Appeal / reconsideration confusion, decision overturned!!

[uddin000]

Hi Uddin000

Your case is similar to mine. I was refused because of some missing payslips like yours. I was advised to make new application by everyone as it the quickest and easiest way. I ignored their advice and appealed immediately. I also send complaint to the ukvi complaint department explaining what happend. It didn’t help much really. They reply back within 20 working days . I also send complaint to the ukvi customer service and it wasn’t helpful aswell. At the same time I booked an appointment with my MP and explained him the unfair refusal. I took all the documents with me including the missing payslips and also the documents confirmation letter from ukvi after they returned my documents.

I pointed out few points to my MP

1. There was a factual error
2. Caseworker failed to exercise evidential flexibility
3. Caseworker failed to request the missing payslips ( last month there has been a change in immigration policy and case workers are required to request you in writing to submit the missing documents within a certain period of time before a decision is made) discuss this with your lawyer .

4. Caseworker didn’t apply immigration law appropriately and it was unfair on you as it’s your second application. It has caused you great distress both emotionally and financially.

5. The homeoffice should reconsider your application Because it will not only be fair but it will also save wasted cost for both parties.


Point these out and ask you MP to write to ukvi . Hopefully they will reconsider and ask you to submit your missing docs. It could take more than. Month for them to respond to PM letter. It will take 3 months for the outcome if they reconsider.

If they don’t email you or refuse to reconsider ask your MPs help to make a complaint to the parliamentary Omdurman. You can also convince your Mp to write to Sajid Javid. You can also publish your story on newspapers . All these methods can force ukvi to reconsider and overturn The decision. I didn’t have to go through all these as mine was reconsiderd after MPs letter to UkVI.

Lastly you can also send pre action protocol to Ukvi and consider judicial review. This might speed up the process from ukvi. But you have to file for judicial review within 3 months of your application being refused.

Although I cannot give u 100% assurance, there is high possibility that they will reconsider and overturn their decision.

If they don’t reconsider your application, which I think is less likely, go ahead with your appeal. It’s time consuming but atleast you can explain at the hearing with all the proofs to the judge and your appeal will be definitely granted. It’s always best to maintain an income of 18600 until your are issuers a visa. Also make sure to get help for an experience and good solicitor. He should have past experiences in dealing with spouse visas.

I wish you all the best brother and don’t stress, just keep cool and be patience and positive. Your wife will be with you one day, Inshallah

Hi jedai prince, thanks for your advice..I already sent email to complaints, and i had no reply..also sent email to ukvi and they didnt help..

I sent email to my MP explaining my situation, he called me and he said a member of a team will contact me in 10 days.

My solicitor sent the papers for appeal..

This is our 2nd application to be refused and we are very stressed..we been trying since 3 years.

I believe the refusal is unfair and the ECO clearly didnt follow the immigration law..

Heres the refusal letter:
you have provided payslips for april, may and july 2018 from your sponsors employment with XXX and therefore do not meet the requirement as above.

Furthermore, the employment letters from Job 1 and Job 2 show your sponsors annual income is £9771 and £8143. I am not satisfied that this employment shows you meet the £18600 threshold.

I did send 6 months payslip from april to sept 2018..all 6 payslips was scanned and returned to me which was inside the supporting bundle.

Financial Requirement:

We applied under category B: employment income and Category D: Cash Savings.

From April to Sept 2018, I have held a minimum of £24,950.38 in my personal current Bank account.
The amount of cash savings above £16,000 must be divided by 2.5 (to reflect the 2.5 years or 30-month period before I will have to make a further application) to give the amount which can be used in meeting the financial requirement. The following equation is to be used – (£24,950.38 minus £16,000) divided by 2.5 = £3,580.15.

My total annual gross income from both 2 jobs is £17,915.04. I can use savings of £3,580.15. This amounts to a total of £21,495.19 per annum.

I therefore meet and exceeds the financial requirement.

[waruni100]

Dear members,

I was previously refused spouse visa for missing docs on may 2018 and after contacting MP HO agreed to reconsider and asked for missing docs, meanwhile I also filed for appeal. HO told us and MP a decision on reconsideration will be made as soon as they can. After waiting for months , Me and my employer were interviewed and told a decion will be made in few weeks. They delayed the decision and last week I was send a letter from tribunal confirming an appeal hearing date.

I was so upset as HO promised us they would reconsider and let us know the new decision but instead they went for appeal hearing.I contacted the UKIV customer service and was told that the decision on my reconsideration was still pending and they will make a decision shortly. Today I received an email from Sheffield decision making centre not from appeal review department and it's below as follows:



The decision to refuse your visa application has been overturned and our office will now proceed to the next stage of your application. To complete this process we require you to undertake the following steps:

1. Please submit your passport to the Visa Application Centre (VAC) where you made your original visa application .

2. Please also submit a copy of this e-mail so that the Visa Application Centre will accept your passport.

3. If you require a TB certificate for travel, please ensure this is up to date and valid.

You will be contacted when a decision has been made and your passport is ready to be collected.

Kind regards,

UK Decision Making Centre



1. Does this means that they will issue a visa? How long will it take to issue visa? They didn't ask for IHS also my previous IHS surcharge is still not been refunded. Do I have to pay again, if yes how?

2. Do I have to cancel the appeal?

Kindly advice
Many thanks

Hi Jedai Prince,

Can you please let me know which Form did you fill in when you submit your passport to your Visa Application Centre?

Thanks,