Notice of Pending Appeal

[Kimberlyc92]

Hi All!

I am a US citizen married to a British citizen and currently in the appeal process for a settlement visa. It was essentially denied for not submitting an appendix 2 along with it.

I received an email after my original visa submission (03/22/16) stating I needed to fill out an appendix 2 and submit via email within a week. I responded to the email provided with the appendix 2 detailing our finances, living situation, relationship, etc and also included our marriage certificate. I never received confirmation, but wasn't really expecting to.

May 21, 2016 I received a refund for my health insurance surcharge and a letter stating my visa had been denied. The reasons stated were essentially that proof of relationship/financial stability, the appendix 2 and marriage certificate had not been provided. I filed for appeal and submitted everything it arrived in the UK June 20th and I was charged the hearing fee on July 7th. Tonight (8/17/16) I received a letter dated 8/11 stating my appeal has been received and that they''ve notified the entry clearance officer to begin preparing the relevant documents. My question is does this mean an entry clearance manager has already reviewed the appeal and denied it, or is that taking place now? Also, if anyone knows if it's possible to change from a paper hearing to an oral hearing after submitting the notice of appeal?

Side note as well, my husband was previously living with a cousin while we saved for a house, but has now moved into a flat that he is renting. I know in the paperwork it said to notify them if my (US) address changed, but would it be necessary and/or beneficial to notify them that he has moved into his own flat. If so any idea where to send this information? I have an address and # for the first tier tribunal, but not sure if that would be the correct place to send it, or if I even should.

Any advise or previous experience in this stressful process would be greatly appreciated!!

P.S. if you need to know exact wording of any documents please let me know in case that would be easier to advise!

[Casa]

Were you advised to appeal? Missing documents which weren't available to the Entry Clearance Officer when they were reviewing the original application, won't be considered in an appeal.

Appendix 2 with the financial/relationship evidence plays a major part in the application and is mandatory with no discretion. It would have been wiser to re-apply with the required documents as the ECO's decision to refuse was correct.

Edit: To avoid confusion, in the UK we write the date as the day first, followed by the month.

[Obie]

But it appears that she provided the details to the ECO as requested. Therefore the refusal appears difficult to reconcile with reality.

[Casa]

But it appears that she provided the details to the ECO as requested. Therefore the refusal appears difficult to reconcile with reality.

Thanks Obie, I missed that. I'll polish my spectacles.

[Kimberlyc92]

Unfortunately, when I first submitted the visa I was unaware that an appendix 2 was needed at that point. When they emailed me to submit it I responded, but for some reason they did not receive the email with the documents.

Would it be too late to simply re-apply at this point? Or would I need to wait until the appeal process was finished?

Much thanks!!

Were you advised to appeal? Missing documents which weren't available to the Entry Clearance Officer when they were reviewing the original application, won't be considered in an appeal.

Appendix 2 with the financial/relationship evidence plays a major part in the application and is mandatory with no discretion. It would have been wiser to re-apply with the required documents as the ECO's decision to refuse was correct.

[Casa]

You can re-apply while awaiting the appeal. Do ensure however that your most recent financial documents/pay slip etc are no older than 28 days on the date you submit the new application.