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Spouse Visa Appeal

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

enny
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Spouse Visa Appeal

Post by enny » Sun Jan 07, 2018 2:00 am

Hi all,

I am new to this but have been using this site for guidance on spouse applications. My husbands visa was rejected due to our relationship being 'non subsisting' and that we had not provide evidence to show otherwise. I had provided the standara marriage certificate ect and had provided photos of our wedding and then various times we spent together when I visited.
We have decided to appeal the decision (& I pray it's not a difficult process) and sent off the appeal. Payment hasn't been taken yet nor have we received any confirmation that appeal has been lodged. We did not submit additional evidence showing our contact and that our relationship is genuine. Can anyone advise when I need to send this? Many thanks in advance !

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Casa
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Re: Spouse Visa Appeal

Post by Casa » Sun Jan 07, 2018 10:11 am

My understanding is that only evidence submitted with the original application will be considered at Appeal. You will be unable to submit additional documents.
(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.

enny
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Re: Spouse Visa Appeal

Post by enny » Sun Jan 07, 2018 2:20 pm

Thank you for getting back to me. What is the purpose of the ECM reviewing the decision then? If they rejected once, without the evidence to show otherwise they will reject again?

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Casa
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Re: Spouse Visa Appeal

Post by Casa » Sun Jan 07, 2018 2:28 pm

An Appeal is made when it's believed the ECO made an error in the decision.
(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.

enny
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Re: Spouse Visa Appeal

Post by enny » Sun Jan 07, 2018 4:44 pm

So we are appealing because we believe the ECO has made the incorrect decision suggesting that our marriage is not subsisting. Am I correct in assuming that they will review the original docs sent to them and if upheld we only then produce the evidence to show otherwise?
What do I send with the appeal form?

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Re: Spouse Visa Appeal

Post by Obie » Sun Jan 07, 2018 6:29 pm

I believe there are circumstances outside of those in appendix FM-SE in which further evidence will be considered, for example if as in op's case they allege that a relationship is not stable, or they allege fraud.
A person will be entitled to advance those. Employment evidence that post date a decision will not be accepted.
Judge not, and you will not be judged.

enny
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Re: Spouse Visa Appeal

Post by enny » Sun Jan 07, 2018 7:46 pm

Thanks Obie. I just have to wait for them to review the original docs at initial application and then wait for a court date? Not much else we can do.

Ballmigirl17
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Re: Spouse Visa Appeal

Post by Ballmigirl17 » Mon Jan 08, 2018 10:51 am

Hi

If you have appealed, before it gets to the court the home office are obliged to do an appeal review.

A different ECO will review all the documents submitted at the first application again, They will either overturn the decision to refuse and issue a visa if they believe the first ECO made an error/s.

or they will stick with the initial decision thats when then it will be sent to the first tribunal

Hope this helps and hope they realised they made a mistake!! currently going through the same thing

enny
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Re: Spouse Visa Appeal

Post by enny » Tue Jan 09, 2018 11:46 am

Ballmigirl17 wrote:
Mon Jan 08, 2018 10:51 am
Hi

If you have appealed, before it gets to the court the home office are obliged to do an appeal review.

A different ECO will review all the documents submitted at the first application again, They will either overturn the decision to refuse and issue a visa if they believe the first ECO made an error/s.

or they will stick with the initial decision thats when then it will be sent to the first tribunal

Hope this helps and hope they realised they made a mistake!! currently going through the same thing
If you don't mind me asking, what was your application refused for.

The said about the subsisting relationship in mine but also there was another part which caused confusion.

Under Eligibility Financial Requirement they put you meet the eligibility financial requirements under paragraphs E-ECP 3.1 to 3.4.

But under exceptional circumstances they put that based on the evidence provided they are satisfied that I do not meet the financial requirement under paragraphs E-ECP 3.1 to 3.4. Can anyone advise?

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CR001
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Re: Spouse Visa Appeal

Post by CR001 » Tue Jan 09, 2018 12:50 pm

enny wrote:
Tue Jan 09, 2018 11:46 am
Ballmigirl17 wrote:
Mon Jan 08, 2018 10:51 am
Hi

If you have appealed, before it gets to the court the home office are obliged to do an appeal review.

