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Wife (family) settlement visa refusal

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nickyb
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Posts: 1
Joined: Tue Nov 18, 2014 3:48 pm

Wife (family) settlement visa refusal

Post by nickyb » Tue Nov 18, 2014 4:19 pm

HI All,

My wife applied for a UK settlement visa from Moscow in October. Annoyingly she received a 'refusal of entry clearance' yesterday on the grounds that her sponsor (myself) failed to provide the correct documents. The ECO reasons for refusal were:
Your sponsor is not exempt from financial requirements as defined paragraph E-ECP.3.3. Your sponsor has not provided bank statements covering the last six months before the date of your application, which show his salary over the corresponding 6 months being paid in to his account as evidence of his income from his employment. Additionally, your sponsor has only provided five months out of his last 6 months payslips, with June 2014 payslip missing. These documents are specified in Imigration Rules in Appendix FM-SE and must be provided. I therefore refuse your application under paragraph EC-P.1.1(d) of Apendix FM of the Immigration Rules. (E-ECP.3.1)
I am 100% positive that I included the supposedly missing information but that is a mute point now. My questions are as follows:

- Will any appeal process accept fresh evidence when reviewing the case? (i.e. can we just submit the 'missing' information with the notice of appeal form). A solicitor that I consulted with said that she is unaware of fresh evidence being accepted.

- If fresh evidence is accepted, what is the likely hood that the appeal will go to a tribunal and how time consuming will this be? I have read about cases where the ECM has overridden the decision fairly quickly upon the offering of missing evidence- is this plausible?

- I have also read about attempts to contact the ECM outside of the appeal process, and ask him / her to review the decision based on new evidence? is this plausible? if so, how can I find out who the ECM is and how can I get in touch with them?

Finally, I'd really appreciate any advice / help anyone can give on this, was hoping the missus would be back for Xmas but its looking not looking likely!

Kind Regards

Nick

sherriesmum
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Posts: 37
Joined: Fri Aug 22, 2014 5:40 pm

Re: Wife (family) settlement visa refusal

Post by sherriesmum » Tue Nov 18, 2014 9:24 pm

you can appeal or you can make a fresh aplication and pay the applicable fees again.they mentioned you never put in june 2014 payslip so they are valid with your refusal.this is important as they need to know you have an income of £18600 to qualify for the finacial requirement.

batleykhan
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Re: Wife (family) settlement visa refusal

Post by batleykhan » Tue Nov 18, 2014 10:24 pm

If you are sure your earnings were over 18600 at time of application and can get the missing wage slips, then appeal and ask for it to be reviewed with out the need for an appeal hearing.

However if you did not earn the required amount at the time, then its best to reapply.Dont bother appealing and wasting your time and money

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