SPOUSE VISA REFUSED

[kimak]

Hi

Extremely confused, and heart broken.

Spouse visa refused today, consulted with two firms.

One said to go for administrative review, because i do not have the full right of appeal and if i appeal it would be be on Human Rights, and the decision would probably not be overturned as this is not a Human Rights appeal. It would then go to court, and you would wait a year, and it would be thrown out because this is not a human rights appeal.

Second said, to go for appeal.

Reasons for refusal:
i) ECO thinks company doesn't exists, he checked online on companieshouse, companycheck and cotax. The company exists.
ii) Could not pick the call, they called 3 times.
iii) Based on above, they beleive employment is not genuine.

Please advise.

[Casa]

Why do you think they couldn't find any trace of the Company

[kimak]

May be because they didn't type in the full name of the company or they did not search the company by it's number. The company is called for ex: ABC LIMITED, they may have searched for ABC only? BUT which direction should we take? Appeal or Administrative Review (i am confused).

[Wanderer]

May be because they didn't type in the full name of the company or they did not search the company by it's number. The company is called for ex: ABC LIMITED, they may have searched for ABC only? BUT which direction should we take? Appeal or Administrative Review (i am confused).

No, if you search on Company House website all the possibilities come up, it's not rocket science...

[kimak]

I don't know then why he wasn't able to see, when in fact it does come up as you suggested.

I have all the proofs. When i did the search it came up, when the solicitor did the search it came up, when the employer did the search it came up and secondly, why did they not check with HMRC?

[kimak]

We were supplied with IATF-6, which form do we need to use to appeal?

[BYC]

Yours is a case of ECO thinking your company is not genuine, then you go ahead and prove them wrong, if you truly searched and found your company on company house database, I will advice you to Appeal, provide screenshots evidence. So if they called you and no response, why didn't the ECO send you an email or a letter by post in order to verify issues. They must be joking, sometimes I wonder whether these ECO know anything more than to copy and paste Refusals.

[kimak]

I will submit the screen shots from the sites they mentioned they checked the company at, HMRC's Employment History Letter, Letter from employer, companie's last corporation tax return BUT i need to know which form to use IATF2 or IATF6

[BYC]

I have no idea which form you have to use, contacts should be on your notice

[kimak]

They sent IATF6 along with refusal letter, solicitor said can't use it since its a human rights form.

[noajthan]

Hi

Extremely confused, and heart broken.
...

Reasons for refusal:
i) ECO thinks company doesn't exists, he checked online on companieshouse, companycheck and cotax. The company exists.
ii) Could not pick the call, they called 3 times.
iii) Based on above, they beleive employment is not genuine.

Please advise.

Why doesn't a company answer the phone?
Is there no receptionist or recorded message or answerphone service?

[kimak]

The company answered the phone, sponsor missed the calls. Company also verified what they were asked for, but there is no mention of it in the refusal. Which form do i need to use to appeal? IATF2 or IATF6, HO included IATF6.

[Casa]

The company answered the phone, sponsor missed the calls. Company also verified what they were asked for, but there is no mention of it in the refusal. Which form do i need to use to appeal? IATF2 or IATF6, HO included IATF6.

Sponsor missed the calls? Do you mean you missed the calls?

[kimak]

Yes, that's right.

[batleykhan]

Reasons for refusal:
i) ECO thinks company doesn't exists, he checked online on companies house, company check and cotax. The company exists.
ii) Could not pick the call, they called 3 times.
iii) Based on above, they believe employment is not genuine.

So would I if was an ECO.Remember an ECO doesn't have enough time to be doing this over and over again.

The onus is on you to provide such information with your application.You can easily go Companies House and obtain a print out of teh company details. If it was VAT registered you could obtain that information via online as well. As for not picking phone up and not being able to speak to you, I would have thought you would have had with your employer and told them that UKBA may ring about you and if they did to inform you immediately.............If you haven't done this , then you only have yourself to blame. As for taking it further to appeal...that will depend on you providing evidence of above points on which you were refused. If you can do so them before lodging an appeal , consider reapplying, as appeals are taking a very long tome to be heard