A different ECO will review all the documents submitted at the first application again, They will either overturn the decision to refuse and issue a visa if they believe the first ECO made an error/s.

or they will stick with the initial decision thats when then it will be sent to the first tribunal

Hope this helps and hope they realised they made a mistake!! currently going through the same thing
If you don't mind me asking, what was your application refused for.
See users link and post below with reasons.

immigration-for-family-members/asking-f ... l#p1577280
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.

metanoia
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Re: Spouse Visa Appeal

Post by metanoia » Tue Jan 09, 2018 1:13 pm

For appeal advise it's always best to type your refusal letter without the personal details with your timeline and documents submitted. Every case and letter is different and only then experts can have a better understanding of your circumstances and advise accordingly especially since you're handling your appeal yourself.
Biometrics Karachi 04/08/17
Decision received 11/10 (Visa refused on subsisting relationship)
Acknowledgment 18/12/17
Deadline 02/04/18
Decision withdrawn 26/02/18
Decision overturned 29/03/18
PP submitted 3/4/18
Visa granted 9/4/18

Ballmigirl17
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Contact:
Albania

Re: Spouse Visa Appeal

Post by Ballmigirl17 » Thu Jan 11, 2018 1:32 pm

CR001 wrote:
Tue Jan 09, 2018 12:50 pm
enny wrote:
Tue Jan 09, 2018 11:46 am
Ballmigirl17 wrote:
Mon Jan 08, 2018 10:51 am
Hi

If you have appealed, before it gets to the court the home office are obliged to do an appeal review.

A different ECO will review all the documents submitted at the first application again, They will either overturn the decision to refuse and issue a visa if they believe the first ECO made an error/s.

or they will stick with the initial decision thats when then it will be sent to the first tribunal

Hope this helps and hope they realised they made a mistake!! currently going through the same thing
If you don't mind me asking, what was your application refused for.
See users link and post below with reasons.

immigration-for-family-members/asking-f ... l#p1577280

Hi yes please see link above which states all their reasons.

our solicitor has asked them to look again as its their mistake, solicitor have also appealed and also have a letter from our MP. i can do nothing more but just feel so angry that they have done this to us and many others. they dont realise the emotional impact it has had on people including me and my fiance, worst part is we dont know when we are going to see each other again. its just total ignorance and negligence we did everything they asked for and more. planning a wedding should be the most exciting time in your life and right now for us we cant plan anything.

Just goes to show you try to do something right and it gets thrown back in your face by this stupid government, if i didn't have much here for me in the UK i would leave, but unfortunately my parents are elderly and need me and my fiance both here. My fiance has no life in albania at all.

Elliewifetoalbanian
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Re: Spouse Visa Appeal

Post by Elliewifetoalbanian » Thu Jan 11, 2018 5:15 pm

The success rate of albanians getting a visa are very low at the moment - probably due to the high crime rate!! We got the visa flr fp at first tier tribunal and submitted fresh evidence statements from family and friends new photos etc

Ballmigirl17
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Re: Spouse Visa Appeal

Post by Ballmigirl17 » Wed Jan 17, 2018 8:11 pm

Elliewifetoalbanian wrote:
Thu Jan 11, 2018 5:15 pm
The success rate of albanians getting a visa are very low at the moment - probably due to the high crime rate!! We got the visa flr fp at first tier tribunal and submitted fresh evidence statements from family and friends new photos etc
Hi

I don’t understand really, we provided over 700 photos, proof that he doesn’t have criminal record, my fiancé even had a letter to confirm that once he received his entry clearance after we are married from an employer that he had a job waiting for him. Everything we had was perfect and 100% and then they refused us on the basis that We didn’t submit bills to prove we lived together and I dont meet the financial requirements - which bills were submitted and I do earn enough!!! that’s frustrates me the most that they haven’t even looked at it properly, and if they are basing it on because he is Albanian then that’s discrimination but nothing will get done!! , I would never have gone ahead with this whole process had I had not been confident we would get it, I just want him Home before more damage gets done 🙁🙁.

