Visa Refused for false reason by UKVI

chenmyster · Post by **chenmyster** » Wed Feb 13, 2019 1:09 pm

- June 2018, my wife gave birth to my son.

- August 2018, we got all the documents ready and filed family visa applications for my wife and son

- November 2018, the visa applications are rejected saying we missed a couple month of the bank statements. However going through the documents they sent back to us, it was clear all the bank statements was there. That's fine people make mistakes, so we asked an immigration lawyer on what to do next.

-Begining of December 2018, we paid the appeals fees to make sure we don't lose our application fees. The lawyer requested UKVI to do an administrative review as she sent all the documents back to them.

-Jan 2019, We got documents back once again.

-13th Feb 2019, almost another 3 month. We are yet to hear anything back as the result of administrative review.

As a family, we did our research and know that we satisfy all the requirements for the visa application and have prepared everything in advance. I have a contract to work in the UK, and now as a father, I cannot see my son after work everyday because of "mistakes" made by UKVI for which they are continuously to delay.

I asked my immigration lawyer on what is the fastest way for my family to get the visa so we can reunite. She said if admin review fails, reapply would be the fastest way however we would lose all the money we paid for the application fees. I feel like reapplying would just be a way to support UKVI in their daylight robbery, but the appeal process is way too long, and why should families suffer for the incompetence of others.

It's almost 3 month since we requested that admin review, and I feel like not replying is their way of rejecting us again. Does anyone have any advise for us on how we can reunite as a family as well as keeping my job in the UK?

chenmyster · Post by **chenmyster** » Fri Feb 15, 2019 2:07 am

Update:

We had our local MP to call HO a couple of days ago and today we received an email saying they have withdrawn their original decision and made a recommendation to the Decision Making Centre to grant entry clearance.

Tears of Joy....

ariamus · Post by **ariamus** » Fri Feb 15, 2019 5:54 pm

Congratulations!

seagul · Post by **seagul** » Fri Feb 15, 2019 7:35 pm

chenmyster wrote: ↑
Fri Feb 15, 2019 2:07 am
Update:

We had our local MP to call HO a couple of days ago and today we received an email saying they have withdrawn their original decision and made a recommendation to the Decision Making Centre to grant entry clearance.

Tears of Joy....

Don't stop struggle through MP until the visa gets actually issued because a lot members have been waiting even their decision overturned.

Obie · Post by **Obie** » Fri Feb 15, 2019 8:04 pm

Why did the lawyer do an admin review, this is an appeal type cases. In Human right cases, there is no admin review.

If you did an admin review rather than an appeal, then that may be the reason why you have not heard from them.

I guess you are a British Citizen or someone with indefinite leave to remain, right?

chenmyster · Post by **chenmyster** » Mon Feb 18, 2019 4:16 pm

Still waiting to be contacted by DMC.

On the refusal withdraw letter, it only mentioned my wife's name. Should I be worried about my son's name not on there?

chenmyster · Post by **chenmyster** » Mon Feb 18, 2019 4:21 pm

Obie wrote: ↑
Fri Feb 15, 2019 8:04 pm
Why did the lawyer do an admin review, this is an appeal type cases. In Human right cases, there is no admin review.

If you did an admin review rather than an appeal, then that may be the reason why you have not heard from them.

I guess you are a British Citizen or someone with indefinite leave to remain, right?

It's not a human right case is it?

They initially rejected it saying we only gave them Feb and July's bank statements, but actually we had them all there and on the front page it says bank statements from Feb to July.

On the withdrawal letter, the reason for withdraw is that they are satisfied we have provided all the documents.

The admin review did its job but it's been so long as we applied last August and was expecting to be living together as a family at least end of last year?

I hope we don't have to wait for too long to be contacted by DMC with the next steps.

chenmyster · Post by **chenmyster** » Wed Mar 13, 2019 11:51 pm

Guy I am having such a nightmare please could someone help!?

We were given instruction to pay IHS fee and resubmit our passports and been told our appeal is withdrawn now.

Suddenly today we received an email saying ECM is not satisfied that my son and I are related(This is the first time I've heard of this). Surely they would have told me long ago?

Now it seems they are rejecting us again, just after our appeal has been withdrawn.

