Successful Appeal after Refused Spouse Visa- My experience

[Jaune08]

Hey friends,

I want to share with you my successful story of how I obtained a visa after appealing the initial refusal on my spouse visa. Today I’ve got an email from Sheffield saying that my visa was granted after the ECO has overturned their decision.

During the process, I’ve told many dos and don'ts when I considered appealing rather than reapplying. My aim is to help people who are/will be in the same situation as mine, and can benefit from this information.

Disclaimer: I’m NOT an immigration lawyer, but I will share my experience and what I’ve been told by two different solicitors.

• Immigration history: I applied for a spouse visa (outside the UK) on 3rd of July 2019, Priority service. Non complicated visa (e.g., being overstayer, not meeting the minimum income, etc)
  Date of Decision: 8th July 2019
  Decision: REFUSED
  Reason for refusal: English Test was NOT UKVI. The visa was SOLELY rejected on this basis. I submitted a regular IELTS Academic C1 instead of an UKVI Life Skills A1.

At this point, I was told to reapply rather than appeal, as you can’t submit new evidence (in my case, a new English test). Let me tell you in advance, THIS IS INACCURATE information. You CAN indeed submit new information to appeal the ECO’s refusal, IF your case is very straightforward (e.g., the refusal was based on a missing document or a wrong document).

I was told by two immigration lawyers that HO has a new set of guidelines when it comes to evaluate appeals.

When the applicant lodges an appeal, instead of being sent to court for a hearing, they FIRST are being assessed by a reconsideration team. In the past, this reconsideration team was exclusively evaluating appeals when the ECO has made a mistake. At present, they also reconsider cases that are super straightforward with non-complicated immigration history. If they are complicated, the circumstances haven’t changed since the decision was made and/or they are challenging the decision, then they are sent to the First Tier tribunal for a hearing, process that can take up to months-years to solve.

According to these immigration lawyers, there’s a document called Withdrawing decisions and conceding appeals from 2014, see page 6 at the bottom:

“For example, a decision may be withdrawn because…
…there is new evidence available, which could, if genuine, result in a grant of leave (see adjournments)”

This document is active and applicable at the time this post was written. Thus, you CAN submit new evidence, if that’s the solely reason for your refusal.

I’m pointing out this because I’ve been told the opposite. I don’t know where people got that from (or if this was a rule in the past), but I couldn’t find that alleged restriction anywhere that regulates current applications.

• Date of Appeal lodged: August 1st 2019
  
  I sat for a new English test (UKVI) after I got the refusal. This s a copy of what my lawyer wrote:
  
  
  
  Date of Appeal’s Decision: 9th August 2019
  Decision: VISA GRANTED
  
  

In conclusion, if your case is very straightforward (e.g., the refusal was based on a missing document or a wrong document), you may have a high chance to overturn the ECO’s decision when you submit the appropriate documents, as they won’t have reasons to hold the refusal anymore.

I hope this can result helpful for anyone in the same problem as I was. However, before lodging an appeal, always consult an immigration solicitor.

Finally, thank you to all the people on this forum who helped me with my refusal. And I will be willing to help others if they need advice too

[AmazonianX]

Hey friends,

I want to share with you my successful story of how I obtained a visa after appealing the initial refusal on my spouse visa. Today I’ve got an email from Sheffield saying that my visa was granted after the ECO has overturned their decision.

During the process, I’ve told many dos and don'ts when I considered appealing rather than reapplying. My aim is to help people who are/will be in the same situation as mine, and can benefit from this information.

Disclaimer: I’m NOT an immigration lawyer, but I will share my experience and what I’ve been told by two different solicitors.

• Immigration history: I applied for a spouse visa (outside the UK) on 3rd of July 2019, Priority service. Non complicated visa (e.g., being overstayer, not meeting the minimum income, etc)
  Date of Decision: 8th July 2019
  Decision: REFUSED
  Reason for refusal: English Test was NOT UKVI. The visa was SOLELY rejected on this basis. I submitted a regular IELTS Academic C1 instead of an UKVI Life Skills A1.

At this point, I was told to reapply rather than appeal, as you can’t submit new evidence (in my case, a new English test). Let me tell you in advance, THIS IS INACCURATE information. You CAN indeed submit new information to appeal the ECO’s refusal, IF your case is very straightforward (e.g., the refusal was based on a missing document or a wrong document).

I was told by two immigration lawyers that HO has a new set of guidelines when it comes to evaluate appeals.

