Visa Granted After 3rd Application

Y123m wrote: ↑

Mon Nov 25, 2019 10:37 pm

As mentioned above my wife’s visa was granted with a vignette date of 25th Nov to 25th Dec.

However, my wife did not get a decision letter. Inside the VFS envelope she only got her passport. Is it normal to not get a decision letter? And is it needed to get the BRP card from the post office?

THO wrote: ↑

Tue Nov 26, 2019 2:00 pm

Well done and good for you Y123m. The HO do everything they can to make it impossible to get a visa, you must both be over the moon now. Too many people on here try to cheat the system and that is why it so hard for genuine people to get justice.

Y123m wrote: ↑

Sat Nov 23, 2019 10:26 am

3RD APPLICATION- REFUSED TWICE PREVIOUSLY

Type Of Visa Applied: Spouse Settlement wife
Priority/Non-Priority: Priority
Application Centre: Mumbai North
Online Application Submitted: 15/10/2019
Bio-metrics: 24/10/2019
SMS Application Forwarded To UKVI: 24/10/19
Documents scanned at VFS Manchester: 5/11/2019
Email stating "Your Application is currently being prepared for consideration by an ECO": 25/10/2019 and 14/11/19 (got two)
Sponsor contacted by UKVI: No
Case not straightforward email: No
Decision made email from UKVI after contacting through email: No
VFS Text And Email For Passport Collection: 21/11/2019
Passport Collected: 23/09/2019
Status: Granted
Vignette: 25/11/19-25/12/19

My wife’s spouse has been granted after applying for a third time. Our previous two applications were refused. At the time of the refusals i made topics on here explaining the refusals.

My wife first submitted her fiancé visa application in March 2018. We applied though the employment and savings category. After a long wait and number of calls to UKVI and my MP, we unfortunately received the refusal on 14th July 2018. The reason for refusal was that the bank statements and payslips did not match. This was a stupid mistake we had made.

After this refusal we planned that we would wait 6 months to accumulate further payslips and bank statements and in that time we would get married and then apply for a spouse visa.

In October 2018 i travelled to India and we both got married. I travelled back to the UK in November.

Then in February 2018 we submitted our second application but this time it was a spouse visa. In this application we again applied through employment and savings. However, in this application i had over £62,500 which was not the case in the first application. Our solicitor did not advise us that we should only apply through savings.

On 7th may me an my employer received a call from UKVI regarding my employment. My employers are my parents. Further detail of this can be found in my other topics which i posted in June/July.

In July the second application was also refused as we did not provide documents under paragraph 9 and also that ECO thought my employment was not genuine. They said that interview answers did not match. They also stated that my savings were not genuine.

After this we were stuck as to what to do next. I posted a topic on here where i was told it would be risky to apply again and that it may be refused. Some said apply and some said appeal. I was told that i’ll never get a visa with my current job and only option was to find another. We consulted a few immigration solicitors who also said different things. Our initial decision was to appeal but i changed my mind.

In October 2018, we submitted our third application. We opted for the priority service. Our solicitor said it would be a waste of money but we went ahead with priority. We changed nothing. Why should we? If we know that we are genuine and then to be accused of not being genuine, then why should i change my job? In this application we applied through the savings route.

With this application we supplied over a 1000 pages of documents. This is to prove that my employment and savings are genuine. We submitted documents that are not required. We gave everything that would prove my employment was genuine. This included copy of driving and forklift license, delivery notes that have been signed by me and sales receipts signed by me. We gave saving account statements going back till 2012. We stated in the application that the documents provided were not required but were being given to prove my employment and savings were genuine. We also wrote a bit about the interview and that a misunderstanding had occurred. All this was done by a solicitor.

