CAS and proof of funds.

It was a paper application. The CAS and the proof of funds from a Lloyds account were there.

We went to see a solicitor who told us this is a classic from the Home Office to ignore some documents and issue a refusal based on the lack of thereof.

It's an obvious appeal case. We appealed then later contacted the MP. The refusal decision was reversed and the visa granted but we lost 2 months.

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by geoeng » Thu Sep 26, 2019 1:12 pm

I have seen anecdotal reports that some people have been successful in having the decision overturned simply by emailing HO and demonstrating that the documents HO claimed were missing were in fact provided with the application and this was somehow missed by whoever had reviewed the application. This of course is assuming the missing documents were the only reason for a refusal. Not saying this will definitely work, but may be a first step to try before going right for an appeal, which I understand can take a while. Contacting your MP may also help in this regard.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Zerubbabel
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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by Zerubbabel » Thu Sep 26, 2019 1:18 pm

Sorry, in my post I meant "Administrative Review".

Actually, if you read the refusal letter, they tell you how to fill an AR.

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by waleed205 » Thu Sep 26, 2019 1:19 pm

What is the refusal basis please? Lack of which evidence?

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by geoeng » Thu Sep 26, 2019 1:20 pm

As it's also a complaint about service and professional conduct rather than only the decision, you could try this email as well: https://www.gov.uk/government/organisat ... -procedure
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by waleed205 » Thu Sep 26, 2019 1:42 pm

richseals wrote:
Thu Sep 26, 2019 12:49 pm

My main concern is the upload facility via VFS Global. I had so much trouble with the system, it makes me wonder if they have actually seen the documents. I checked this morning, and the documents they requested are on the system.
It’s the same concern I have. I uploaded the documents and I checked a day later one of them disappeared, I uploaded again. On the bio date, I asked VFS staff to confirm but he claimed that he can’t see. Maybe because I didn’t buy their uploading services.

I’m not sure if I can do anything before the decision to avoid similar situation as yours.

Good luck I hope your AR works.

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by richseals » Thu Sep 26, 2019 2:17 pm

Thank you so much for those who have responded.

My wife was previously married and they said we had not proven she was divorced and therefore our marriage was not legal. I supplied a County court letter saying that the divorce was verified. And obviously supplied our own marriage certificate.

The other docs were business related info from my accountant.CT600 etc. They also said personal bank statements hadn't been supplied.

I've just found a email confirmation of what had been uploaded and all the docs were there.

Just waiting for a solicitor to return my call.

I wish you all luck in this situation.

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by Fizzy513 » Thu Sep 26, 2019 3:37 pm

richseals wrote:
Thu Sep 26, 2019 2:17 pm
Thank you so much for those who have responded.

My wife was previously married and they said we had not proven she was divorced and therefore our marriage was not legal. I supplied a County court letter saying that the divorce was verified. And obviously supplied our own marriage certificate.

The other docs were business related info from my accountant.CT600 etc. They also said personal bank statements hadn't been supplied.

I've just found a email confirmation of what had been uploaded and all the docs were there.

Just waiting for a solicitor to return my call.

I wish you all luck in this situation.

Hi sorry to hear this news. Was this application from abroad? How did you receive the refusal letter. Was it emailed to the applicant or posted to the sponsor? Or was this collected from the application centre

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by richseals » Thu Sep 26, 2019 3:43 pm

Fizzy513 wrote:
Thu Sep 26, 2019 3:37 pm
richseals wrote:
Thu Sep 26, 2019 2:17 pm

Hi sorry to hear this news. Was this application from abroad? How did you receive the refusal letter. Was it emailed to the applicant or posted to the sponsor? Or was this collected from the application centre
Hi,

We made the application abroad, in Brasil and uploaded the documents whilst in Brasil.

The refusal letter was via email.And was sent to myself, the sponsor. But that is who we requested it to be sent to.

Not sure you can collect.

Just spoken with a solicitor, and she said she had spent all afternoon uploading docs to VFS Global, which continually kept crashing. She believes its only a matter of time until the processs comes under new scrutiny.

She has suggested a pre action, judicial review letter. If she writes for me, it will be £600.

Apparently, the review system takes 6-12 months and she would charge £3k to hire a barrister to represent me.

This get worse and worse!

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by Fizzy513 » Thu Sep 26, 2019 5:39 pm

richseals wrote:
Thu Sep 26, 2019 3:43 pm
Fizzy513 wrote:
Thu Sep 26, 2019 3:37 pm
richseals wrote:
Thu Sep 26, 2019 2:17 pm

Hi sorry to hear this news. Was this application from abroad? How did you receive the refusal letter. Was it emailed to the applicant or posted to the sponsor? Or was this collected from the application centre
Hi,

We made the application abroad, in Brasil and uploaded the documents whilst in Brasil.

The refusal letter was via email.And was sent to myself, the sponsor. But that is who we requested it to be sent to.

Not sure you can collect.

Just spoken with a solicitor, and she said she had spent all afternoon uploading docs to VFS Global, which continually kept crashing. She believes its only a matter of time until the processs comes under new scrutiny.

She has suggested a pre action, judicial review letter. If she writes for me, it will be £600.

