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Spouse visa reconsideration

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry
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iceman010881
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Posts: 10
Joined: Mon Mar 07, 2011 10:30 am

Spouse visa reconsideration

Post by iceman010881 » Tue Mar 08, 2011 6:52 am

Hello,

My wifes settlement visa was refused due to some very strange reasons. And we have information to counter these reasons.

We have 28 days to appeal.

Is it possibe to ask them to resonsider instead of appealing and submit all documents again.

Thank you.

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 3:58 pm
Location: West Yorkshire

Re: Spouse visa reconsideration

Post by batleykhan » Tue Mar 08, 2011 8:48 am

iceman010881 wrote:Hello,

My wifes settlement visa was refused due to some very strange reasons. And we have information to counter these reasons.

We have 28 days to appeal.

Is it possibe to ask them to resonsider instead of appealing and submit all documents again.

Thank you.
All appeals when lodge are reviewed by the Entry Clearance Manager to see if the decision on which the earlier refusal is valid or not in view of what you have stated in your appeal form and any documenst that you may have provided to back up your point of argument.

If the ECM is satisfied, he will grant a visa. If not then it will be forwarded to IAT for a full oral hearing. You have no choice in this decision.

You can not resbmitt all documents again in an appeal hearing. Only those relevant to the point on which you were refused.

You can if you wish forgo the appeal and resbmitt a new application with any documenst that you wish, but you will have to pay the full fee again.

Hope this helps.

iceman010881
Newly Registered
Posts: 10
Joined: Mon Mar 07, 2011 10:30 am

Post by iceman010881 » Wed Mar 09, 2011 8:41 pm

Hello,

Thanks for the reply. Appeal can take up to 9 months. We cannot stay apart for long.

Is it possible for her to apply as a family visitor while the appeal is in process. She can stay in the UK for 6 months and then wait for the appeal verdict.

OR will ECO suspect family visitor visa can be used to stay in the UK ?

Reason for refusal: under HC 395 Paragraph 281 (iii)

Evidence of phone calls are not itemized - Not true we sent phone bills which clearly shows date and time and number called/textd.

Sponser phone bills are sporadic - Not true, i text her everyday and she texts me as well. The numbers were highlighted.

Please advice if she can apply as a family visitor while its on appeal. We will resend the phone bills and point out the numbers, etc.

Thank you.

iceman010881
Newly Registered
Posts: 10
Joined: Mon Mar 07, 2011 10:30 am

Post by iceman010881 » Thu Mar 10, 2011 7:45 pm

Hi,

Can someone please help ?

Also I have heard about a reconsideration where the all the documents are submitted again with a letter asking ECO to reconsider.

Please confirm if this is right.

Thank you.

iceman010881
Newly Registered
Posts: 10
Joined: Mon Mar 07, 2011 10:30 am

Post by iceman010881 » Mon Mar 14, 2011 12:57 pm

Hello,

Why doesnt anyone help ?

THanks.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 8:45 pm
United Kingdom

Post by Greenie » Mon Mar 14, 2011 1:10 pm

Batleykhan already answered your question.

When you appeal your application will be reconsidered by the ECM. If the ECM upholds the decision then you will proceed to the appeal. If he overturns the decison your wife will be issued the visa. The ECM will consider the documents submitted with your application as well as your arguments and any evidence you have used to demonstrate your point.

You can also make a whole new applicaiton but if you do this you have to pay the fee again.

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Mon Mar 14, 2011 6:20 pm

iceman010881 wrote:Hello,

Thanks for the reply. Appeal can take up to 9 months. We cannot stay apart for long.

Is it possible for her to apply as a family visitor while the appeal is in process. She can stay in the UK for 6 months and then wait for the appeal verdict.

OR will ECO suspect family visitor visa can be used to stay in the UK ?

Reason for refusal: under HC 395 Paragraph 281 (iii)

Evidence of phone calls are not itemized - Not true we sent phone bills which clearly shows date and time and number called/textd.

Sponser phone bills are sporadic - Not true, i text her everyday and she texts me as well. The numbers were highlighted.

Please advice if she can apply as a family visitor while its on appeal. We will resend the phone bills and point out the numbers, etc.

Thank you.
There is no chance the family visit visa will be issued if you have alredy applied for settlement visa

ForumsPK
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Posts: 18
Joined: Mon Oct 25, 2010 5:25 pm
United Kingdom

Post by ForumsPK » Mon Mar 14, 2011 7:36 pm

This is quite strange reason to refuse a visa. How long you guys have been married for?

Sorry I can't answer your question of if she can apply for a visitors visa if settlement has been refused.

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