Spouse Visa Refused - appeal/re-apply

Singlebutnot16 · Post by **Singlebutnot16** » Sat Jun 02, 2018 6:24 pm

I am a British Citizen

My husband and I got married in Nigeria in Dec 2016 and did not make an application for him to join me in the UK until June 2017. We sent the bundle by recorded delivery in the UK (posted it myself) The bundle was then returned to us at my London address.

However there was some documents missing. I highlighted the missing documents in the new bundle that I sent and phone calls I had with UKVI Sheffield. I just assumed UKVI had kept them for extra checks. We were then contacted by UKVI that they had sent the bundle (incomplete) back to us by mistake and we should re-send.

I explained that the missing documents were still with them and that I would send everything else.

During this time I had also sent in further evidence as I gave birth in July 2017. Birth certificate confirming husbands details.

I sent the 2nd bundle with extra relationship I formation as requested in November 2017.

We recieved a refusal notice in March 2018 stating that my husband did not meet the English requirement and that I had not met the financial requirement. The English test was the one required, sat at one of their approved centres in London within the 2 year time limit for validation.

My bank statements that had not been returned along with bill statements from the first bundle is what was relied on to show that we met the financial requirement.

Is it worth appealing, which we have been given the right to, or should we reapply?

I have an older child as well so this refusal has been a very big issue as he constantly asks when my husband is going to join us.

I have not been with my husband since Jan 2017

And advice would be greatly appreciated!

Alam- · Post by **Alam-** » Sat Jun 02, 2018 6:48 pm

The quickest way is to re apply. Do you meet financial requirement now? And does your husband has english language test still valid and accepted by homeoffice? If no, I would still recommend wait another 6 months for your payslips and english test and re apply with all supporting documents. You can go to appeal but it takes over year and I doubt you want to wait that long.

Singlebutnot16 · Post by **Singlebutnot16** » Sat Jun 02, 2018 8:37 pm

I have always met the financial requirement through both self employment and a new full time position with my current company.

The English test has already expired.

My hands are also restricted as I dont have much disposable income to be able to afford all the fees again.

My husband is relying on me for most things now.

And we have not got the IHS payment back

LMH · Post by **LMH** » Sun Jun 03, 2018 1:38 pm

Sorry to hear you were refused. But this is quite typical. They either state they do not believe your relationship is legitimate and subsisting, say you don't meet financial requirements, or say a language test is missing. The numbers of refused applications that are overturned at appeal, is quite substantial. Many people give up on the current application, which seems to be the UKVI's desire. Many reapply, spending another £1200+. If you have the money, then nothing stops you from putting a fresh bundle together and restarting the process. But in reality, if you are confident you meet all requirements and have provided all evidence, then appealing is the best bet, especially in saving yourself that large amount of hard earned cash. Put that bundle together again, with all the original documentation and more. Overdo it! A copy of the English Test and proof that it was sat BEFORE the visa application, and was VALID at the time of application is very important. Even if it has now expired, from my experience, all that matters is that it was valid at the time of application. If you reapply, your husband will have to resit it.
In your bundle, create an index of all your documentation, numbered/lettered on the documents and in the index. Highlight key points on your documentation, and add a cover letter addressing the points they made for refusing the visa. Do mention human rights and rights to family life and all that, which they are denying your husband. Overdo it with bank statements too, for the 6 months before application, the 6 months after/up to now. And P60, as well as a letter from HR or contract showing you meet the requirement and did so for more than 6 months prior to application.
You do state that you were self employed. Did you pay yourself a salary?! I have read that if you do/did not, you will not satisfy the financial requirements. Please do look into that. I truly hope you do not fall into that category, but if this applies to you, and you have been in your current employment (not self employment right?!), for more than 6 months, then your best bet will be to reapply with fresh documentation etc.

If you appeal, the appeal will probably be reviewed by the ICQAT.

My husband's application was also refused about 6 months ago, and has now been overturned. I knew they had no legitimate cause to refuse him, so we appealed. If that bundle is well put together and addresses their reasons for refusal, its highly likely you will not even make it to tribunal, and the decision will just be withdrawn upon review of your appeals bundle. The only thing is time. Some people have responses to their appeals in 2 months or less, some in over 5/6 months, others shortly before their tribunal date, and some at appeals tribunal many many months after their appeal was made. It really depends. Luck plays a huge part in the waiting times it seems.

This is all from MY experience and observations over the past 15 months. I am not an immigration professional in any way whatsoever.

Good luck

LMH · Post by **LMH** » Sun Jun 03, 2018 1:54 pm

Just read fees have risen yet again.

