Advice on appealing a visa decision

[happyyuk]

Hi, everyone. It's my first time posting on the forum so apologies if I got to the wrong board.

My question is regarding whether or not to appeal a decision we just received on a spouse visa. My husband is British citizen and I am from Hong Kong. We applied for a spouse visa in Jan 2019 and at that time husband's salary was lower than the financial requirement so we thought we would just go for the 10-year route. My family kindly gifted a sum of money that could be used to cover the financial requirement in Nov 2018. Since the money needs to stay in the account for at least half a year to serve as evidence, we sent if off to the caseworker in April 2019. In the letter we included 6-month paychecks, proof of the gifted money and a declaration from my family.

I am granted a 10-year visa. To be fair, we didn't have all the information at hand at the time of the application so I would understand if they decided to give us a 10-year visa. Husband is currently working a higher-pay job so we can apply for the 5-year visa in a couple of months if necessary.

Is it worth it to try to appeal or just wait for a couple of months to get another application? Thanks for your attention.

[CR001]

You applied for the presumably FLR fp 10 year partner route, were granted what you applied for but want to appeal for some reason for submitting extra docs 4 months after applying when not asked for extra docs???

I am assuming you applied within the UK, so evidence at date of application is what is used to decide the application unless a caseworker specifically asks for additional docs, which doesn't appear to be the case here as you seem to have just sent them once you met the requirements.

[seagul]

If you now are eligible for 5 year route visa but wasn't eligible when you were granted visa on 10 years route then you can't appeal now. Rather you now can switch back to 5 years route but your clock towards ILR will reset to zero again.

[happyyuk]

Thanks all for your kindly reply.

Yes, I applied within UK because I was on a student visa earlier. The tricky part is it was an online application and it didn't ask the applicant to specify which route we opt for so I guess it's a bit of blurry boundary there, I suppose. The decision only came in today so the supplement information was sent off before the decision was made.

Anyways, I am fine either way, just wondering if an appeal is do-able or not

[CR001]

I guess it's a bit of blurry boundary there, I suppose.

Nothing blurry about it. If you don't meet the requirements, it is automatically the FLR fp 10 year route. Presumably your student visa was expiring hence applying before that even though you didn't meet the appendix FM requitements??

The decision only came in today so the supplement information was sent off before the decision was made.

Did you write a detailed covering letter to the caseworker requesting to be considered under appendix FM or did you just post evidence hoping they will?

Anyways, I am fine either way, just wondering if an appeal is do-able or not

Not worth it in my opinion as you were granted what you applied for.

[happyyuk]

Hi, thanks for your prompt reply. Yeah, I wrote a letter explaining why I am submitting the documents. I think I actually phoned beforehand, the staff on the hotline said I could try to send the documents in.

[seagul]

Hi, thanks for your prompt reply. Yeah, I wrote a letter explaining why I am submitting the documents. I think I actually phoned beforehand, the staff on the hotline said I could try to send the documents in.

These telephone operators aren't immigration staff rather agency hired. Call them again and you will find another answer. You can't reverse your 10 years route to 5 year route without new application and fee.

[CR001]

In that caseworker they didn't apply discretion which they don't have to and based the decision on the date of application.

How much was the gifted money from family?? If under £16,000 it would likely have been disregarded.

What is your husband's earning per month?

You do realise third party support is not allowed.