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Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

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fighter128
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Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by fighter128 » Wed Dec 06, 2017 9:22 am

Hello,

I have applied for a Spouse visa in Kiev, Ukraine in October. In November I was rejected, here is a copy of the letter:




Web www.gov.uk/ukvi




Our Ref Sheffield/xxxxx
Date xx Nov 2017
Dear
Your human rights claim in an application for entry clearance made on 26/07/2017 is refused.
What this means for you
You can appeal this decision. Instructions on how to appeal are in the ‘next steps’ section of this letter.
The reasons for this decision are set out on the next page.
Yours sincerely,
ECO MT
Sheffield


REASONS FOR REFUSAL ROA
On 26/07/2017you made an application for entry clearance to the UK under Appendix FM to the Immigration Rules on the basis of your family life with your partner XXXXXX XXXXXXX
Your application has been considered under those Rules, and with reference to Article 8 of the European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed on gov.uk here: www.gov.uk/guidance/immigration-rules.
This decision takes into account as a primary consideration the best interests of any relevant child in line with section 55 of the Borders, Citizenship and Immigration Act 2009.
We have considered your application under paragraph EC-P.1.1. of Appendix FM. However, you do not qualify for entry clearance under the 5-year partner route for the following reasons:
Suitability
Your application does not fall for refusal on grounds of suitability under Section S-EC of Appendix FM.
Eligibility

Under paragraph EC-P.1.1.(d) you do not meet all of the eligibility requirements of Section E-ECP of Appendix FM for the following reasons:
Eligibility Relationship Requirement
You do not meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10.

Relationship requirements
E-ECP.2.1. The applicant’s partner must be-
(a) a British Citizen in the UK, subject to paragraph GEN.1.3.(c); or
(b) present and settled in the UK, subject to paragraph GEN.1.3.(b); or
(c) in the UK with refugee leave or with humanitarian protection.
E-ECP.2.2. The applicant must be aged 18 or over at the date of application.
E-ECP.2.3. The partner must be aged 18 or over at the date of application.
E-ECP.2.4. The applicant and their partner must not be within the prohibited degree of relationship.
E-ECP.2.5. The applicant and their partner must have met in person.
E-ECP.2.6. The relationship between the applicant and their partner must be genuine and subsisting.
E-ECP.2.7. If the applicant and partner are married or in a civil partnership it must be a valid marriage or civil partnership, as specified.
E-ECP.2.8. If the applicant is a fiancé(e) or proposed civil partner they must be seeking entry to the UK to enable their marriage or civil partnership to take place.
E-ECP.2.9. (i) Any previous relationship of the applicant or their partner must have broken down permanently, unless it is a relationship which falls within paragraph 278(i) of these Rules;
The documents that you have submitted do not demonstrate that your sponsor is a British national or settled in the UK. Therefore I am not satisfied that your sponsor is able sponsor your application. Neither have you submitted a marriage certificate. Therefore I am not satisfied that you have a valid marriage.
Furthermore, the documents submitted do not show that you have met in person, therefore I am not satisfied that you have met in person.
In addition you have not submitted any evidence that you are in a genuine and subsisting relationship. I therefore am not satisfied your relationship with your sponsor is genuine and subsisting or that you intend to live together permanently in the UK. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.6 & 2.10)

Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4.
Your sponsor is not exempt from the financial requirements as defined paragraph E-ECP.3.3.
In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
1. (a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.
2. (b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person’s employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
3. (c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

You have not provided any payslips or letters of employment for the required period as evidence of your sponsor’s gross income from their employment. I note that you have provided XXX bank statements (account ending XXX ) in your sponsor’s name for period 01/09/2017 – 16/10/2017. However, these banks statements are for a period after the date of your application.
You have failed to provide the specified documents of your sponsor’s employment. These documents are specified in Immigration Rules in Appendix FM-SE and must be provided. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)

Eligibility English Language Requirement
You do not meet the eligibility English language requirement of paragraphs E-ECP.4.1. to 4.2. You are not exempt from the English language requirement under paragraph E-ECP.4.2. In addition, you are not a national of a majority English speaking country listed in paragraph GEN 1.6 and have not passed an English language test (A1 Level of Common European Framework) with a provider approved by UKBA and/or do not hold an academic qualification recognised by NARIC UK to be the equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English.
I note that in your application you state that you hold a Masters degree from .... However the documents submitted do not demonstrate that you have a Masters degree from .... In addition you have not demonstrated that this qualification is recognised by NARIC UK.
I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules.



