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Spouse refusal based on photocopie of payslip

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Ulou
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Joined: Wed Jan 30, 2013 8:53 am

Spouse refusal based on photocopie of payslip

Post by Ulou » Wed Jan 30, 2013 9:21 am

All,
I am new to this forum, but my husband has just had his visa refused based on the following points:
Spouse not providing original work contract (mine)
Spouse not providing letter of employment (mine - and this was provided)
Bank statements as photocopies (mine)
Not supplying sponser P60 (mine)

We have the right to appeal, my questions are, does the First Tier Tribunal have an approximate timeframe for the review/response?
As long as I provide the originals listed can there be any other reasons for refusal or would this have been recorded?
Is it best to select the oral hearing?

I am obviously upset at the decision because their own guidence states they should not normally refuse for photocopies and I did not see anywhere the requirement for P60 listed in evidece section.

Thanking you all in advance, any assistance is greatly appreciated.

navodwickra
Member
Posts: 245
Joined: Thu Nov 25, 2010 12:48 pm

Re: Spouse refusal based on photocopie of payslip

Post by navodwickra » Thu Jan 31, 2013 12:17 pm

Ulou wrote:All,
I am new to this forum, but my husband has just had his visa refused based on the following points:
Spouse not providing original work contract (mine)
Spouse not providing letter of employment (mine - and this was provided)
Bank statements as photocopies (mine)
Not supplying sponser P60 (mine)

We have the right to appeal, my questions are, does the First Tier Tribunal have an approximate timeframe for the review/response?
As long as I provide the originals listed can there be any other reasons for refusal or would this have been recorded?
Is it best to select the oral hearing?

I am obviously upset at the decision because their own guidence states they should not normally refuse for photocopies and I did not see anywhere the requirement for P60 listed in evidece section.

Thanking you all in advance, any assistance is greatly appreciated.
Not sure about the P60 but the rest of the docs are mandatory and you should supply originals. UKBA do not accept photocopies specially when it comes to paysplis and bank statements.

Ulou
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Posts: 16
Joined: Wed Jan 30, 2013 8:53 am

Post by Ulou » Thu Jan 31, 2013 3:08 pm

Thanks, I now realise my costly mistake. Do you think I have a good chance through the appeals as I do have the originals?
Do you have any experience in the appeals process?

SAMISPOUSAL
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Posts: 222
Joined: Thu Dec 20, 2012 9:29 am
Location: London
India

Post by SAMISPOUSAL » Thu Jan 31, 2013 8:14 pm

Ulou wrote:Thanks, I now realise my costly mistake. Do you think I have a good chance through the appeals as I do have the originals?
Do you have any experience in the appeals process?

reply..............................


IF YOU ARE sponsoring spousal outland
do they ask for contract and employer letter and p6o ALL ORIGINALS from the sponsor ? or does it apply to your teir 1 points based application only ?

WHAT IF YOU HAD IT ALL NOTORISED (seen as true originals) ? what would have happened then?

where does it say which documents have to be in original ? is there a documents check list please?
British man sponsoring Indian wife.Application Pune --Mumbai 18 DEC 2013 Requested further info 27 01 2014

Ulou
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Joined: Wed Jan 30, 2013 8:53 am

reply

Post by Ulou » Thu Jan 31, 2013 8:55 pm

I thought photocopies would suffice but this is not the case so if you are sponsoring then you will need to supply the originals of all documents or end up being refused like me :(

Ulou
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Joined: Wed Jan 30, 2013 8:53 am

Appeal Process - FTTIAC

Post by Ulou » Mon Feb 04, 2013 8:24 pm

Two questions;
Does anyone know the approx processing times for the UK First Tier Tribunal?
My spouse was refused the visa based on photocopies, but allowed to appeal. The IAFT2 guidence document states do NOT send originals, therefore I am going to have to send photocopies. (The very reason for the refusal?) Is this normal practice and will they later contact me to send the originals?

Ulou
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Posts: 16
Joined: Wed Jan 30, 2013 8:53 am

Is a lawyer needed for appeal court

Post by Ulou » Sun Jul 07, 2013 6:12 pm

I have received our court date of appeal, our case is fairly simple, we were rejected on the basis of providing photocopies of payslips and work contracts and no p60
I have all of the above, so would you think a lawyer is necessary at the court.
Also, can I just present the originals or do I need to justify why the original decision was unjust? And therefore an appeal should be allowed?

Thank you

Obie
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Location: UK/Ireland
Ireland

Post by Obie » Sun Jul 07, 2013 6:52 pm

Whats the nature of the appeal?
Smooth seas do not make skilful sailors

Ulou
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Post by Ulou » Sun Jul 07, 2013 7:50 pm

Marriage spouse.

We applied in Albania, there is no overstay, no criminal or otherwise illegal circumstances.
I am a uk citizen, my spouse is Albanian.
The reason for refusal was mainly due to me providing copies and not original financial documents

Ulou
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Joined: Wed Jan 30, 2013 8:53 am

Missing documents

Post by Ulou » Wed Feb 10, 2016 4:29 pm

This is wishful thinking....however.....we are about to apply for an extension of stay FLR (M)...we have all the documents except we can't find my husbands previous divorce certificate! As this was already seen upon entry clearance (successful marriage visa granted), do you think this would be okay? Or (more likely) will they reject the application without this?
As always thanks in advance for any guidance

batleykhan
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Contact:

Re: Missing documents

Post by batleykhan » Thu Feb 11, 2016 9:20 am

Should not be a problem.It may be wise to see if you can a copy it , just incase it may be required for something else in the future

Ulou
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27 month spouse visa...why?

Post by Ulou » Fri Mar 11, 2016 10:33 pm

We have been granted a 27 month spouse visa, we have only just noticed. Visa was issued in jan 13 and expires in April15.
Does anyone know why this could be, and will this cause us problems when going for ILR.
We did attempt to apply before July 2012, but we were turned away as we hadn't completed the English test, we didn't pay for the visa on this episode.
We went back in October 2012 and applied and paid, so I thought this would be the date they would use?

vinny
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Re: 27 month spouse visa...why?

Post by vinny » Fri Mar 11, 2016 11:34 pm

It was a mistake to grant a 27 month visa.

Unfortunately, it's moot to get a correction as a 33 month visa would have also expired in October 2015.

Are you sure you have the correct dates? Your appeal was still ongoing in July 2013, so how could they issue the visa in Jan 2013?

If your leave has really expired for over 28 days, then they may refuse a FLR(M) application now, for failing
[url=https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members]E-LTRP.2.2[/url] wrote:The applicant must not be in the UK –

(a) on temporary admission or temporary release, unless:
(i) the Secretary of State is satisfied that the applicant arrived in the UK more than 6 months prior to the date of application; and
(ii) paragraph EX.1. applies; or
(b) in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less), unless paragraph EX.1. applies.
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.

Ulou
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Joined: Wed Jan 30, 2013 8:53 am

Re: 27 month spouse visa...why?

Post by Ulou » Sat Mar 12, 2016 9:22 am

Apologies. Getting myself confused. We got the visa granted start date 17 January 2014 and exp 17 apr 16.

So do they honour their mistakes?

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: 27 month spouse visa...why?

Post by vinny » Sat Mar 12, 2016 9:44 am

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.

Ulou
Newly Registered
Posts: 16
Joined: Wed Jan 30, 2013 8:53 am

Re: 27 month spouse visa...why?

Post by Ulou » Sat Mar 12, 2016 9:47 am

Yes, I read that...seems like I have to cause a screen to get this resolved! Don't want to risk applying straight for ILR, as I don't think that advice would be upheld

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