Why would such evil thing happen?

chenmyster · Post by **chenmyster** » Thu Mar 14, 2019 12:11 am

we've already resubmitted our passport yesterday too

wahi66 · Post by **wahi66** » Thu Mar 14, 2019 12:19 am

chenmyster wrote: ↑
Thu Mar 14, 2019 12:11 am
we've already resubmitted our passport yesterday too

whats your nationality??
where son was born?? did you provided birth certificate to them??
what was the marital status of both of you??
were your wife divorced before getting married to you??

wahi66 · Post by **wahi66** » Thu Mar 14, 2019 12:20 am

wahi66 wrote: ↑
Thu Mar 14, 2019 12:19 am

chenmyster wrote: ↑
Thu Mar 14, 2019 12:11 am
we've already resubmitted our passport yesterday too
whats your nationality??
where son was born?? did you provided birth certificate to them??
what was the marital status of both of you at the time of son's birth??
were your wife divorced before getting married to you??

chenmyster · Post by **chenmyster** » Thu Mar 14, 2019 12:40 am

My son was born in China 8 month ago, we gave them the birth certificate and our national IDs. My son got his Chinese national ID in Beijing because I am from Beijing as well. We gave them all these documents back in august. Assuming they were satisfied as they didn't mention this at all before?

Now they are saying our application is over, there is no further action we can do on this application, implying we need to submit new applications. Can't sleep at all

chenmyster · Post by **chenmyster** » Thu Mar 14, 2019 12:46 am

Their Email

Dear ****,

Regarding Visa Application: ****
For: ****

Appeal Dismissed

We recently contacted you in error regarding the resubmission of your passport and requested you to pay IHS fees.

As your appeal was dismissed due to the ECM not being satisfied that you are related as claimed and therefore upholding the original decision to refuse your visa, there is no further action required from you in respect of this application.

Kind regards,

UK Decision Making Centre

vinny · Post by **vinny** » Thu Mar 14, 2019 8:57 am

I think that they made several errors.

If you did an AR, then it's not an appeal.

If the original refusal had nothing to do with relationship questions with your son, then they were apparently satisfied with it before. Moreover, why did they refuse your wife?

As Obie mentioned, I think they should have explained that there was a right of appeal rather than an AR, unless they specifically certify that these entry clearance applications under Appendix FM inexplicably doesn't have a human rights claim?

I think that your MP should continue to question their behaviour and bad faith actions.

chenmyster · Post by **chenmyster** » Thu Mar 14, 2019 10:19 am

just got back from my solicitor, they told me this is an admin error by HO.

Because

1. the original refusal was because of financial documents, and my lawyer told me by law they can't reject us again for relationship as they were already satisfied

2.on the email it says our appeal was dismissed, but it was never dismissed it was withdrawn because the decision was overturn.

Fingers crossed my solicitors are correct, this is extremely stressful

chenmyster · Post by **chenmyster** » Thu Mar 21, 2019 3:58 pm

Still no reply from HO, we sent our passports last Tuesday.

Does anyone know if they are allowed to make up a new reason to reject us?(we gave them the birth certificate which contained everything)

Their email really stressed the living soul out of me...and it's been more than a week no one even cares to reply and clarify.(They haven't returned my MP's call either I've been told)

chenmyster · Post by **chenmyster** » Thu Mar 28, 2019 4:47 pm

still nothing from HO, shocking.
we applied in August 2018 with all the right documents. Next week is April...........

God knows how we would have endured if work didn't allow me to work from home in China for a couple of month in the summer and winter.

Now I haven't seen my 9 month old for almost 2 months and missed a lot of his developments and for what? For submitting all of our financial documents right in the first place? I hope people who worked on this can sleep well at night knowing what they are doing to families.

Even my MP is angry on my behalf.

RajaG35120 · Post by **RajaG35120** » Thu Mar 28, 2019 5:01 pm

chenmyster wrote: ↑
Thu Mar 28, 2019 4:47 pm
still nothing from HO, shocking.
we applied in August 2018 with all the right documents. Next week is April...........

God knows how we would have endured if work didn't allow me to work from home in China for a couple of month in the summer and winter.

Now I haven't seen my 9 month old for almost 2 months and missed a lot of his developments and for what? For submitting all of our financial documents right in the first place? I hope people who worked on this can sleep well at night knowing what they are doing to families.

