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Spouse visa - Error in spouse's refusal letter !!!

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umarfarooq
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Spouse visa - Error in spouse's refusal letter !!!

Post by umarfarooq » Sat Jul 18, 2015 2:06 am

Dear All

I need some guidance and advise for the following scenario and I will appreciate an early response.

I am a British citizen and my wife is Pakistani. We got married in 2014. My wife applied for a spouse visa on 29th April 2015. She got her spouse visa refused on 15th July 2015. The only reason for refusal is my income (financial requirements) which according to visa officer does not meet the minimum requirements of £18,600 per anum of Gross income.

This according to me is not true. My Gross income works out to be £18,999.90. My net monthly income is £1462.89 and he has simply multiplied this net income by 12 to get a result of £17,554 according to refusal letter. I believe £18,600 of minimum income requirement is Gross annual income and not Net annual income. My case was straight forward and I had included all payslips, bank statements and even P60 with the application.

The only complication was, I started my current employment on 15 August 2014 and when we made the application on 29th April 2015, I was only 6 months into this employment and so I attached 6 months payslips, 12 months bank statements and P60 for the year ending April 2015. Even the P60 proves my annual Gross income to be £18,999.90.

Please advice me on this and I have the following questions:

Q1: Do I need to consider appeal?
Q2: If I am opting for appeal process, then what important facts/points I need to consider.
Q3: Do I need to write to the British High Commission in Pakistan about this error as well or simply appeal or can I do both things at the same time?

An early response will be highly appreciated because I have only 28 days to appeal from the refusal letter date.

Best regards
Umar

naveediiqbal
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Re: Error in spouse's refusal letter !!!

Post by naveediiqbal » Sat Jul 18, 2015 6:45 am

Are you given a right of appeal?

umarfarooq
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Re: Spouse visa - Error in spouse's refusal letter !!!

Post by umarfarooq » Mon Jul 20, 2015 5:12 pm

Yes.

I have also been told that I can use "Admin Review".

I am planning to use Admin Review as well as Appeal.

Obie
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Re: Spouse visa - Error in spouse's refusal letter !!!

Post by Obie » Mon Jul 20, 2015 5:23 pm

I believe an appeal is much better than an Admin review.

If your appeal is properly presented,the ECO will withdraw within 28 days.
What, then, shall we say in response to these things? If God is for us, who can be against us?

umarfarooq
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Re: Spouse visa - Error in spouse's refusal letter !!!

Post by umarfarooq » Tue Jul 21, 2015 9:39 pm

But appeal process takes several months isn't it? And why do you think admin review is not such a good idea? Please explain. Thanks

Obie
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Re: Spouse visa - Error in spouse's refusal letter !!!

Post by Obie » Wed Jul 22, 2015 12:05 am

umarfarooq wrote:But appeal process takes several months isn't it? And why do you think admin review is not such a good idea? Please explain. Thanks
Well usually they have to review cases within 28 days.

And 4 of 5 appeals I lodged since October 2012 have been disposed of in this way without a hearing.

Therefore it seems more effective than Admin review .
What, then, shall we say in response to these things? If God is for us, who can be against us?

vinny
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Re: Spouse visa - Error in spouse's refusal letter !!!

Post by vinny » Wed Jul 22, 2015 7:55 am

I think that they have replaced appeals with ARs.
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naveediiqbal
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Posts: 560
Joined: Sat May 26, 2012 4:49 pm
Pakistan

Re: Spouse visa - Error in spouse's refusal letter !!!

Post by naveediiqbal » Wed Jul 22, 2015 8:18 am

vinny wrote:I think that they have replaced appeals with ARs.
Therefore I asked the OP to confirm that if they are given a right or appeal or not?

Obie
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Re: Spouse visa - Error in spouse's refusal letter !!!

Post by Obie » Wed Jul 22, 2015 10:15 am

vinny wrote:I think that they have replaced appeals with ARs.
They can appeal on convention grounds if they make a Human Right Claim under Appendix FM, and it is refused.

Section 82 permits a right of appeal .

Appendix FM seeks to incorporate Human right consideration, and if an application is refused on that basis, I believe it will amount to a refusal of Human right claim, and a right of appeal must follow.
What, then, shall we say in response to these things? If God is for us, who can be against us?

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