ECM Finally agree to review our case

[Ballmigirl17]

Hi I am wondering if someone can help

Me and My partner who is from Albania made a Fiance Visa Application on 26th September 2017.
Our application was refused on 13th December for the following reasons,

1) I dont earn enough as a sponsor
2) Utility Bills were not submitted
3) A wedding has not been planned,
4) They have no proof of my fiance entering the country.
5) He is not on my tenancy Agreement.

Based on all of the above our relationship is not "genuine enough"

Points 1&2 are complete rubbish as i earn £20,000 a year (payslips all submitted) and atleast x6 Bills were submitted.

Point 3 - of course a wedding has not been planned yet. how can plan a wedding when i dont know how long it was going to take for them to let him come home. However my dress has been purchased, and various venues have been contacted for prices and availability which was also submitted.

point 4 - my fiance entered the country illegally in 2014 but left voluntarily on 26th September. and this was in a statement provided by our solicitor.

Point 5 - My local council refused to put him on my tenancy as he did not have sufficient proof that he was allowed to reside in the country - but they did provide me a letter to say that Once such documents are provided he will be allowed to stay and that my property is big enough to accommodate us both

Based on the points above our solicitor has submitted an appeal but also asking them for an administrative review based on the documents they reckon wasn't supplied (even though they was) and our MP has also sent a supporting letter.

I am currently not in a position to go and see him as I have used all my holidays up and it doesn't renew until July next year. which is tearing us both apart as we have been apart now since September

I just wondered what peoples thoughts were on an administrative review? do we stand a chance?

when the appeal goes to court I know for a fact that a judge is not going to be happy with the home office as we went above and beyond for the last 2 years gathering every document we possibly could to prove our relationship to them - which I find utterly ridiculous but hey ho!

any advice/help would be great,

thanks!
Paige

[Ballmigirl17]

Hi All

Just wondered if anyone has had a visa refusal overturned after an appeal review has taken place?

I just wanted to know how long it has took?

I spoke to the courts yesterday who confirmed they have received the £140 fee and appeal and it is currently in the process of being sent back to the home office to review. (appeal was sent on 18th December)

Many thanks
Paige

[pixelrage09]

Ours is still in appeal and our solicitor said it would take about 8-12 months. Keep strong and try to visit your partner whenever u get a chance. That greatly helps with the horrible wait.

[Ballmigirl17]

Ours is still in appeal and our solicitor said it would take about 8-12 months. Keep strong and try to visit your partner whenever u get a chance. That greatly helps with the horrible wait.

Hi thanks for your response.

as much as i would like to visit my partner to be with him, i am in no financial position right now after having to pay for the application and for the appeal.... not to mention having so much time off work with depression and stress (caused by not being able to be with me fiance) that i lost my job!!!!! i now have another place of employment but for the sake of trying to keep this job down and trying not to jeopardise anything else theres just no way i can be with him right now.

I have to chose the job over him to make sure he is able to come back, it sucks so much.

can I just ask if you Have you had an appeal review or not? as incompetent as the home office are it is very very clear that errors have been made.

[metanoia]

ECM review timeline given in pending appeal notice is 28 days but HO can take as long as they want (depending on how busy HO in that current time period) sometimes even after the hearing date is scheduled. There are few thread for appeal process timelines on this forum which you can read. Last year around time some people got their decisions overturned at 4-5 weeks, later in the year it was even after the deadline of 15 weeks. Recently somebody got their decision overturned even before appeal notice was issued.

Its a lengthy and stressful process, hard to have any idea of timelines. All you can do is stay strong and wait.

If moderators would start a new topic for appeal process that would be of some help, but i understand as these topics are hard to manage as people ask same questions again and again without trying to read the history themselves.

All the best with your appeal.

[Ballmigirl17]

ECM review timeline given in pending appeal notice is 28 days but HO can take as long as they want (depending on how busy HO in that current time period) sometimes even after the hearing date is scheduled. There are few thread for appeal process timelines on this forum which you can read. Last year around time some people got their decisions overturned at 4-5 weeks, later in the year it was even after the deadline of 15 weeks. Recently somebody got their decision overturned even before appeal notice was issued.

Its a lengthy and stressful process, hard to have any idea of timelines. All you can do is stay strong and wait.

If moderators would start a new topic for appeal process that would be of some help, but i understand as these topics are hard to manage as people ask same questions again and again without trying to read the history themselves.

All the best with your appeal.

Hi There thanks for the information.


I spoke with my solicitor yesterday who advised that it is rare for the refusal to be overturned at the stage of an appeal review, to which I asked, even if the evidence is clear that they made the mistake? she said unfortunately yes. I honestly dont know why they would want to put themselves infront of a judge and embarrass themselves for not considering all documents or even applying the correct law, but that's just my opinion.

I am hoping to hear soon as I know that the decision should be being passed back to the home office sometime soon, if it hasn't already.