Exceptional Circumstances
We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM as applicable, whether there are exceptional circumstances in your case which could or would render refusal a breach of Article 8 of the ECHR because it could or would result in unjustifiably harsh consequences for you or your family. In so doing we have taken into account, under paragraph GEN.3.3. of Appendix FM, the best interests of any relevant child as a primary consideration.
Based on the information you have provided we have decided that there are no such exceptional circumstances in your case.
Refusal under the Partner Rules
In light of the above, your application is refused under paragraph D-ECP.1.3.of Appendix FM with reference to paragraph EC-P.1.1.(d) and you do not qualify for entry clearance on the 5-year partner route, or on the 10-year partner route on the basis of exceptional circumstances, under Appendix FM.
Compassionate Factors You do not fall for a grant of entry clearance outside the Immigration Rules on the basis of compassionate factors .


NEXT STEPS ROA
RIGHT OF APPEAL
You have 28 days from the date you receive this decision to appeal. Information on how to appeal, the appeal process and the fees payable are all available online at:
https://www.gov.uk/immigration-asylum-t ... ide-the-uk
If you want to seek legal advice you must do so now.
IMMIGRATION HEALTH SURCHARGE
If you have paid the Immigration Health Surcharge it will be refunded. You may need to pay again if any appeal is successful.

Now, the most interesting bit. I have submitted all the required documents initially but I have forgotten to submit:

Appendix 2
Official Copy
Latest statements

My sponsor posted those three documents from within the UK to Sheffield. They became confused and presumed these were all the supporting documents from my side and rejected me because this is clearly not enough. However, I do have a receipt from the visa centre where one can clearly see that all necessary documents were submitted.

IHS has not been refunded!! :twisted:

Obviously, I want to get the visa ASAP but on the other hand this was a gross negligence from HO's side. We have involved our MP (this was not easy) but it will take some time.

Now, I am not very happy to gift HO with around £3000 I paid for the application (base fee+IHS+priority fee) and pay again.

I know appeal takes around a year or even longer. Taking into the account HO's negligence (basically, they have even look at my case), is there a chance that the appeal is going to be dealt with quicker?

Any opinions are appreciated.

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by CR001 » Wed Dec 06, 2017 9:53 am

Now, the most interesting bit. I have submitted all the required documents initially but I have forgotten to submit:

Appendix 2
Official Copy
Latest statements
Just to be clear, did you NOT submit these at all or sent separately? If sent separately, how was it referenced to link to the application??

Did you submit evidence of communication and visits to prove subsisting marriage?

Where is the Master degree from? If from a university abroad, was UK NARIC ELA done and submitted with the original degree certificate?

How long have you been married?
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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by fighter128 » Wed Dec 06, 2017 11:24 am

CR001 wrote:
Wed Dec 06, 2017 9:53 am
Now, the most interesting bit. I have submitted all the required documents initially but I have forgotten to submit:

Appendix 2
Official Copy
Latest statements
Just to be clear, did you NOT submit these at all or sent separately? If sent separately, how was it referenced to link to the application??

Did you submit evidence of communication and visits to prove subsisting marriage?

Where is the Master degree from? If from a university abroad, was UK NARIC ELA done and submitted with the original degree certificate?

How long have you been married?
Hi CR001,

1. I sent those 3 pieces of evidence separately via my sponsor in the UK. She posted it to UKVI PO Box 3468 Sheffield, UK S3 8WA address. We have got a proof of delivery. The cover letter was included with all the relevant details: copy of my passport, GWF number, date and place of the application.

2. Subsisting. Yes, I have provided copy of chats, telephone calls, travel itineraries, pictures from wedding and other pictures together.

3. Master degree is from University in London, NARIC is not required in this case.

4. We had our ceremony in Ukraine in September 2017.

Basically, HO ignored all the docs I submitted at the visa centre and only took into the account those 3 docs my sponsor posted to them.

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by seagul » Wed Dec 06, 2017 11:36 am

Maybe all required documents were not dispatched to Sheffield in on go rather were sent separately and HO gets puzzle and only take into considerations the ones your sponsor send and rest which were sent by you can't be able to combine with the relevant case folder.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by CR001 » Wed Dec 06, 2017 11:40 am

Are you sure all the documents were not suppose to be sent to Sheffield?

The TLS website indicates that only non-settlement visas documents are scanned, which would indicate that Spouse visa application documents need to be sent directly to Sheffield. Unless they have updated things.

https://uk.tlscontact.com/ua/KBP/news.php?id=8301_4913
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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by fighter128 » Wed Dec 06, 2017 11:45 am

CR001 wrote:
Wed Dec 06, 2017 11:40 am
Are you sure all the documents were not suppose to be sent to Sheffield?

