Settlement Refusal - Options for Appeal

Hi,

This is regarding my wife's visa application (entry clearance as partner of settled person) which was refused on the grounds of "failure to provide a medical report when required to do so. The application was refused under paragraph EC-P.1.1(c). of Appendix FM of the immigration Rules. (S-EC 1.6).

The application was made (online with Appendix 2 attached) on 01/03/2013 to Chennai, BHC. My wife was living in the UK from 15/Oct/2010 to 31/Oct/2012 as a Tier 1 dependent (visa expiring on 03/03/2013) and traveled to India for her delivery on 24/Jan/2013. I was granted settlement on 04/02/2013 from PEO Solihull.


According to the link here http://www.ukba.homeoffice.gov.uk/polic ... e/ecg/med/ MED2.3, returning residents who are not away from the UK for more than 2 years are exempted from needing a TB certificate. Since she was not away from the UK for more than 2 years and was residing in the UK for 2 years, I "assumed" TB certificate was not needed in her case (and she held a valid visa on the date of application). Anyways, my assumption proved to be wrong.

My question is will a new TB certificate be admissible as additional evidence or will it be a new evidence, if I am appealing the refusal decision? Any thoughts will be much appreciated.

thanks,
alladin

Returning residents is a specific category.

New TB certificate will be new evidence.

vinny wrote:Returning residents is a specific category.

New TB certificate will be new evidence.

Thanks Vinny, Does that also mean there is no point in appealing the decision and I will have to make new application?

With the application I also provided the pregnancy health records from the NHS (she was in the UK till her 28th week of pregnancy - 4 months before the application was made) containing health checks done including TB, which obviously was not taken into account.

@vinny, Where specifically in the returning residents does it say that a TB certificate is needed. Since OP claims wife was away for less than 2 years?

dimension7 wrote:@vinny, Where specifically in the returning residents does it say that a TB certificate is needed. Since OP claims wife was away for less than 2 years?

It doesn't. Returning residents link Vinny provided is a category for people who already have ILR and are returning to the UK after an absence abroad.

alladin wrote:

vinny wrote:Returning residents is a specific category.

New TB certificate will be new evidence.

Thanks Vinny, Does that also mean there is no point in appealing the decision and I will have to make new application?

With the application I also provided the pregnancy health records from the NHS (she was in the UK till her 28th week of pregnancy - 4 months before the application was made) containing health checks done including TB, which obviously was not taken into account.

Hi,

Thanks for your comments.

Could you please share your opinion about the possibility of a successful appeal? (My wife was also tested for TB in the UK (Addenbrooks Hospital Cambridge) when she entered the UK as Tier 1 dependent in Oct-2010.)

Sorry for not waiting for more posts as I need to make a decision on appealing very soon.

Cheers,
alladin