Kind regards

[Ballmigirl17]

Has anyone ever applied for an urgent appeal?

And if so what grounds did you apply urgently for?

And was it successful or unsuccessful to bring the hearing forward?

[Ballmigirl17]

Hi All

Our solicitor has submitted my fiances expedite appeal request last week. we provided all evidence that we thought was satisfactory (doctors letter, hospital letter, mental health examination letter, therapist letter and others etc)

I just wondered if anyone had first hand experience with this, or can share with me the timeline of their experience? or if anyone had any knowledge regarding this.

I am extremely vulnerable right now, and this matters to me so much as I just want my fiance back.

Please if anyone can help it would be greatly appreciated?

Thanks in advance

[Ballmigirl17]

Hi All

My fiances visa got refused back in December (ECO mistakes), and we have appealed and also asked for it to be expedited due to my mental health deteriorating because of us being apart - still awaiting to hear back on this. First tier tribunal have our appeal and have confirmed its awaiting to be sent back for an appeal review.

Beginning of February, My fiance made a complaint to the home office for their negligence to which they replied they couldn't take the complaint further because he was an out of country applicant. So then I complained to the home office for what they are putting us through, to which they replied that they couldn't take the complaint further because I am not the applicant and because of data protection they cant discuss with me.

My Fiance then complained back to the home office on the 9th Feb and threatened them with the ombudsman (we have in fact made contact with the ombudsman and they have said the fact neither us can complain is very sneaky, so they sent us forms to complete and to be signed off by our MP)

Now all of a sudden, yesterday we received an email from the complaints team who pointed out everything we wanted to complain about so that it was clear... and then said they have passed it to an ECM to look at our case again.

Its only taken them 2 and a half months, with pressure from our solicitor and the MP to which they stated "we cannot review a refusal outside of appeal timelines".

I am slightly confused as to why now they have decided to review again (but i'm not complaining!), after saying we dont deal with it then soon as the word "ombudsman" is mentioned there is a sudden change of heart. I am not sure if its because of the ombudsmen comment or if its because they have finally received our appeal from the First tier tribunal, (to which neither our solicitor or ourselves have received any notification of this.) either way its a good sign for us right now and we are very hopeful.

As we are not sure on what basis they are reviewing again, can anyone shed some light on how long this could take?

Assuming its an appeal review - I have read that there is like 15 weeks wait... or they could just take however long they want? and could our expedite request speed this up?

Thanks in advance

[vinny]

Posts merged.

[vinny]

See also Appeals (entry clearance guidance).

[Ballmigirl17]

Posts merged.

Hi is there any chance when the posts are merged that the title of the topic changes to the one im asking about??

because I feel like doing this people are not interested as the most recent comment does not relate to the title?

[vinny]

Topic title changed as requested.

[Ballmigirl17]

I finally have confirmation from the courts this morning that our appeal HAS NOT been sent to the home office for an appeal review, not sure why as the appeal was submitted 18th December, but anyway that means the review they have agreed to do is because of our previous ombudsman comment.

Can anyone advise if the timing is different given it is not actually an appeal review?

Also court has confirmed that our expedite request has been received and will be looked at in due course and we should hear back once a decision has been made. - if expedite has been accepted would this also speed up the ECM review?

Thanks
Paige

[Katie_France]

Hi Ballmigirl17,

Congratulations on your further progress. Can you please elaborate more on your contact with the ombudsman?

I (applicant) wrote a complaint to UKVI but was refused because I am outside the UK. Then my fiance, now husband, wrote to MP, and MP sent a letter to the Home Office asking for an administrative review. Still no response from them. Even that we are going to apply for a spouse visa now, we don't want to leave the situation as it is. So could you share your experience with the ombudsmen, please?

[Ballmigirl17]

Hi Ballmigirl17,

Congratulations on your further progress. Can you please elaborate more on your contact with the ombudsman?

I (applicant) wrote a complaint to UKVI but was refused because I am outside the UK. Then my fiance, now husband, wrote to MP, and MP sent a letter to the Home Office asking for an administrative review. Still no response from them. Even that we are going to apply for a spouse visa now, we don't want to leave the situation as it is. So could you share your experience with the ombudsmen, please?

Hi Katie, Hope you are well.

Basically I made a complaint, and they refused to speak to me.

So my fiance made a complaint, they said oh we dont deal with out of country applications then referred us to the UKVI website where they charge you the ridiculous £5.48 for the email to which at no surprise that didn't help (we went back and forth with them for many days, and just received scripted emails).

My fiance replied to the complaints email about not dealing with out of country applicants with a very sarcastic and blunt email to let them know that they are not following procedures etc and that we were going to contact the ombudsman which we did, I called them from the UK stated everything saying they wont speak to me they wont speak to him how can anyone make a complaint? is this a correct procedure? etc.