FXR_1340 · Post by **FXR_1340** » Sun Jun 03, 2018 3:10 pm

Laizamaria wrote: ↑
Sun Jun 03, 2018 1:54 pm
Just read fees have risen yet again.

Can you provide a link showing this further fees increase?

Helpful if you can.

LMH · Post by **LMH** » Sun Jun 03, 2018 6:40 pm

https://www.gov.uk/government/publicati ... ised-table

LMH · Post by **LMH** » Sun Jun 03, 2018 6:40 pm

This is the link I saw on the .gov website.. Hope it helps. I also believe this has been posted and pinned on here already, but just mentioned it to the original poster, as she may have to do a new application, which would now cost more.

Ballmigirl17 · Post by **Ballmigirl17** » Mon Jun 04, 2018 11:13 am

Laizamaria wrote: ↑
Sun Jun 03, 2018 1:38 pm
Sorry to hear you were refused. But this is quite typical. They either state they do not believe your relationship is legitimate and subsisting, say you don't meet financial requirements, or say a language test is missing. The numbers of refused applications that are overturned at appeal, is quite substantial. Many people give up on the current application, which seems to be the UKVI's desire. Many reapply, spending another £1200+. If you have the money, then nothing stops you from putting a fresh bundle together and restarting the process. But in reality, if you are confident you meet all requirements and have provided all evidence, then appealing is the best bet, especially in saving yourself that large amount of hard earned cash. Put that bundle together again, with all the original documentation and more. Overdo it! A copy of the English Test and proof that it was sat BEFORE the visa application, and was VALID at the time of application is very important. Even if it has now expired, from my experience, all that matters is that it was valid at the time of application. If you reapply, your husband will have to resit it.
In your bundle, create an index of all your documentation, numbered/lettered on the documents and in the index. Highlight key points on your documentation, and add a cover letter addressing the points they made for refusing the visa. Do mention human rights and rights to family life and all that, which they are denying your husband. Overdo it with bank statements too, for the 6 months before application, the 6 months after/up to now. And P60, as well as a letter from HR or contract showing you meet the requirement and did so for more than 6 months prior to application.
You do state that you were self employed. Did you pay yourself a salary?! I have read that if you do/did not, you will not satisfy the financial requirements. Please do look into that. I truly hope you do not fall into that category, but if this applies to you, and you have been in your current employment (not self employment right?!), for more than 6 months, then your best bet will be to reapply with fresh documentation etc.

If you appeal, the appeal will probably be reviewed by the ICQAT.

My husband's application was also refused about 6 months ago, and has now been overturned. I knew they had no legitimate cause to refuse him, so we appealed. If that bundle is well put together and addresses their reasons for refusal, its highly likely you will not even make it to tribunal, and the decision will just be withdrawn upon review of your appeals bundle. The only thing is time. Some people have responses to their appeals in 2 months or less, some in over 5/6 months, others shortly before their tribunal date, and some at appeals tribunal many many months after their appeal was made. It really depends. Luck plays a huge part in the waiting times it seems.

This is all from MY experience and observations over the past 15 months. I am not an immigration professional in any way whatsoever.

Good luck

Everything this person has said above, i could not agree more! we was refused for genuine relationship and financial requirement. its like they pick reasons out of a hat and say "what reasons for refusal shall we give today!" - even if the evidence is there to prove it!

Appeal is best way forward if you have the proof which im sure your obviously do but it is a lengthy process as like the user above says, most get overturned anyway at court, or even sometimes at appeal review stage. I begrudge paying them again for reapplying because they couldn't do the job properly the first time so there is no hope for the second time. although there are users on the group who applied the 2nd time and got the visa, but unfortunately we were not in that position to pay again. its entirely down to you. its stressful being separated and also the uncertainty of everything.

Its worth writing a complaint a swell whatever you do. nothing may ever come of it, but it makes you feel just a tiny bit better. I hope whatever you chose to do it works out for you, its so hard.

Singlebutnot16 · Post by **Singlebutnot16** » Sun Dec 02, 2018 9:17 pm

Hi All,

Quick update as it has been a hot sec!

Decided to appeal on the papers and had an agonizing wait after submitting my 165 page supporting bundle.

Pleased to say we have had our appeal allowed.

Court found fully in our favour.

My next question is, how long will it take for the visa to be issued?

I can forsee no reason for a repeat refusal, touch wood.

The date on the allowed appeal is 21st November.

Any advice would be greatly appreciated.

Londoner007 · Post by **Londoner007** » Mon Dec 03, 2018 8:55 am

Probably up to 12-15 weeks

Teetads · Post by **Teetads** » Thu Jan 31, 2019 5:37 pm

Hi
Can you please share what you put in your statement for the bundle and also have you had the visa issued yet?

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Spouse Visa Refused - appeal/re-apply

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