Sorry I will stop talking now because this wasn’t even my post lol

Tiger17
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Re: Spouse Visa Appeal

Post by Tiger17 » Wed Feb 14, 2018 4:07 am

Hi, all
Just to share my experience with you guys
And still fighting till my last breath
To bring my wife and my 3 years old daughter

03 August 17; My wife B1 English test passed
28 August 17: My wife and daughter TB test issued
30 August 17: visa applications submitted in Algeria
30 August 17; I sent supporting documents to Sheffield
01 sept 17: supporting documents teceived at Sheffield
05 Sept 17: passport received at Sheffield
15 Nov 17: got an email my wife visa refused at 14:07
Reason eligibility relationship requirement
- You meet the eligibility relationship requirement of paragraphs E-ECP.2.1 to 2.10
- You do not meet relationship requirement of paragraphs E-ECP.2.1 to 2.10

The end of the email ECO Stated don’t expect any further emails from us.

15 Nov 17 at 14:45 logged in an appeal withing 38 minutes after the refusal solicitor did it

15 Nov 17 at 15:15 second email refusal
ECO Deleted sentence: - you meet the eligibility relationship requirement of paragraphs E-ECP 2.1 to 2.10 !!!!!!!!!!!!!!!!!
You too late dude my appeal was already logged in within 1st hour and 1st refusal been sent to the tribunals

20 NOV 17: passport sent to Algeria visa centre no visa
30 NOV 17 : supporting document sent to me here in UK Address
04 Dec 17 : appeal fees out of my account
04 Jan 17: received pending appeal from tribunals
Stating I don’t need to do anything for now The proses take approx 15 weeks
And 28 days for home office to send all documents for my applications to the tribunals and to my solicitor too.
02 Feb : IHS Money paid pack into my account

ECO’s I guess they have no clue what they doing or they have orders to refuse and they will get bonus for that if the application re-applying again

For God sake I do travel up to 6-7 times a year, I do sometime just travel for 3 days to see my wife and daughter I spend over £7000 a year just to travel to see them
And ECO Says he accepted from my travel I do go to Algeria every 2 months but there is no evidence I go to see them??????
They don’t respect our private life :oops: :oops:

vinny
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Re: Spouse Visa Appeal

Post by vinny » Wed Feb 14, 2018 4:37 am

enny wrote:
Sun Jan 07, 2018 2:20 pm
Thank you for getting back to me. What is the purpose of the ECM reviewing the decision then? If they rejected once, without the evidence to show otherwise they will reject again?
See also Appeal review.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Spouse Visa Appeal

Post by vinny » Wed Feb 14, 2018 4:44 am

CR001 wrote:
Tue Jan 09, 2018 12:50 pm
See users link and post below with reasons.

immigration-for-family-members/asking-f ... l#p1577280
Information wrote:The requested topic does not exist.
Did you mean this topic?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Tiger17
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Re: Spouse Visa Appeal

Post by Tiger17 » Wed Feb 14, 2018 4:55 am

Question;
If you appeal against refusal and reasons are just
Eligibility relationship requirement
Incase review can ECO give an other refusal for example income requirement or anything else apart from relationships
For example you change ur job from permanent job to self employed
Can ECO Ask for more payslips or bank statements ect?????
Or just relationship requirements

vinny
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Re: Spouse Visa Appeal

Post by vinny » Wed Feb 14, 2018 5:15 am

They may re-refuse on other grounds.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Lifeisadream
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Re: Spouse Visa Appeal

Post by Lifeisadream » Sun Feb 18, 2018 4:40 pm

metanoia wrote:
Tue Jan 09, 2018 1:13 pm
For appeal advise it's always best to type your refusal letter without the personal details with your timeline and documents submitted. Every case and letter is different and only then experts can have a better understanding of your circumstances and advise accordingly especially since you're handling your appeal yourself.
Me and you received the refusal on the same day.
I sent my appeal on the 29 October 2017.
Notice of pending Appeal on: 11/12/2017
IHS payment refunded: February 2018

