Spouse visa refused

[Supportworker]

I would first like to say thanks to everyone on this forum as the information on here is vast and very helpful.
Saying that I am just shocked at my recent refusal for my wife's spouse visa details below.

I applied for my wife's spouse visa on 8th May 2019 from pakistan. Non priority. I Submitted all the documents to vfs london and she did her biometrics on 13th May 2019 in karachi. Om 22nd july 2019 we recieved a refusal letter from home office citing that I being a sponsor does not have ILR. They have aceepted my financial and wife's english requirement and this was the only reason for refusal.

Now a little background for my case. I was married and divorced from my ex eea partner and even UKVI called that a sham marriage but after a lot of struggle the court accepted my appeal and I recieved my retention of rights in January 2019. I then applied under eu settlement scheme as I had completed 5 years of eea marriage. On 3rd April I recieved a letter from home office that I have successfully been granted settled status under eu settlement scheme and was given the link to prove my status and an official home office letter.

Now the interesting part. With my wife's application I attached my passport my biometrics and the letter and status which is electronic to the application. The Eco mentioned in the refusal that he does accept I have eea resident card but does not believe I have settled status and refused. In the next paragraph he mentions that I attached a letter purportedly issued by the home office which does state that I was granted indefinite leave but the letter does not proof my status. So the Eco claims he called the EU department and they could not find that letter or reference of my settled on the system. Which is a shock because I called my self several time and they have confirmed that indeed I have settled status. The eu settlement department have gone as far as raising a dispute and claiming the eco has made an error when I called them after the refusal. This was the only refusal reason. Even though I had made a cover letter explaining the electronic status and clearly mentioning the reference number for.my eu settlement status in the cover letter and in the application.

I would like opinion on this as I have appealed the decision and included my MP who is as shocked as I am at the incompetence of the case worker who rejected a official home office document. Is there any thing more or has anyone else faced this kind of refusal?

Regards

[seagul]

I would first like to say thanks to everyone on this forum as the information on here is vast and very helpful.
Saying that I am just shocked at my recent refusal for my wife's spouse visa details below.

I applied for my wife's spouse visa on 8th May 2019 from pakistan. Non priority. I Submitted all the documents to vfs london and she did her biometrics on 13th May 2019 in karachi. Om 22nd july 2019 we recieved a refusal letter from home office citing that I being a sponsor does not have ILR. They have aceepted my financial and wife's english requirement and this was the only reason for refusal.

Now a little background for my case. I was married and divorced from my ex eea partner and even UKVI called that a sham marriage but after a lot of struggle the court accepted my appeal and I recieved my retention of rights in January 2019. I then applied under eu settlement scheme as I had completed 5 years of eea marriage. On 3rd April I recieved a letter from home office that I have successfully been granted settled status under eu settlement scheme and was given the link to prove my status and an official home office letter.

Now the interesting part. With my wife's application I attached my passport my biometrics and the letter and status which is electronic to the application. The Eco mentioned in the refusal that he does accept I have eea resident card but does not believe I have settled status and refused. In the next paragraph he mentions that I attached a letter purportedly issued by the home office which does state that I was granted indefinite leave but the letter does not proof my status. So the Eco claims he called the EU department and they could not find that letter or reference of my settled on the system. Which is a shock because I called my self several time and they have confirmed that indeed I have settled status. The eu settlement department have gone as far as raising a dispute and claiming the eco has made an error when I called them after the refusal. This was the only refusal reason. Even though I had made a cover letter explaining the electronic status and clearly mentioning the reference number for.my eu settlement status in the cover letter and in the application.

I would like opinion on this as I have appealed the decision and included my MP who is as shocked as I am at the incompetence of the case worker who rejected a official home office document. Is there any thing more or has anyone else faced this kind of refusal?

Regards

What does your BRP visa card says your status?

[Supportworker]

BRP says family member of eu national which was issued after divorce from my ex eea spouse and applied for retention of rights. After getting my retention of rights
and receiving my 5 years resident permit I applied Under eu settlement scheme they dont issue a new BRP card if you already have a valid BRP and it is clearly stated on the letter that my BRP card is valid and my settled status can be proved electronically. I will also qualify to apply for my citizenship in april 2020 under the eu scheme.

The ECO could have verified all this easily as there is a phone number and a reference number on the letter. He says he called but I dont know where he called as he could not find me on the system.

[wrony13]

Hi guys,looks like im on same boat as u.i have applied but still waiting for response. How long did it take to get the response from them?i have submitted all papers here in uk but my eife submitted her bio metric in Bangladesh. I also applied in non priority service.i need your advice please.im a non eu spouse got retained rights of residence after divorce and now settlement status. And tbh this is what something i have been expecting. Its very tricky.because the online status we cant use as proof of settlement status. And we will not get any paper documents unless u lose ur brp card or its get expired. So which means we have settlement status but we cant prove it anywhere. Its shocking.

[Supportworker]

After contacting MP And a bunch of other departments to complain UKVI reconsidered my wifes application.
I recieved email this week that UKVI have overturned the decision and will proceed to the next stage and asked me to pay the ihs and submit the passport.

They did not mention if they will issue a visa but just asked to submit the passport and wait for the decision.

If anyone has any experience in this please let me know can they re refuse the application after overturn?

If anyone needs help from me please dont hesitate to let me know if you are in a similar situation.

Regards

[Supportworker]

Hi guys,looks like im on same boat as u.i have applied but still waiting for response. How long did it take to get the response from them?i have submitted all papers here in uk but my eife submitted her bio metric in Bangladesh. I also applied in non priority service.i need your advice please.im a non eu spouse got retained rights of residence after divorce and now settlement status. And tbh this is what something i have been expecting. Its very tricky.because the online status we cant use as proof of settlement status. And we will not get any paper documents unless u lose ur brp card or its get expired. So which means we have settlement status but we cant prove it anywhere. Its shocking.

Hi wrony13

To be honest you cannot do much as you mentioned it's all new and the department who deals with spouse visa are not familiar with the settlement scheme yet and they are still contacting the old eu department who have no record of our online settlement visa. Just hope for the best and wait for your decision.

Regards

[wrony13]

Thnx for sharing information. That really helps.so for in case if my wifes visa get refused, what should i do ?what would be the steps i should take to get ukvi reconsider?thnx