The lady I spoke to was really helpful she said, if they wont speak to him then fine, I can complain about my own issues e.g. being diagnosed with depression etc and all the other health issues the process has caused me. She said there is a form to be filled out and signed off by the MP then sent back to them to take it further. She sent me the form by post in preparation... then 2 weeks later we get the response that they have agreed to review our case. I am not really sure if the ombudsman would have notified them that we contacted them to complain and take it further hence why they have now decided to review, but who knows. you have to just push them I guess, its taken 2 and a half months to push them, especially when our solicitor and MP had no joy with them, we seemed to have managed to do it by our self. Just get on their nerves until they decide to listen, that was my plan!!

In addition to this (after we sent the complaints - and before we received the conformation of a review), i had written letters to the royal family, and to Theresa May all to which have had a response. The queens letter states she cant help (i knew that anyway but just thought it would be a good idea to let her know what a shambles her country is in lol) and i had a response from the prime minister as of last week Wednesday from her communications team to state that as it is a home office matter they have referred my letter to the home office, so now the home office is bombarded by me and my fiance lol hopefully they will see sense some time soon!!

[Ballmigirl17]

So, our expedite request to the court was refused. There argument being that people are in the same situation as us and are also waiting, which to a certain extent I do understand but at the same not me not ANYONE should have to wait this long.

They have given us 14 days to submit again for a fresh judge to look. I dont know if I am mentally stable enough for another refusal, not sure if my heart can take it.


is there anyone on this site who has any idea how we can just end this situation? I am tired and drained both physically and emotionally. and seriously considering leaving the UK as I cannot believe they are allowed to treat people like this and all because they cant be bothered to do their job properly.

[Londoner007]

Dont give up, your nearly there. You waited long enough already.

In few months time you'll be telling your Husband in UK how stressed you were posting in this board and laugh about it.

Remember with Hardships come ease.

Hang in there.

[Ballmigirl17]

Dont give up, your nearly there. You waited long enough already.

In few months time you'll be telling your Husband in UK how stressed you were posting in this board and laugh about it.

Remember with Hardships come ease.

Hang in there.

Thank you for your kind words. Stressed does not even come close to what I am feeling right now, he has to be strong for me and i have to be strong for him but its just proving impossible right now

I am so so close giving up my home I worked hard for, giving up a brilliant job just to be with him. As much as he wants us to be together I know he wont let me do this.

If this review doesn't go in our favour and they refuse our 2nd expedite request I am not sure what else I can do.

[Londoner007]

I know it's easy for others to say this to you. But there is not much else you can do than be patient. Why should you have to leave UK your a British Citizen, you have rights - dont give up and make sure you win these rights.

Gone are the days when being a British Citizen meant anything. Back in the day if you were a British Citizen you'd almost be guaranteed to bring wife/husband here. Now it's hoping to bring them here, sad reality.

Hang in there.

Remember with Hardships come Ease. And the feeling of ease is soooo nice.

[Ballmigirl17]

I know it's easy for others to say this to you. But there is not much else you can do than be patient. Why should you have to leave UK your a British Citizen, you have rights - dont give up and make sure you win these rights.

Gone are the days when being a British Citizen meant anything. Back in the day if you were a British Citizen you'd almost be guaranteed to bring wife/husband here. Now it's hoping to bring them here, sad reality.

Hang in there.

Remember with Hardships come Ease. And the feeling of ease is soooo nice.

Thank you honestly

I know patience is key, but I ran out a long time ago lol. I am just ashamed of my own country for treating people like this. we have done nothing wrong. yet have to wait 2+ years just to prove it, like so many others I honestly dont know how they get through this.

[Londoner007]

It's a shame your husband didnt migrate to Kosovo first then apply!

[Ballmigirl17]

It's a shame your husband didnt migrate to Kosovo first then apply!

If only!! If we did it all the dodgy way im sure we would have been accepted lol

[Londoner007]

Half my friends are Kosovan / Albanian or other way around lol. It's not dodgy its just what a lot of people did - migrate from Albania to Kosovo for work purposes etc.

You have done well, you have a strong mind and trust me whatever you have gone through and being patient with it just proves you can do it. Just wait a bit longer and InshaAllah you will definitely get a good outcome.

All the best.

[Ballmigirl17]

Half my friends are Kosovan / Albanian or other way around lol. It's not dodgy its just what a lot of people did - migrate from Albania to Kosovo for work purposes etc.

You have done well, you have a strong mind and trust me whatever you have gone through and being patient with it just proves you can do it. Just wait a bit longer and InshaAllah you will definitely get a good outcome.

All the best.

A lot of my fiances family posed as Kosovan refugees from the war to come to the UK years ago, bearing in mind they all lived about 30 mins from the Kosovan border. its a shame really.

Thank you for the encouragement really needed it. Hoping to hear back at some point this week regarding the review as MP has asked the home office to expedite it whether they will do it or not I have no clue. Will let you know the outcome