Settlement visa - appeal query

[@yahoo.co.uk]

Hi everyone,
My wifes settlement application was refused recently with 2 items mentioned for refusal. One was due to us not sending an original document, so thats not a problem.

The second was the English certificate not being included in the application. At the time of application, my wife did not receive the certificate, but passed the course. We included the pass confirmation sheet with the application but had the submit it before the change in the requirements in June.
Since the application the College sent through certificate for Written, Listening and Reading but said she failed the spoken element.

She then re-took and passed the spoken part and in the appeal we included both original certificates. My concern is that the spoken certificate is dated as: 'Awared 6th October 2011'. Will this be a problem???

Thanks

[batleykhan]

Send both the items with the Appeal form and an explanation why they were not available at the time. Ask them to review your application on receipt of the docs. Send the appeal form to the BHC post where you applied and not to IAT in UK

[@yahoo.co.uk]

Thanks batleykhan.
I have a couple of additonal questions which I hope you can help with;

1) Do they usually acknowledge receipt of appeal papers or just contact you once they have processed/reconsidered it? If they do acknowledge, how long does this take?

2) Looking at worse case scenario where she may need to reapply from scratch, can you tell me if the following English certificates will fulfil the new requirements or if she will need to take new tests:

- City & Guilds Entry Level 1 Certificate in International (reading, Writing & Listening) (Preliminary A1)
- City & Guilds Entry Level 1 Certificate in International (Spoken) (Preliminary A1)

3) One additional point they made in the refusal letter was that we need to provide proof of contact and my travel to visit her. I haven't been back since we married in February 2011 (since I was there in November and February and waiting for visa approval before travelling to collect her). If I travel out now, is there any way I can send in copies of my passport to show I have visited her or is the appeal file 'closed' to any additions?

Thanks

[@yahoo.co.uk]

Anyone? I would really appreciate some help

Thanks

[batleykhan]

Thanks batleykhan.
I have a couple of additional questions which I hope you can help with;

1) Do they usually acknowledge receipt of appeal papers or just contact you once they have processed/reconsidered it? If they do acknowledge, how long does this take?

If you sent your papers to IAT in UK, they do sometime acknowledge receipt of them. If you sent them to the BHC post where you were refused, they don't acknowledge receipt until IAT gives you a hearing date

2) Looking at worse case scenario where she may need to reapply from scratch, can you tell me if the following English certificates will fulfil the new requirements or if she will need to take new tests:

- City & Guilds Entry Level 1 Certificate in International (reading, Writing & Listening) (Preliminary A1)
- City & Guilds Entry Level 1 Certificate in International (Spoken) (Preliminary A1)

If these were handed in with your previous application and no mention of it was made in refusal, then they should be OK to readmit with any subsequent applications you may make

3) One additional point they made in the refusal letter was that we need to provide proof of contact and my travel to visit her. I haven't been back since we married in February 2011 (since I was there in November and February and waiting for visa approval before travelling to collect her). If I travel out now, is there any way I can send in copies of my passport to show I have visited her or is the appeal file 'closed' to any additions?`

By contact it does not mean you have to visit her, it may mean contact by other forms, IE letters,cards, email, phone bills etc.I don't think it is advisable for you to travel to see her, just to prove a point after which you have been refused, as that would not be admissible in court

Thanks

[geriatrix]

Hi everyone

Some background: Wife applied for settlement visa in June 2011
Refused in Sept 2011 due to 3 things: didn't include original divorce papers from last marriage and didn't include a cert for ESOL spoken test + no proof of rent/mortgage provided

Now, we appealed within the 28 day period with:
1) Added original divorce paper
2) included ESOL cert, which arrive at end of October
3) House is freehold so no mortgage or rent to pay (as evidenced originally), so obtained bank letter to that effect

We hoped the original decision would be overturned given the appeal and papers submitted, but got a letter last week to say this has been referred to tribunal with mid-Feb deadline.

My questions:
1) Can I ask them to recconsider as we have given all required/requested evidence?
2) If they insist on the hearing, what are her changes of success? The only thing I can see as an issue is the spoken element of the ESOL cert was obtained in October, after the original application
3) is it worth considering re-appliying from scratch? If we do that, how do we get all the original documents (as sent in the appeal) from them to include in one pack?

Thanks in advance

[geriatrix]

1. A review at BHC subsequent to an appeal is effectively a "formal reconsideration". Making another (informal) request for reconsideration may be useless .. given that the review has not overturned the earlier refusal.
2. Only a judge can answer that.
3. Your choice ... but you cannot so without any original documents that you may need. So, either you get a new set of original documents to reapply or withdraw your appeal and reapply after the documents have been returned.

[@yahoo.co.uk]

Having receievd details of the forthcoming appeals hearing, my wife received a call from the Embassy asking her to re-take the medical (which has just expired) and to submit passport to get the visa attached!

Sounds too good to be true and I am still in positive shock. Anyone else had anything similar?