When the applicant lodges an appeal, instead of being sent to court for a hearing, they FIRST are being assessed by a reconsideration team. In the past, this reconsideration team was exclusively evaluating appeals when the ECO has made a mistake. At present, they also reconsider cases that are super straightforward with non-complicated immigration history. If they are complicated, the circumstances haven’t changed since the decision was made and/or they are challenging the decision, then they are sent to the First Tier tribunal for a hearing, process that can take up to months-years to solve.

According to these immigration lawyers, there’s a document called Withdrawing decisions and conceding appeals from 2014, see page 6 at the bottom:

“For example, a decision may be withdrawn because…
…there is new evidence available, which could, if genuine, result in a grant of leave (see adjournments)”

This document is active and applicable at the time this post was written. Thus, you CAN submit new evidence, if that’s the solely reason for your refusal.

I’m pointing out this because I’ve been told the opposite. I don’t know where people got that from (or if this was a rule in the past), but I couldn’t find that alleged restriction anywhere that regulates current applications.

• Date of Appeal lodged: August 1st 2019
  
  I sat for a new English test (UKVI) after I got the refusal. This s a copy of what my lawyer wrote:
  
  
  
  Date of Appeal’s Decision: 9th August 2019
  Decision: VISA GRANTED
  
  

In conclusion, if your case is very straightforward (e.g., the refusal was based on a missing document or a wrong document), you may have a high chance to overturn the ECO’s decision when you submit the appropriate documents, as they won’t have reasons to hold the refusal anymore.

I hope this can result helpful for anyone in the same problem as I was. However, before lodging an appeal, always consult an immigration solicitor.

Finally, thank you to all the people on this forum who helped me with my refusal. And I will be willing to help others if they need advice too

Congratulations Jaune08, we keep getting new knowledge everyday and indeed yours on being able to submit new document or missing one will be quite helpful.
Go and enjoy the life.... Congratulations once again.

[seagul]

Under appendix FM-SE there is an evidential flexibility which allows to caseworker to delay an application pending submission of missing documents or the correct version of it within a reasonable set of time. But unfortunately most often it has never been exercised otherwise a lot of decisions correctly gets processed even before reaching to appealing.

[moses2019]

Thanks for the eye opener. I got my refused cos i submitted an expired ielts ukvi test result, am now to sit for another test hopefully will make an appeal too. Thanks.

[moses2019]

How long did it take before the decision of the appeal was over turn?

[Jaune08]

Congratulations Jaune08, we keep getting new knowledge everyday and indeed yours on being able to submit new document or missing one will be quite helpful.
Go and enjoy the life.... Congratulations once again.

Thank you so much, AmazonianX !!!!

Under appendix FM-SE there is an evidential flexibility which allows to caseworker to delay an application pending submission of missing documents or the correct version of it within a reasonable set of time. But unfortunately most often it has never been exercised otherwise a lot of decisions correctly gets processed even before reaching to appealing.

Hi seagul. As always, thanks for commenting! I don't know if there's an actual flexibility for FLR(M) visas. In my case, Home Office didn't delay my application pending submission of the correct version, they refused it straightaway . Valuable lesson: I shouldn't blindly trust a solicitor.

-----

Thanks for the eye opener. I got my refused cos i submitted an expired ielts ukvi test result, am now to sit for another test hopefully will make an appeal too. Thanks.

Hi moses2019!!! Then this thread may be applicable to you as well. Did you also apply for the 1st time for spouse visa?

For future references, English tests are ONLY valid for two years. Even if it isn't stated in the certificate, you can find that clause on the provider's website (i.e., British Council).

How long did it take before the decision of the appeal was over turn?

In my case, it took 6 working days. I have lodged my appeal on 1st August 2019 and the decision was overturned on 9th August 2019. Just make sure to attach the new certificate and write down the reference number on the appeal form.

Please let me know how it goes for you and if your refusal was overturned as well

[moses2019]

Tnz, i have been to uk twice on visiting visa .Did u apply by post or online?

[Karmy100]

Hey friends,

I want to share with you my successful story of how I obtained a visa after appealing the initial refusal on my spouse visa. Today I’ve got an email from Sheffield saying that my visa was granted after the ECO has overturned their decision.

During the process, I’ve told many dos and don'ts when I considered appealing rather than reapplying. My aim is to help people who are/will be in the same situation as mine, and can benefit from this information.

Disclaimer: I’m NOT an immigration lawyer, but I will share my experience and what I’ve been told by two different solicitors.

