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Spouse Visa Refusal - 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

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Alauran
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Spouse Visa Refusal - Appeal?!

Post by Alauran » Sun May 20, 2018 7:27 pm

Hi, was hoping someone could help me!

My spouse is applying for dependants visa from Canada but we have just been refused based upon not enough evidence for my earnings. It seems we missed that I needed to provide an employment letter - I thought 6 payslips and corresponding bank statements would be enough. This has caused more than a few questions:

Is the best route to appeal?
How long would this take?
What’s the fastest route to get the wife back to the UK?
Can she have her passport returned during the appeals process?

Many thanks in advance, we are stressing a lot over this.

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Londoner007
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Re: Spouse Visa Refusal - Appeal?!

Post by Londoner007 » Mon May 21, 2018 9:17 am

Employee letter is a required document at documented in FM-SE

The letter must contain:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).

You are better off re-applying again
Verily, After Hardship Comes Ease

Alauran
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Joined: Sun May 20, 2018 7:05 pm
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Re: Spouse Visa Refusal - Appeal?!

Post by Alauran » Tue May 22, 2018 5:57 pm

Called an immigration Lawyer to confirm and we do have to reapply.

From thos who have experienced this before, how long does it take for passport return?
Can my wife travel to the UK before reapplying or does the visa refusal complicate border entry?

Thanks in advance.

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Casa
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Re: Spouse Visa Refusal - Appeal?!

Post by Casa » Tue May 22, 2018 6:11 pm

Alauran wrote:
Tue May 22, 2018 5:57 pm
Called an immigration Lawyer to confirm and we do have to reapply.

From thos who have experienced this before, how long does it take for passport return?
Can my wife travel to the UK before reapplying or does the visa refusal complicate border entry?

Thanks in advance.
Entering the UK as a visitor may be difficult, due to the prior intention to settle.
(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.

Obie
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Re: Spouse Visa Refusal - Appeal?!

Post by Obie » Tue May 22, 2018 11:39 pm

I fully get your point Casa, but i have been thinking about this for a long time.

The fact that a person have been rejected for spouse visa, does it automatically preclude this as a visitor for future purpose?

That will not be right, as a person may well say, okay i do not qualify, i will simply visit family and return. Why must that automatically preclude future visitors application, it seems a bit harsh i will say.
Smooth seas do not make skilful sailors

Obie
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Location: UK/Ireland
Ireland

Re: Spouse Visa Refusal - Appeal?!

Post by Obie » Tue May 22, 2018 11:40 pm

Alauran wrote:
Tue May 22, 2018 5:57 pm
Called an immigration Lawyer to confirm and we do have to reapply.

From thos who have experienced this before, how long does it take for passport return?
Can my wife travel to the UK before reapplying or does the visa refusal complicate border entry?

Thanks in advance.
The visa officer ought to have requested this before refusing the application, especially if the other evidence indicates you may well meet the financial requirement.
Smooth seas do not make skilful sailors

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