Apparently, the review system takes 6-12 months and she would charge £3k to hire a barrister to represent me.

This get worse and worse!
I'm sorry to hear this. So refusal will always be letter or email. It won't be handed to you at application centre as in no need really to waste your time to them.

What are you going to do? I think you have a month to decide? Seems very expensive might be worth just putting in a new application?

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by seagul » Thu Sep 26, 2019 6:08 pm

richseals wrote:
Thu Sep 26, 2019 2:17 pm

My wife was previously married and they said we had not proven she was divorced and therefore our marriage was not legal. I supplied a County court letter saying that the divorce was verified. And obviously supplied our own marriage certificate.
County court letter alone wont work rather an original divorce certificate issued by the competent authorites will only be accepted. Also the date of divorce should be earlier than when you have married.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by CR001 » Thu Sep 26, 2019 6:13 pm

Can you post the exact wording of the refusal, taking out personal information.
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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by richseals » Thu Sep 26, 2019 7:22 pm

[/quote]

County court letter alone wont work rather an original divorce certificate issued by the competent authorites will only be accepted. Also the date of divorce should be earlier than when you have married.
[/quote]

I referred to this being a letter, but it was a 'Decree of Absolute (Divorce) paper. The divorce being dated February 2012.

The solicitor, said the 'Decree Absolute' was the correct document to send.

The refusal letter said, "you have not submitted any documentary evidence to confirm that this marriage is legally ended."

For them to say, 'not submitted any' makes me think that they didn't receive the document.

Hopefully this can be resolved...

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by richseals » Thu Sep 26, 2019 7:28 pm

CR001 wrote:
Thu Sep 26, 2019 6:13 pm
Can you post the exact wording of the refusal, taking out personal information.
Here is the refusal in full. It was 4 pages.

And as I say, I have supplied the business documents they said we're required.

I also paid for a document check service and have receipts of the docs uploaded. And they are still uploaded to the website.

The letter:

REASONS FOR REFUSAL ROA
On 11 July 2019 you made an application for entry clearance to the UK under Appendix FM to the Immigration Rules on the basis of your family life with your partner xxxxxxxx.

Your application has been considered under those Rules, and with reference to Article 8 of the European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed on gov.uk here: www.gov.uk/guidance/immigration-rules.

This decision takes into account as a primary consideration the best interests of any relevant child in line with section 55 of the Borders, Citizenship and Immigration Act 2009.

We have considered your application under paragraph EC-P.1.1. of Appendix FM. However, you do not qualify for entry clearance under the 5-year partner route for the following reasons:

Suitability
Your application does not fall for refusal on grounds of suitability under Section S-EC of Appendix FM.

Eligibility
Under paragraph EC-P.1.1.(d) you do not meet all of the eligibility requirements of Section E-ECP of Appendix FM for the following reasons:

Eligibility Relationship Requirement
You do not meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10. because:
You state that you were previously married to xxxxxxxxxx. However, you have not submitted any documentary evidence to confirm that this marriage is legally ended. Consequently, I am not satisfied that your marriage is valid. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.7)

Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4. because:
You have stated in your Visa Application Form that you meet the financial requirement through your sponsor’s self-employment as director of xxxxxxxxxxxxxxxx. I am not able to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties. In order to meet the financial requirements of Appendix FM your sponsor needs a gross income of at least £18,600 per annum. You state that your sponsor has been self-employed for 20 years and earns an income of £24,486 in the last full financial year.

The Immigration Rules state that in respect of self-employment in the UK, all of the following evidence must be provided (http://www.ukba.homeoffice.gov.uk/polic ... ndix-fmse/):

All of the following must be provided:

Appendix FM-SE paragraph (9)(b)
(i) Company Tax Return CT600 (a copy or print-out) for the last full financial year and evidence this has been filed with HMRC, such as electronic or written acknowledgment from HMRC.
(ii) (Evidence of registration with the Registrar of Companies at Companies House.
(iii) (iii) If the company is required to produce annual audited accounts, such accounts for the last full financial year.
(iv) If the company is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant's certificate of confirmation, from an accountant who is a member of a UK Recognized Supervisory Body (as defined in the Companies Act 2006).
(v) Corporate/business bank statements covering the same 12-month period as the Company Tax Return CT600.
(vi) A current Appointment Report from Companies House.
(vii) One of the following documents must also be provided: (1) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year.
(2) Proof of ownership or lease of business premises.
(3) Original proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC.
c) Where the person is listed as a director of the company and receives a salary from the company, all of the following documents must also be provided:
(i) Payslips and P60 (if issued) covering the same period as the Company Tax Return CT600.
(ii) 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.
(d) Where the person receives dividends from the company, all of the following documents must also be provided:

(i) 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 person's net dividend amount and tax credit.
(ii) Personal bank statement(s) showing that those dividends were paid into an account in the name of the person and their partner jointly.
You have not submitted the required documents as listed above. Although you have provided financial statements for Cavalry Designs associates Ltd and your sponsor’s bank statements, the other documents listed above were nor submitted with your application. You have therefore failed to provide the required documents relating to your sponsor’s employment. These documents are specified in the Immigration Rules in Appendix FM-SE and must be provided. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)

Eligibility English Language Requirement
You meet the eligibility English language requirement of paragraphs E-ECP.4.1. to 4.2.