Even my MP is angry on my behalf.

Hearing these horror stories make me worry as I am also waiting for a response from the Home Office. I hate them.

Miyash · Post by **Miyash** » Fri Mar 29, 2019 3:29 am

RajaG35120 wrote: ↑
Thu Mar 28, 2019 5:01 pm

chenmyster wrote: ↑
Thu Mar 28, 2019 4:47 pm
still nothing from HO, shocking.
we applied in August 2018 with all the right documents. Next week is April...........

God knows how we would have endured if work didn't allow me to work from home in China for a couple of month in the summer and winter.

Now I haven't seen my 9 month old for almost 2 months and missed a lot of his developments and for what? For submitting all of our financial documents right in the first place? I hope people who worked on this can sleep well at night knowing what they are doing to families.

Even my MP is angry on my behalf.
Hearing these horror stories make me worry as I am also waiting for a response from the Home Office. I hate them.

This is really sad .me and my daughter had applied in jan,2018 and still waiting.you u should sent them email and ask for reason.

RajaG35120 · Post by **RajaG35120** » Fri Mar 29, 2019 7:49 am

Miyash wrote: ↑
Fri Mar 29, 2019 3:29 am

RajaG35120 wrote: ↑
Thu Mar 28, 2019 5:01 pm

chenmyster wrote: ↑
Thu Mar 28, 2019 4:47 pm
still nothing from HO, shocking.
we applied in August 2018 with all the right documents. Next week is April...........

God knows how we would have endured if work didn't allow me to work from home in China for a couple of month in the summer and winter.

Now I haven't seen my 9 month old for almost 2 months and missed a lot of his developments and for what? For submitting all of our financial documents right in the first place? I hope people who worked on this can sleep well at night knowing what they are doing to families.

Even my MP is angry on my behalf.
Hearing these horror stories make me worry as I am also waiting for a response from the Home Office. I hate them.
This is really sad .me and my daughter had applied in jan,2018 and still waiting.you u should sent them email and ask for reason.

I want to but it has not been 60 working days yet

sonikhan · Post by **sonikhan** » Fri Mar 29, 2019 4:02 pm

This is horrifying. My wishes to you chenmyster.

On this forum I have read a lot of cases with expired visas, criminal background, overstayers for years, past refusal applicants due to wrong declarations in prior applications etc. Their far from humane treatment at the hands of HO and I worry a lot about my future with my partner.
My partner tells me that with people with straightforward vanilla life and all documentation, it shouldn't be a problem with HO. However your case seems like a deliberate attempt on their part to sabotage your application.

All the best. May you be reunited with your son and spouse soon.

bathanza · Post by **bathanza** » Sat Mar 30, 2019 12:48 am

This is an awful thread to read. I'm really shocked to see that the decision was over turned to be refused again based on the parental relationship

Get to your MP immediately plesse..lodge complaints and do not stop until you have an answer..

The UKVI function of the HO can pretty much scar you to a point where you simply.dont want to be in the UK following such mistreatment..

chenmyster · Post by **chenmyster** » Thu Apr 04, 2019 9:35 am

Update: Today my wife received her passport back with visa and a letter with details on what to do next.

We didn't receive anything for our son.

The letter is telling her to come to the UK within 28 days or the visa will expire, but she can't really come can she as our son hasn't got his passport back or heard anything from HO.

Before anyone asks: I paid the IHS fees for both. They submitted their passport together with 2 return envelopes.

So this is a tricky situation, at least HO is being innovative. Any ideas???

Edit: My MP has been in contact with HO and she's been told my wife's visa was granted, then she thought my wife and son's visa should come together. Today we will contact our MP again.

chenmyster · Post by **chenmyster** » Wed Apr 10, 2019 2:13 pm

URGENT UPDATE:

HO are not satisfied with my son's relationship with me and his case is going to tribunal, and even though my wife has got her visa she cannot come without our son.

What else did we need to provide apart from our son's birth certificate? Could someone please help me!

chenmyster · Post by **chenmyster** » Wed Apr 10, 2019 2:34 pm

Please does anyone know? I have no idea what they want? They were satisfied with our relationship when they first refused us on missing financial document(when they weren't missing)

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Visa Refused for false reason by UKVI

Visa Refused for false reason by UKVI

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