The TLS website indicates that only non-settlement visas documents are scanned, which would indicate that Spouse visa application documents need to be sent directly to Sheffield. Unless they have updated things.

https://uk.tlscontact.com/ua/KBP/news.php?id=8301_4913
I am 146% sure that documents were NOT supposed to be sent to Sheffield, this is the current practice in Ukraine and this was confirmed by my immigration adviser, who regularly works with applicants from Russia/Ukraine.

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by CR001 » Wed Dec 06, 2017 11:52 am

This user posted that they scanned the documents and sent the originals to Sheffield by special delivery.

immigration-for-family-members/still-wa ... l#p1538752
by jrsaundh » Fri Sep 22, 2017 8:26 am

Hi guys, I was wondering if you can shed some light on my situation. I would gladly like to share my experience in order to help others in a similar situation.

Long story short, my wife submitted her Spouse visa application at the visa office in Ukraine on the 14th July. They scanned all the relevant documents required. On the 24th July the hardcopy of her application was sent via Special Delivery to Sheffield. A few days letter we received confirmation that Sheffield has received her application.

It is now the 22nd September and we have heard no reply. To make matters even more frustrating we paid for priority service. We were informed that the application would take 15 working days after submittion. However, I was aware there could be some delays having adopted a realistic approach to the entire process. But this is absolutely ridiculous - paying for a priority service, being told 15 working days and it is now 2 months with no response. All we can see is "awaiting decision".

Furthermore, I have a lawyer and he has taken care of everything - created the application, cover letters, legal representation, making the appointments etc. Etc. About 28 working days into submission my lawyer sent a letter of complaint via special delivery to the Home Office demanding a valid reason as to why our application is so delayed under a priority service. There has been no response or outcome from that letter.

My wife and I are incredibly frustrated.
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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by fighter128 » Wed Dec 06, 2017 12:01 pm

Not sure why he decided to post the hard copies to Sheffield, this is NOT a requirement in Ukraine. This was confirmed by the email from Sheffield as well:

Dear xxx,

Regarding Visa Application: GWFxxxxxxx
For: xxxx

Your online application has been received at the UK Decision Making Centre. Your application is currently being prepared for consideration by an Entry Clearance Officer.

If you have made a Settlement application (except for applications lodged in USA and Canada): you must ensure that your UK sponsor has sent all relevant supporting documentation to the UK Decision Making Centre in Sheffield. The documents should be arranged in this order: application form and relevant Appendix* (See below); English language evidence; relationship documents; maintenance documents; accommodation documents. If documents are not received a decision will be taken on the basis on the information that has been provided.

If you have already had your supporting documents scanned in at the Visa Application Centre, or if you have already sent them in to us, please ignore the request for documents.

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by Wanderer » Wed Dec 06, 2017 12:06 pm

Why did u apply under Human Rights and not a straightforward spouse visa?
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by fighter128 » Wed Dec 06, 2017 12:10 pm

Wanderer wrote:
Wed Dec 06, 2017 12:06 pm
Why did u apply under Human Rights and not a straightforward spouse visa?
Oh, forgot to comment on this. I did NOT apply under HR, I applied for a spouse visa. HO got it wrong. Also, my application date is wrong. I suspect they may have mixed my application up with someone else's.

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by Wanderer » Wed Dec 06, 2017 12:18 pm

fighter128 wrote:
Wed Dec 06, 2017 12:10 pm
Wanderer wrote:
Wed Dec 06, 2017 12:06 pm
Why did u apply under Human Rights and not a straightforward spouse visa?
Oh, forgot to comment on this. I did NOT apply under HR, I applied for a spouse visa. HO got it wrong. Also, my application date is wrong. I suspect they may have mixed my application up with someone else's.
Looks like you got the office thicko working on your case!
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by fighter128 » Wed Dec 06, 2017 12:26 pm

Wanderer wrote:
Wed Dec 06, 2017 12:18 pm


Looks like you got the office thicko working on your case!
This is exactly my point! I am planning to appeal but taking into the account it may take 1year+...If you appeal and then reapply in January, would appeal affect my fresh application? Do not want to gift them £3K.

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by Obie » Wed Dec 06, 2017 3:34 pm

Applications for spouse are considered under Article 8, which has been incorporated into the rules.

You are entitled to appeal and reapply.

In this case, I think appeal may resolve things.

Was all the documents returned to your sponsor again?
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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by fighter128 » Wed Dec 06, 2017 4:48 pm

Obie wrote:
Wed Dec 06, 2017 3:34 pm
Applications for spouse are considered under Article 8, which has been incorporated into the rules.

You are entitled to appeal and reapply.

In this case, I think appeal may resolve things.

