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Wait for appeal decision or re-apply?

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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AnneG
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Posts: 1
Joined: Mon Aug 09, 2010 4:47 pm

Wait for appeal decision or re-apply?

Post by AnneG » Mon Aug 09, 2010 5:17 pm

Hi, This s my first post, so I'm sorry for the very long post.

I'm a British national who is married to a Canadian. We got married 2 years ago (abroad) and remained abroad to work. Anticipating our move back to the Uk, we applied for his spouse visa in Jan 2010, but was rejected as the ECO:
1) didn't believe that we had met or had intentions of living together as a married couple, even though we had provided a marriage certificate and provided a statement of a joint bank account.

2) didn't believe that I was returning to the UK permanently

3) didn't think that we had provided enough evidence of accommodation.

We have since appealed, providing photos of us together and emails we sent each other, as well as my parents' mortgage statement, pictures or each room and a letter of consent from my father stating that we can both live in the house.
I have also been offered a job in the UK, and sent a copy of my contract.

The deadline for submission of documents was 21st July 2010, and we have applied to have a hearing based on papers. My first question is, how long after the deadline for submitting further documents (The IA35 form?) is the hearing?

Also, I will be returning to the UK this week to start my job, but my husband will be staying here an extra 8 weeks to complete his contract. Ideally we'd like to have his visa ready for then as he'll have to leave the country anyway because his employment visa will have run out. From what I understand, even if the appeal is successful it can still take up to 6 to 8 weeks for the visa to be issued. My question is, based on the information i've given, do you think we should reapply? would this be quicker?

I should also add that I'm 5 months pregnant, and would be devastated if my husband missed the birth.

Thanks for your time, I wish I had found this forum a lot sooner!

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Tue Aug 10, 2010 8:19 am

I think you need to explain the refusal notice wording as per the notice itself and not what you think you have been refused on.

A few words here and there can make all the difference as to what advice you recieve and the next step you need to follow. :wink:

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