Spouse Visa [Yemen] - REJECTED (Letter Attached) HELP!!!

[gollywood]

A great friend of mine [Divorced] who recently got remarried in Yemen has had had his Spouse Visa application (for his wife) REJECTED.

I've attached a summary of the letter (Click above)

The letter states that the application did NOT meet all the requirements of Paragraph 281

Namely,

1. Home Office are not convinced he is divorced
2. That one of his bank accounts was overdrawn - although the other one was fine.

Just a few queries:-

1, Where should he appeal? UK or Yemen? Which is quicker?
2. What is the waiting time for Spouse Visa appeals (Yemen)
3. He has all the documentation that confirms he is divorced - God knows why they didnt submit it!!
4. I ddnt know why he submited statements for an account that was O/Drawn - but the other one is fine.

Looks like basic errors were responsible for this rejection - he is kicking himself.

HOW CAN HE PUT THIS RIGHT?

Many thanks as ever!

[vinny]

How do I make an appeal?

What happens when an appeal is lodged?

13.5 - Spouses/civil partners and how they qualify.

[Mr Rusty]

If the applicant has documentary evidence or any further submissions to counter the reasons given in the refusal notice, these should be submitted to the refusing office, and ask the Entry Clearance Manager for a reconsideration. However, he/she should also ensure that an appeal is lodged within the 28-day period, sent to the address given on the form.

The appeal can always be withdrawn if the ECM accepts that the extra evidence merits a change of decision.

[gollywood]

Thanks Vincent....Mr Rusty.

Will let him know of the options.

May need to get back to you though

[gollywood]

Hi Gents

He's sent off the 'request letter to reconsider' their decison today.

He'll get the AIT2 Appeal form posted in the next week.

DO they look at these 'requests' favourably if its a 100% 'cast-iron' genuine application - and 2 simple errors caused the initial refusal?

[gollywood]

Also - what sort of waiting time to get an appeal date for a 'settlement/spouse' visa hearing date at the AIT (UK)?

Thanks

[gollywood]

Any body?

[Frontier Mole]

AIT waiting time 6 to 9 months. Less in the regions more in the South East.
Should be three months but it is just not happening in that time scale.

Time frame changes depending on time of year as well. There are lots of failed student visas and visit visas in the system at the moment as the knock on from earlier in the year applications either to start the new educational year or visit the UK during the summer months. (What summer months )

Another thing that pushes back time is the number of deports and asylum cases in the system. With the increased focus of criminal deports and an increase in the number of asylum claims this squeezes the court docket even further, leaving less time for other cases.

[gollywood]

Frontier...

Do you think its worth him reapplying? He's desperate to be with his wife!

[3crown]

we were refused 7 May 08 and bundle to be prepared and lodged by 31 October - so six months for us just for bundle preparation, though we did get an overturn and Visa issued 1 June. It's luck of the draw I think - I'm keeping everything crossed for you

Also - what sort of waiting time to get an appeal date for a 'settlement/spouse' visa hearing date at the AIT (UK)?

Thanks

[Frontier Mole]

The quickest way is to reapply however even with the new evidence he might not get the visa.

The in the middle approach would be to see if his reconsideration gets a response first before reapplying.

[gollywood]

Thanks for all your replies!

1) We posted a 'reconsideration letter' about 10 days ago.

2) We've now completed an AIT-2 Appeal form - which will be posted on Monday.

Then we wait.

I know its not my appeal, or my wife - but I'm feeling his pain!

He found out last week that his wife is expectating their 1st child!