Urgent Spouse Appeal: Please help!

[hope66]

Hello,

Please help with my appeal application which has just come late by post.I have only 7 days left before the deadline.
I had applied for spouse settlment Visa to join my wife.It was refused.

This is not an ordinary appeal because the Eco who refused my application had bombarded me during the interview with provocative questions,insults,sarcasm,and groundless accusations for 2 hours.Why?
Because I had overstayed my visitor visa and married in UK.
The Eco HERSELF VIOLATED the basic rules and ethics of her job:to be fair,careful,and courteous with applicants(See Ukvisas web site)

This Eco is also denounced by the national papers in my country.Apparently others have suffered and complained just like me.

Well the main point is I found out that in the refusal letter she ignored and denied the main evidences I presented to her in my application and during interview to support my application.For example,I included my wife's letters with supporting documents.She denied them.She still did not return them.

My question:If I mention her rude and extremely nasty behaviour and violation of rules in the grounds of my appeal,would that affect my appeal negatively,like delay or other things?


Thank you very much for any advice in advance.

[John]

Hi, can you say what grounds for refusal are mentioned on the refusal notice?

Which British Mission are we talking about here? That is, where did you apply for your visa?

Finally, when did you get married in the UK? And by how much did you overstay your visitor's visa?

[hope66]

Hi John,

Thanks for your prompt reply.

The refusal grounds

1-Maintenance
2-accomodation
3-marriage unsubsisting


I married in 2002. I overstayed 6 years.


Regarding my country,it's an African country and I'd rather not mention it at this stage for obvious reasons.May be later for the general benefit.

I hope you appreciate my concern.

Thanks

[John]

Ouch! That does not look good!

So how do you propose to counter those points?

Maintenance? Your wife earning? Sufficient to ensure that you will not need to claim certain UK Public Funds?

Accommodation? It appears that the ECO feels the accommodation you would occupy is not suitable, or would be overcrowded? Or could it be that there was insufficient information given about accommodation with the visa application?

Marriage unsubsisting? You are back in Africa now. Your wife? Still in the UK? How long have the two of you been living apart? And if the visa is granted, the two of you intend to live together again? Any grounds for the ECO coming to the conclusion that the marriage will not last?

It seems to me a great shame that you did not apply for a spouse visa in the UK shortly after your marriage in 2002. (That loophole was closed as from 01.04.03.)

[hope66]

Hi John,

Thank you for advice.

1-Maintenance:my wife's salary considered insufficient
2-Accomodation:Considered overcrowded
3-Marriage: Considered not genuine. Eco claims I have economic motive and my overstaying diminishes my credibility.
I havent seen my wife for 11 months.

As for that loophole closed in 01-04-03,I had indeed,shortly after marriage in 2002,contacted 2 solicitors in London and a Lawcentre for legal advice.The latter said it was impossible to apply for spouse visa in uk.Go to your country and apply.The 2 solicitors gave me exactly the same advice:"if you apply now you will be deported.Wait until 2 years of marriage and come here. only then you can apply for spouse visa."
I contacted them in 2 years time in August 2004,they advised me to apply at consulate at home because there is slim chance here in UK.That's why I came back to my country and applied hoping for the best.But unfortunately things seem to be tougher.

Question:How long does the appeal take?

Thanks again

[John]

This is not what you want to hear but ..... based upon what you write and in the absence of any information that there is further evidence that can be produced to counter the points made by the ECO in the rejection notice .... why do you think that appealing would be a useful thing to do?

Has your wife's income increased? Has she moved into bigger accommodation? Unless at least those points are defeated by further and better evidence then surely it is a waste of time appealing.

Just my opinion. Other opinions very welcome.

[hope66]

Hello John,

Your explanation is logical and rational.

But what would be the situation if we decide not to appeal?

Thanks

[John]

If you don't appeal the visa application will totally lapse.

It is always open to you to make another application in the future. But judging by the rejection reasons specified by the ECO it would not be worth you doing so unless and until you are in a position of supplying evidence that will counter the points that were made.

Just one further thing, do appreciate that the spouse visa application fee ... £260 .. or rather roughly the equivalent in local currency ..... is just that, an application fee. It is not a "visa issued" fee, so on any future application another application fee will be payable.

Of course if you were able to counter the reasons for rejection now then an appeal might be worthwhile. However appealing with no real possibility of winning is IMHO a total waste of time and effort.

[hope66]

Hi John,

The hardest thing for me if I dont appeal is let that Eco get away with some inaccuracies and lies in the rejection notice

just 2 important questions for me please:

1-How much time does appeal take,generally speaking?

2-If I apply again in the future and provide evidence of adequate accomodation and maintenance,but how about countering her claim that my marriage is not genuine and not subsisting


Thanks

[John]

Using your numbering :-

1. The time has been reducing but the best indication I can say is .... many months ... it is certainly nothing like an instant process.
2. One thing that might help is if your wife flies to your country and spends time with you. (If that has happened, then many apologies!) Indeed getting your wife to fly to your country and be present at least in the waiting room while your visa interview is conducted could assist in countering that point. After all you could say to the ECO that your wife is in the waiting room and is available to clarify any point.

[hope66]

Hi John,

Thanks a lot.God bless you.

[hope66]

Hello,

I have appealed after the refusal of my spouse settlment application.Maintenance is one of the main rejection grounds of the ECO as I explained in my previous posts.Answering their question in the appeal form"What documents do you intend to send but are not available now?" I wrote:
1-Job offer 2-my wife saving account

My question:
Would number 1 and 2 be enough to counterpoint maintenance,knowing that my spouse saving account is only £2200 and that I have demonstrated in my appeal form that I have a university qualification and good skills for employability?

Thanks