The documents we gave are:
-Application letter, checklist, VAF4A form
-Solicitor letter
-Applicant identity documents (passport copy, birth certificate....)
-Sponsor identity documents (passport copy, copy of driving license to prove my job role, birth certificate.....)
-Copy of passports of everyone staying at sponsors house
-Accommodation documents (Inspection report of parents house)
-English certificate
-TB certificate
-Relationship evidence (message/call screenshots, photos, photos of cards and gifts sent to each other, Islamic and civil marriage certificates)
-Evidence of sponsor employment (P60’s from 2012, pension letters, HMRC record from 2012 which was requested through subject access request, forklift training certificate, historical payslips-4 from each year since start of employment, current payslips, bank statements) -also gave employment deceleration which detailed my job role- this declaration included sales and delivery receipts.
-Evidence of savings (savings deceleration, saving account statements since 2012, historic investment statements-where savings came from, current account statements, fathers delectation as he opened the investment for me in 2000 and gifted me the money
-Employer documents (all documents under paragraph 9
-Sponsor and applicant supporting letters
-Parents supporting letters

The entire document bundle was over 1000 pages. It has been two years of pain and heartache but today we got the good news we have been long waiting for. People will give advice but always go for your gut feeling. Don’t take shortcuts in anything and give everything required. A lot of people said that i cant apply priority because of past refusals but that is untrue. We got a decision in 20 working days. We hired a solicitor who we paid over £3000. She wrote two declarations for me and 1 for my father. It was all worth it.

If anyone has any questions then i’ll be more than happy to answer them. Thanks for all the advice and tips everyone has given me on here. Thank You.

THO wrote: ↑

Tue Dec 03, 2019 9:52 am

AKKK123, your case looks straight forward and an appeal should work if you can submit the evidence that the HO says is missing. It is similar to my case and others on here, and it took around 10 weeks total to get the whole process completed, and a further 10 days to get the vignette in her passport. The HO have actually really speedup the appeals process and try hard to keep things from going to a court tribunal.

I hired a lawyer to do it for me, cost £760 all in, fixed price. Took the stress away from me, and made sure no more little mistakes were made, which would then have cause big issues.

THO.

Y123m wrote: ↑

Tue Dec 03, 2019 4:46 am

The reason we applied again was that we felt that the the refusal would not be overturned at review. Our application was also refused because the ECO thought my employment was not genuine. Also, we felt it would take about a year if it went to a tribunal.
Obviously we considered the costs but as our application was not straightforward, we needed a solicitor to prove my employment was genuine. So an appeal and new application would have roughly cost the same.

Y123m wrote: ↑

Wed Dec 04, 2019 8:55 am

We received advice from a number of people. Some said in a new application the ECO would look at previous applications and some said a new application is considered as new and the ECO would not look at the refusal.
We didnt change anything but we provided tons of new evidence and documents. I am not sure if the ECO looked at this evidence or just granted the visa based on savings.
Also, if we appealed it would be fighting the decision of the ECO. We could have appealed but the ECO would have to believe us and also we were unsure if new evidence could be submitted in a appeal.

Akkk123 wrote: ↑

Tue Dec 10, 2019 3:34 pm

Because my employment is only 8 months and one solicitor told me that i have to wait untill I have been employed for 12 months because they requested company tax returns for last full financial year so 12 months and that means I also have to be employed at those same time as the company tax returns. Can you or anyone please confirm if this is right because many solicitors say differnent things. I don't want to wait another 4 months.

Y123m wrote: ↑

Tue Dec 03, 2019 4:46 am

The reason we applied again was that we felt that the the refusal would not be overturned at review. Our application was also refused because the ECO thought my employment was not genuine. Also, we felt it would take about a year if it went to a tribunal.
Obviously we considered the costs but as our application was not straightforward, we needed a solicitor to prove my employment was genuine. So an appeal and new application would have roughly cost the same.

Akkk123 wrote: ↑

Sun Dec 15, 2019 12:52 pm

Y123m wrote: ↑

Tue Dec 03, 2019 4:46 am

The reason we applied again was that we felt that the the refusal would not be overturned at review. Our application was also refused because the ECO thought my employment was not genuine. Also, we felt it would take about a year if it went to a tribunal.
Obviously we considered the costs but as our application was not straightforward, we needed a solicitor to prove my employment was genuine. So an appeal and new application would have roughly cost the same.

Please Y123m can you tell me how many months statements did you provide and was your personal statements covering the same full financial year peroid as the company tax returns?