• Immigration history: I applied for a spouse visa (outside the UK) on 3rd of July 2019, Priority service. Non complicated visa (e.g., being overstayer, not meeting the minimum income, etc)
  Date of Decision: 8th July 2019
  Decision: REFUSED
  Reason for refusal: English Test was NOT UKVI. The visa was SOLELY rejected on this basis. I submitted a regular IELTS Academic C1 instead of an UKVI Life Skills A1.

At this point, I was told to reapply rather than appeal, as you can’t submit new evidence (in my case, a new English test). Let me tell you in advance, THIS IS INACCURATE information. You CAN indeed submit new information to appeal the ECO’s refusal, IF your case is very straightforward (e.g., the refusal was based on a missing document or a wrong document).

I was told by two immigration lawyers that HO has a new set of guidelines when it comes to evaluate appeals.

When the applicant lodges an appeal, instead of being sent to court for a hearing, they FIRST are being assessed by a reconsideration team. In the past, this reconsideration team was exclusively evaluating appeals when the ECO has made a mistake. At present, they also reconsider cases that are super straightforward with non-complicated immigration history. If they are complicated, the circumstances haven’t changed since the decision was made and/or they are challenging the decision, then they are sent to the First Tier tribunal for a hearing, process that can take up to months-years to solve.

According to these immigration lawyers, there’s a document called Withdrawing decisions and conceding appeals from 2014, see page 6 at the bottom:

“For example, a decision may be withdrawn because…
…there is new evidence available, which could, if genuine, result in a grant of leave (see adjournments)”

This document is active and applicable at the time this post was written. Thus, you CAN submit new evidence, if that’s the solely reason for your refusal.

I’m pointing out this because I’ve been told the opposite. I don’t know where people got that from (or if this was a rule in the past), but I couldn’t find that alleged restriction anywhere that regulates current applications.

• Date of Appeal lodged: August 1st 2019
  
  I sat for a new English test (UKVI) after I got the refusal. This s a copy of what my lawyer wrote:
  
  
  
  Date of Appeal’s Decision: 9th August 2019
  Decision: VISA GRANTED
  
  

In conclusion, if your case is very straightforward (e.g., the refusal was based on a missing document or a wrong document), you may have a high chance to overturn the ECO’s decision when you submit the appropriate documents, as they won’t have reasons to hold the refusal anymore.

I hope this can result helpful for anyone in the same problem as I was. However, before lodging an appeal, always consult an immigration solicitor.

Finally, thank you to all the people on this forum who helped me with my refusal. And I will be willing to help others if they need advice too

Hi, firstly congrats! great news.

Secondly for appeal is it 28 working days or is it 28 days general from the date of refusal?

[Jaune08]

Hi, firstly congrats! great news.

Secondly for appeal is it 28 working days or is it 28 days general from the date of refusal?

Thank you, Karmy100 . You have 28 normal days to appeal outside the UK. This is what my refusal letter said:

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

I hope this helps!

[THO]

Hi All,

Yesterday afternoon my wife and I got great news as our visa application refusal was also overturned and we are now starting the process of getting her visa in her passport.

We were refused a visa on the basis that I did not provide a set of unaudited accounts (I am self employed) as I did not realise the significance of this single document. The IR do not require me to do it, and my accounts are so simple, some money in and some expenses. That's all. Anyway, the refusal letter stated we met all the criteria including income, but the the ECO was unable to grant visa, since this evidence is required.

Reading advice on this board, it has been said that the ECO will not overturn a refusal based on the provision of evidence that should have been submitted at the time of the application, but I figured why would they give me an opportunity to appeal, if the only thing I could do was send in the document.

So I spent £420 on having this done by a professional accountancy, and hired a lawyer (£760 fixed price in total) so there could be no mistakes. Lawyer submitted our intention to request a paper appeal 8th August, 4 weeks later we received the case reference number and he submitted the missing document, and at the same time asked me for further information just in case the ECO needed it more before making the decision to send this to court for a ruling or he could overturn it himself and avoid court.

Yesterday received notification by email refusal overturned. So as Juane said, and I had already advised her, if your case is similar to ours then appeal with the additional evidence needed, it is much quicker, simpler and less expensive than doing a complete new application.

I also know another case from a different board where a UK man did not submit his CT600 form, and they appealed and their case was also granted before the need to go to court.

[moses2019]

Thank you very much for your post. I did appeal as I said I will and received a letter on the 19/08/19 from the tribunal saying they have sent request to ECO and that I wouldn't need to do anything for now so am patiently wait for any news. Just praying they overturn their decision.