Exceptional Circumstances
We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM as applicable, whether there are exceptional circumstances in your case which could or would render refusal a breach of Article 8 of the ECHR because it could or would result in unjustifiably harsh consequences for you or your family. In so doing we have taken into account, under paragraph GEN.3.3. of Appendix FM, the best interests of any relevant child as a primary consideration.

You have provided no information or evidence to establish that there are any exceptional circumstances in your case.

Refusal under the Partner Rules
In light of the above, your application is refused under paragraph D-ECP.1.3.of Appendix FM with reference to paragraph EC-P.1.1.(d) and you do not qualify for entry clearance on the 5-year partner route, or on the 10-year partner route on the basis of exceptional circumstances, under Appendix FM.

NEXT STEPS ROA

RIGHT OF APPEAL
You have 28 days from the date you receive this decision to appeal. Information on how to appeal, the appeal process and the fees payable are all available online at:
https://www.gov.uk/immigration-asylum-t ... ide-the-uk

If you want to seek legal advice you must do so now.

IMMIGRATION HEALTH SURCHARGE
If you have paid the Immigration Health Surcharge it will be refunded. You may need to pay again if any appeal is successful.
https://www.homeofficesurveys.homeoffic ... sasurveyuk

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by CR001 » Thu Sep 26, 2019 8:33 pm

Ok, so what list of documents exactly were submitting and what is your income AFTER allowable expenses and BEFORE tax?

I am still unsure what you submitted as evidence of divorce. Only an official Divorce Decree Absolute would be accepted. The document you submitted, when exactly did you get it?? Where did your divorce take place, presumably in the UK??
Char (CR001 not Casa)
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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by richseals » Thu Sep 26, 2019 9:47 pm

CR001 wrote:
Thu Sep 26, 2019 8:33 pm
Ok, so what list of documents exactly were submitting and what is your income AFTER allowable expenses and BEFORE tax?

I am still unsure what you submitted as evidence of divorce. Only an official Divorce Decree Absolute would be accepted. The document you submitted, when exactly did you get it?? Where did your divorce take place, presumably in the UK??
Hi,
The income as you asked is £27k, but made up of dividends and low wages.

Everything they asked for was supplied and the relevant checklist they supplied was adhered to. They have copied and pasted from the website what I needed to supply, not told me what I didn't supply. As I say, I supplied all of what they say I haven't.They are still uploaded on the system, as I checked today. I also have an acknowledgment receipt of what was uploaded.

To clarify, the divorce decree absolute was for my wife, not myself. I applied for it from the Welsh courts in 2018. The decree is from the 'Family Court at Pontypridd'. And is a D37 Divorce of Absolute (Divorce) letter / certificate.

The solicitor I spoke to today, said it was the correct piece of evidence.

I appreciate your responses.

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by ms1993 » Fri Sep 27, 2019 6:16 am

waleed205 wrote:
Thu Sep 26, 2019 1:42 pm
richseals wrote:
Thu Sep 26, 2019 12:49 pm

My main concern is the upload facility via VFS Global. I had so much trouble with the system, it makes me wonder if they have actually seen the documents. I checked this morning, and the documents they requested are on the system.
It’s the same concern I have. I uploaded the documents and I checked a day later one of them disappeared, I uploaded again. On the bio date, I asked VFS staff to confirm but he claimed that he can’t see. Maybe because I didn’t buy their uploading services.

I’m not sure if I can do anything before the decision to avoid similar situation as yours.

Good luck I hope your AR works.
Hi Waleed

Could I ask how you checked the docs were uploaded? I was told that they can’t see what is scanned but I did pay the fee for the scanning service by VFS

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by geoeng » Fri Sep 27, 2019 8:00 am

richseals wrote:
Thu Sep 26, 2019 3:43 pm
She has suggested a pre action, judicial review letter. If she writes for me, it will be £600.

Apparently, the review system takes 6-12 months and she would charge £3k to hire a barrister to represent me.

This get worse and worse!
You don't necessarily need a barrister or solicitor, it will depend on how comfortable you are with going through the review process themselves. There is guidance available and others have done it without legal assistance. There is always the possibility that the Home Office made a mistake when considering your application, which is why there is an administrative review process. As I mentioned, contacting your MP for assistance or clearly outlining your case in a complaint email to HO will not affect any future appeal rights, will not cost you anything, and could be of some benefit in either getting more information about the refusal or in having the refusal overturned if you have provided the correct documents and they were simply overlooked when your application was being considered.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Re: Refusal based on lack of evidence (although the evidence was supplied)

Post by TODMATT » Fri Sep 27, 2019 1:52 pm

If this is a spouse visa then AR doesn't work as it will be totally ignored and also ROA is given.

Alot of members have been refused based on missing evidence despite submitted. I will visit your local MP asap and esclate your concerns as well as your disatisfaction with the decison.

It is possible that your decison can be overturned through the help of your MP without needing to go through appeal because it's a lenghty process.

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