When did they refunded your IHS. Normally it is refunded on the same day of refusal.
I'm wondering if the home office upheld their refusal decision and returned the IHS payment.

metanoia
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Pakistan

Re: Spouse Visa Appeal

Post by metanoia » Mon Feb 19, 2018 12:50 pm

Lifeisadream wrote:
Sun Feb 18, 2018 4:40 pm

Me and you received the refusal on the same day.
I sent my appeal on the 29 October 2017.
Notice of pending Appeal on: 11/12/2017
IHS payment refunded: February 2018

When did they refunded your IHS. Normally it is refunded on the same day of refusal.
I'm wondering if the home office upheld their refusal decision and returned the IHS payment.
Your IHS refund is not linked to your ecm review, many who got refusals in October/November had their IHS refunded in past couple of weeks. We haven't had our IHS refunded yet though.

Incase if you have any further question about our case you can ask in our post as this is not relevant to OP and this post should be about questions in their appeal process.

post1550323.html#p1550323
Biometrics Karachi 04/08/17
Decision received 11/10 (Visa refused on subsisting relationship)
Acknowledgment 18/12/17
Deadline 02/04/18
Decision withdrawn 26/02/18
Decision overturned 29/03/18
PP submitted 3/4/18
Visa granted 9/4/18

enny1
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Pakistan

Re: Spouse Visa Appeal

Post by enny1 » Fri Feb 23, 2018 12:49 pm

Hello,

I was locked out of my account and had been trying to log in / requested a new password but didn't get anywhere with it so I made a new account.

After we logged our appeal back towards the end December, we only received an email confirmation on 24/01 to say our appeal had been logged and IHS surcharge payment was returned the same day. Since then we haven't heard anything, is anyone in a similar situation? This is the most frustrating process there is!

TIME LINE -

ONLINE APPLICATION - 14/09/2017
BIOMETRICS - 28/09/2017
DOCS TO SHEFFIELD - 10/10/2017
DOCS RETURNED TO ME - 26/10/2017
DECISION RECIEEVED VIA EMAIL & PHONE CALL - 13/12/2017
PASSPORT COLLECTED -14/12/2017
VISA REFUSED -
You do not meet the eligibility relationship requirements of paragraph E-ECP 2.1 to 2.10.

Then they put -
You meet the financial requirement of paragraphs E-ECP 3.1 to 3.4

BUT under EXCEPTIONAL CIRCUMSTANCE THEY PUT -

However based on the information and/or evidence provided we are satisfied that the minimum income requirement is not met, and we have decided that you do not meet the financial requirement under paragraphs E-ECP 3.1 to 3.4 of Appendix FM.

Can anyone advise?

vinny
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Re: Spouse Visa Appeal

Post by vinny » Fri Feb 23, 2018 2:10 pm

They appear to be in a muddle about whether you satisfied the financial requirement.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

enny1
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Re: Spouse Visa Appeal

Post by enny1 » Fri Feb 23, 2018 9:19 pm

But I do meet it and provided evidence to show. Do you think there is a chance they could overturn?

Lifeisadream
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Re: Spouse Visa Appeal

Post by Lifeisadream » Sat Feb 24, 2018 8:47 am

metanoia wrote:
Mon Feb 19, 2018 12:50 pm
Lifeisadream wrote:
Sun Feb 18, 2018 4:40 pm

Me and you received the refusal on the same day.
I sent my appeal on the 29 October 2017.
Notice of pending Appeal on: 11/12/2017
IHS payment refunded: February 2018

When did they refunded your IHS. Normally it is refunded on the same day of refusal.
I'm wondering if the home office upheld their refusal decision and returned the IHS payment.
Your IHS refund is not linked to your ecm review, many who got refusals in October/November had their IHS refunded in past couple of weeks. We haven't had our IHS refunded yet though.

Incase if you have any further question about our case you can ask in our post as this is not relevant to OP and this post should be about questions in their appeal process.

post1550323.html#p1550323
Hi any update on your application. My deadline is 26march and I'm starting to lose hope.

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