[THO]

So Moses, your answer should come fairly soon. Fingers crossed, it sounds like a simple one, not unlike Juane, so probably will be granted.

[AmazonianX]

THO, Congratulations,your doggedness paid off. hope all progress fast onwards so you can be reconnected with your spouse shortly.

Hi All,

Yesterday afternoon my wife and I got great news as our visa application refusal was also overturned and we are now starting the process of getting her visa in her passport.

We were refused a visa on the basis that I did not provide a set of unaudited accounts (I am self employed) as I did not realise the significance of this single document. The IR do not require me to do it, and my accounts are so simple, some money in and some expenses. That's all. Anyway, the refusal letter stated we met all the criteria including income, but the the ECO was unable to grant visa, since this evidence is required.

Reading advice on this board, it has been said that the ECO will not overturn a refusal based on the provision of evidence that should have been submitted at the time of the application, but I figured why would they give me an opportunity to appeal, if the only thing I could do was send in the document.

So I spent £420 on having this done by a professional accountancy, and hired a lawyer (£760 fixed price in total) so there could be no mistakes. Lawyer submitted our intention to request a paper appeal 8th August, 4 weeks later we received the case reference number and he submitted the missing document, and at the same time asked me for further information just in case the ECO needed it more before making the decision to send this to court for a ruling or he could overturn it himself and avoid court.

Yesterday received notification by email refusal overturned. So as Juane said, and I had already advised her, if your case is similar to ours then appeal with the additional evidence needed, it is much quicker, simpler and less expensive than doing a complete new application.

I also know another case from a different board where a UK man did not submit his CT600 form, and they appealed and their case was also granted before the need to go to court.

[THO]

Thanks Amazonian, yes this has whole process of visas from her first two refusals for visitor visa, through being refused marriage visitor visa (which I had to threaten the HO with court to get them to actually look at the evidence provided) and now this, it's been a lot of stress and frustration and worry and so expensive.

But message is, keep trying and make sure you don't ignore or reduce the importance of any documents they have asked for.

[halima786]

hey, i’m having the same issue my husband visa got rejected on the basics of incorrect IELTS and that they haven’t received my work payslips.

my husband had done the Academic IELTS not the UKV1, but he has a UK Naric. My solicitor said the Academic IELTs will be fine but he was wrong.

Secondly they have said that they haven’t received my payslips. Me and my solicitor went to submit the documents in person and I and he are both witnesses to that. I feel like my case is simple yet complicated.

I’m not sure what to do and I am extremely tense. Not sure whether I should pursue a administrative review or an appeal. My solicitor is planning to assist me throughout this but unfortunately I don’t seem to trust him anymore As I feel like he is just trying to make more money off me. I would really appreciate any advice that you have since we are going through a kind of similar situation.

[xzaf]

Hey friends,

I want to share with you my successful story of how I obtained a visa after appealing the initial refusal on my spouse visa. Today I’ve got an email from Sheffield saying that my visa was granted after the ECO has overturned their decision.

During the process, I’ve told many dos and don'ts when I considered appealing rather than reapplying. My aim is to help people who are/will be in the same situation as mine, and can benefit from this information.

Disclaimer: I’m NOT an immigration lawyer, but I will share my experience and what I’ve been told by two different solicitors.

• Immigration history: I applied for a spouse visa (outside the UK) on 3rd of July 2019, Priority service. Non complicated visa (e.g., being overstayer, not meeting the minimum income, etc)
  Date of Decision: 8th July 2019
  Decision: REFUSED
  Reason for refusal: English Test was NOT UKVI. The visa was SOLELY rejected on this basis. I submitted a regular IELTS Academic C1 instead of an UKVI Life Skills A1.

At this point, I was told to reapply rather than appeal, as you can’t submit new evidence (in my case, a new English test). Let me tell you in advance, THIS IS INACCURATE information. You CAN indeed submit new information to appeal the ECO’s refusal, IF your case is very straightforward (e.g., the refusal was based on a missing document or a wrong document).

I was told by two immigration lawyers that HO has a new set of guidelines when it comes to evaluate appeals.

When the applicant lodges an appeal, instead of being sent to court for a hearing, they FIRST are being assessed by a reconsideration team. In the past, this reconsideration team was exclusively evaluating appeals when the ECO has made a mistake. At present, they also reconsider cases that are super straightforward with non-complicated immigration history. If they are complicated, the circumstances haven’t changed since the decision was made and/or they are challenging the decision, then they are sent to the First Tier tribunal for a hearing, process that can take up to months-years to solve.

