Spouse Visa Rejected - NOT 'Compelling & Compassionate'

Hi guys.

Quick summary.

A friend applied for a spouse visa for his wife to come from the Yemen to UK. It was rejected on 2 counts (He FORGOT to send them the divorce certificate and sent in the wrong bank statements which showed him overdrawn) - both basic errors and worthy of him getting slapped!

He submitted his APPEAL immediately, but wrote to them (After getting advice here) to see if the authorities would overturn the decision, after he sent them the correct paperwork, with this letter.

He still hasnt had an appeal date given (could be May/June 2009) - but they have rejected the Letter to overtun the decision saying on each time that his case is not COMPELLING or COMPASSIONATE when submitting an Expedite Request.

What do they mean by this?

Since the initial application was sent, he found out that his wife is pregnant - and this was mentioned in the Appeal.

Since then, there have been complications with the pregnancy - shes been into hospital a couple of times.

How should he proceed? He is desperate to be with his wife, and child to be - and uses whatever annual leave he has to make 1 week visits out to see her.

He is considering REAPPLYING, with all the correct paperwork & documentation - as a decision is usally made within 2 weeks - rather than waiting for an Appeal date which wont be until after his child his born.

(Also, what would his child status be if it is born in the YEmen - and his wife wins her appeal - would the child be allowed to come to the UK).

Appreciate any assistance for my pal!

gollywood wrote:(Also, what would his child status be if it is born in the YEmen - and his wife wins her appeal - would the child be allowed to come to the UK).

If he is British otherwise than by descent (e.g. was born in the UK), then his child is British by descent. Else, he may register his child within 12 months of birth or after three years of UK residency.

gollywood wrote:Hi guys.

Quick summary.

A friend applied for a spouse visa for his wife to come from the Yemen to UK. It was rejected on 2 counts (He FORGOT to send them the divorce certificate and sent in the wrong bank statements which showed him overdrawn) - both basic errors and worthy of him getting slapped!

He submitted his APPEAL immediately, but wrote to them (After getting advice here) to see if the authorities would overturn the decision, after he sent them the correct paperwork, with this letter.

He still hasnt had an appeal date given (could be May/June 2009) - but they have rejected the Letter to overtun the decision saying on each time that his case is not COMPELLING or COMPASSIONATE when submitting an Expedite Request.

What do they mean by this?

Since the initial application was sent, he found out that his wife is pregnant - and this was mentioned in the Appeal.

Since then, there have been complications with the pregnancy - shes been into hospital a couple of times.

How should he proceed? He is desperate to be with his wife, and child to be - and uses whatever annual leave he has to make 1 week visits out to see her.

He is considering REAPPLYING, with all the correct paperwork & documentation - as a decision is usally made within 2 weeks - rather than waiting for an Appeal date which wont be until after his child his born.

(Also, what would his child status be if it is born in the YEmen - and his wife wins her appeal - would the child be allowed to come to the UK).

Appreciate any assistance for my pal!

compelling-the applicant life's is endanger
compassion-the applicant life's is expiring
wife is pregnant and she is not the applicant

republique wrote:
compelling-the applicant life's is endanger
compassion-the applicant life's is expiring
wife is pregnant and she is not the applicant

OK, I understand the 1st 2 lines - neither really apply to his wife.

I dont understand what you mean by the final line.

Yes, she is pregnant - but she IS the applicant.

vinny wrote:

gollywood wrote:(Also, what would his child status be if it is born in the YEmen - and his wife wins her appeal - would the child be allowed to come to the UK).

If he is British otherwise than by descent (e.g. was born in the UK), then his child is British by descent. Else, he may register his child within 12 months of birth or after three years of UK residency.

Thanks Vinny.

Would you think it makes sense for him to reapply now that he has fully addressed the 2 points that the initial application was rejected on?

gollywood wrote:

republique wrote:
compelling-the applicant life's is endanger
compassion-the applicant life's is expiring
wife is pregnant and she is not the applicant

OK, I understand the 1st 2 lines - neither really apply to his wife.

I dont understand what you mean by the final line.

Yes, she is pregnant - but she IS the applicant.

Since, the first two lines do not apply to the wife and she IS the applicant, they cant make an expediate overturn.

gollywood wrote:

vinny wrote:

gollywood wrote:(Also, what would his child status be if it is born in the YEmen - and his wife wins her appeal - would the child be allowed to come to the UK).

If he is British otherwise than by descent (e.g. was born in the UK), then his child is British by descent. Else, he may register his child within 12 months of birth or after three years of UK residency.

Thanks Vinny.

Would you think it makes sense for him to reapply now that he has fully addressed the 2 points that the initial application was rejected on?

I think you would be better off with reapplying as it is always better and quicker to reapply if the rejection reasons are self explanatory and basic.

As ever, thanks guys.

Have relayed the above advice on and he thanks you all for your time

All the best

I've spoken to my mate - he has decided to reapply - the appeals waiting list is jam-packed and AIT are hinting it could be September 09 as a minimum before a hearing date.

All his paperwork is in order and he is 100% confident of success.

But in the 'additional notes' section of the new application, should he mention that his wife is now pregnant and expecting their child?

He is worried that the authorities may view this child as an 'extra-burden' on the State - even though he is working and paying income tax on 3 jobs!!!

Is he right to worry, or should he mention the pregnancy!

Thanks for your help guys, as ever

gollywood wrote:I've spoken to my mate - he has decided to reapply - the appeals waiting list is jam-packed and AIT are hinting it could be September 09 as a minimum before a hearing date.

All his paperwork is in order and he is 100% confident of success.

But in the 'additional notes' section of the new application, should he mention that his wife is now pregnant and expecting their child?

He is worried that the authorities may view this child as an 'extra-burden' on the State - even though he is working and paying income tax on 3 jobs!!!

Is he right to worry, or should he mention the pregnancy!

Thanks for your help guys, as ever

Thats really a trick question. If his financial statements are good, then he should forcefully mention the pregnancy, to get the attention of the compassionate side of the ECO, on the other hand, if his financial situation is shaky, he is better off not saying it. More often than not, its a good thing to mention it than not.

RiFF wrote: Thats really a trick question. If his financial statements are good, then he should forcefully mention the pregnancy, to get the attention of the compassionate side of the ECO, on the other hand, if his financial situation is shaky, he is better off not saying it. More often than not, its a good thing to mention it than not.

His finances are excellent - working 3 jobs on the go - he just messed up when submitting the docs!

I think he has applied now - hopefully he mentioned the pregnancy - I would have.

RiFF wrote: Thats really a trick question. If his financial statements are good, then he should forcefully mention the pregnancy, to get the attention of the compassionate side of the ECO, on the other hand, if his financial situation is shaky, he is better off not saying it. More often than not, its a good thing to mention it than not.

What compassionate side of the ECO????....they dont have a compassionate side!!!!

gollywood wrote:

RiFF wrote: Thats really a trick question. If his financial statements are good, then he should forcefully mention the pregnancy, to get the attention of the compassionate side of the ECO, on the other hand, if his financial situation is shaky, he is better off not saying it. More often than not, its a good thing to mention it than not.

His finances are excellent - working 3 jobs on the go - he just messed up when submitting the docs!

I think he has applied now - hopefully he mentioned the pregnancy - I would have.

Thats fantastic.

Best of luck!