Was all the documents returned to your sponsor again?
Thanks Obie,

I am determined to appeal but I am afraid HO may play a hard game in return and ultimately reject the application...a few documents were outdated (>28 days old) but still relevant (letter from previous employer). So, we may end up loosing a lot of time.

Only some documents were returned, those my wife posted from within the UK (latest bank statements + official copy + appendix 2). She still keeps an envelope with the tracking no just in case.

Let's assume I am going to reapply and appeal at the same time. Provided I will be granted an entry clearance, I will have to stop my appeal, won't I?

Will appeal really take a year or longer?

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by Obie » Wed Dec 06, 2017 5:39 pm

Your appeal will become academic and you may have to withdraw. If they refuse again you may simply proceed. The option will be open to pursue wasted cost, if the decision was wrongly made.

If you used and adviser, I just wondered how you got things wrong or missed documents.
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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by fighter128 » Wed Dec 06, 2017 5:48 pm

Obie wrote:
Wed Dec 06, 2017 5:39 pm
Your appeal will become academic and you may have to withdraw. If they refuse again you may simply proceed. The option will be open to pursue wasted cost, if the decision was wrongly made.

If you used and adviser, I just wondered how you got things wrong or missed documents.
Two advisers (and many people on this forum) told me an appeal will take a year or longer. Do you think my appeal may take the same amount of time?

Unfortunately, I have used an adviser after I was rejected.

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by Obie » Wed Dec 06, 2017 6:19 pm

If you had provided documents to them and they ignored them, then in my view, it makes sense to appeal. If not, then an application.

An appeal can take up to a year, or it can take as little as 2-5 months, depending on whether your opponent conceded.

If what you said on the forum is correct, then i see no reason why they will not concede.
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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by fighter128 » Wed Dec 06, 2017 6:55 pm

I understand.

Last 2 questions -

1. If I appeal and reapply in a month time, will my new application not going to be put on hold pending the appeal outcome?

2. If I appeal and reapply, get an entry clearance, will I still be able to chase HO for £3k I paid for my initial application?

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by CR001 » Wed Dec 06, 2017 8:28 pm

chase HO for £3k I paid for my initial application?
What exactly did you pay £3k for?? A spouse visa is £1464 and IHS is £600, it doesn't add up to £3k.
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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by pink85 » Wed Dec 06, 2017 9:06 pm

hi..i think supporting document Sheffield address is
PO Box 5852
Sheffield
S11 0FX

I sent my spouse visa document on this address and get back within week..also i sent my certify copy of passport not original one.if i am wrong let me know gurus..i also got letter from ho if we need any further information from u than we send email which u provide.

thanks

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by fighter128 » Wed Dec 06, 2017 9:38 pm

CR001 wrote:
Wed Dec 06, 2017 8:28 pm
What exactly did you pay £3k for?? A spouse visa is £1464 and IHS is £600, it doesn't add up to £3k.
€1593 Fee + €678 IHS + €622 Priority + €16 Courier = €2909, which is roughly £2500. OK, my big mistake. Also, I have not been refunded IHS (yet, hopefully).

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by fighter128 » Wed Dec 06, 2017 9:39 pm

pink85 wrote:
Wed Dec 06, 2017 9:06 pm
hi..i think supporting document Sheffield address is
PO Box 5852
Sheffield
S11 0FX
They have got a few PO boxes, so I guess the actual address depends on the region where you applied.

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by fighter128 » Fri Dec 08, 2017 11:01 am

Appeal filed today. Let's see what happens.

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by gpm468 » Sun Dec 10, 2017 6:54 am

I suggest new application, then if necessary civil court action to reclaim costs of failed application and potentially consequential losses - I'm not sure of the law on the latter part - however I intend to find out when I take a civil case against HO for a previous failed application! (and they lost the re-application, luckily they fast-tracked it once they found it)

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Re: Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

Post by fighter130 » Sun Jan 28, 2018 1:21 pm

Sorry, lost access to the previous account, so made a new one. Please deactivate an old account.

Right, so I have received a notice of appeal from the Tribunal. Sheffield has been notified as well. Chased MP - wasted 2 months of my life! Got this from him:

Image

The most interested is the last paragraph. I understand that it is difficult to speculate but can somebody shed some light on the timescale of the 'review'? Few months? Any chance to get in touch with them about it?

I have also submitted almost all the documents I have initially provided to UKVI to the Tribunal (excluding the chat printouts), so I hope Tribunal will serve them on UKVI, won't it?

I have also crossed a border and was detained and questioned. UKVI officer said they believe the marriage is genuine etc. Will Sheffield be able to see this information?

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