According to these immigration lawyers, there’s a document called Withdrawing decisions and conceding appeals from 2014, see page 6 at the bottom:

“For example, a decision may be withdrawn because…
…there is new evidence available, which could, if genuine, result in a grant of leave (see adjournments)”

This document is active and applicable at the time this post was written. Thus, you CAN submit new evidence, if that’s the solely reason for your refusal.

I’m pointing out this because I’ve been told the opposite. I don’t know where people got that from (or if this was a rule in the past), but I couldn’t find that alleged restriction anywhere that regulates current applications.

• Date of Appeal lodged: August 1st 2019
  
  I sat for a new English test (UKVI) after I got the refusal. This s a copy of what my lawyer wrote:
  
  
  
  Date of Appeal’s Decision: 9th August 2019
  Decision: VISA GRANTED
  
  

Did you do your appeal online or a letter, the image appears to be showing online? and did you post your English cert or emailed them?

Thanks

[UA2015]

Hi All,

Yesterday afternoon my wife and I got great news as our visa application refusal was also overturned and we are now starting the process of getting her visa in her passport.

We were refused a visa on the basis that I did not provide a set of unaudited accounts (I am self employed) as I did not realise the significance of this single document. The IR do not require me to do it, and my accounts are so simple, some money in and some expenses. That's all. Anyway, the refusal letter stated we met all the criteria including income, but the the ECO was unable to grant visa, since this evidence is required.

Reading advice on this board, it has been said that the ECO will not overturn a refusal based on the provision of evidence that should have been submitted at the time of the application, but I figured why would they give me an opportunity to appeal, if the only thing I could do was send in the document.

So I spent £420 on having this done by a professional accountancy, and hired a lawyer (£760 fixed price in total) so there could be no mistakes. Lawyer submitted our intention to request a paper appeal 8th August, 4 weeks later we received the case reference number and he submitted the missing document, and at the same time asked me for further information just in case the ECO needed it more before making the decision to send this to court for a ruling or he could overturn it himself and avoid court.

Yesterday received notification by email refusal overturned. So as Juane said, and I had already advised her, if your case is similar to ours then appeal with the additional evidence needed, it is much quicker, simpler and less expensive than doing a complete new application.

I also know another case from a different board where a UK man did not submit his CT600 form, and they appealed and their case was also granted before the need to go to court.

Congratulations mate.
Kindly can you just help me with what other work documents did you provide ? As I’m self employed as well and gonna apply next month for my wife. Will appreciate your help.
Thank you

[THO]

Halima, your case seems simple to me. They rejected you because presumably VFS failed in the their job (they twice omitted documents and mixed up the order of documents they scanned and sent for me, so no surprise) and secondly you did submit a ILETS qualification that demonstrated the required level of English language skills, but is was just the wrong one.

So, quickly before your 30 days is up, lodge the fact that you would like make a paper appeal and then get the correct ILETS test done. You will have 4 weeks before you get a case ref number, and once you have this, you can submit the appeal, by sending the documents missing.

You would not be given a chance to appeal if you could not win it by simply providing those things. My lawyer is good, but I can't tell you him name here, you could PM me if you want.

[THO]

UA2015.

Thanks,

It depends on how you are self employed as to what you give them. I am not a company director, so provided them bank statements for a year, my tax returns for the last two years (get the IR to send them to you), a detailed description of how I make my money and evidence that it will continue, documents that show when I first registered with the IR to do my taxes, proof of NI and tax paid (I pay monthly by DD to avoid being in arrears, so highlighted this on my statements and also the invoices I was having paid to show money going into my account), and finally the unaudited accounts, which was the sticking point in our application.

There is a detailed list of documents needed on the govt Web site.

[UA2015]

UA2015.

Thanks,

It depends on how you are self employed as to what you give them. I am not a company director, so provided them bank statements for a year, my tax returns for the last two years (get the IR to send them to you), a detailed description of how I make my money and evidence that it will continue, documents that show when I first registered with the IR to do my taxes, proof of NI and tax paid (I pay monthly by DD to avoid being in arrears, so highlighted this on my statements and also the invoices I was having paid to show money going into my account), and finally the unaudited accounts, which was the sticking point in our application.

There is a detailed list of documents needed on the govt Web site.

Thank you. I’m sole trader and yes it’s very similar to yours. Have read everything but just wanted to make sure again as you have applied and experienced all this. Thank you.

[THO]

UA2015, what reason was given for your refusal?

[UA2015]

THO, sorry I haven’t applied yet. Going to do next month. trying to make sure I make everything ready and as per home office requirements etc.