Spouse dependant visa refused by entry clearance officer

[chiibe]

Please I need advice an Overseas domestic worker's husband was refused dependant visa, the sole grounds for refusal was that he is in a modest paid employment, and as such he was not convinced he will leave the UK at the expiration of his wife's visa. He did not query her savings, her employment and her accommodation, nor did he query their marriage
The wife's is about to go for her ILR by march next year. I have advised them to appeal even though a limited right to appeal. My question is .... does anyone have any suggestion??
Again if the appeal drags on and she gets her ILR, would that affect his appeal? what class of visa will he be granted if he wins the appeal after she has received ILR?

[vinny]

Appeal and reapply under 194/195, before the domestic worker is granted ILR.

There is no requirement for domestic workers under Rules in place before 6 April 2012 to leave UK at the expiration their visas. They may apply for ILR under 159G. Therefore, a domestic worker's spouse may subsequently apply for ILR as well, subject to 196E. Therefore, the ECO need not be convinced the domestic worker's spouse will leave the UK at the expiration of domestic worker's visa.

There should be full rights of appeal, similar to work permit dependants?

[chiibe]

Thank you @Vinny, yes I thought so too that their class of visa should have a full right of appeal. I helped her draft and Courier a letter to the Entry Clearance Manager at the Post asking him to review. What I was wondering is, since his facts and circumstances does not change will they not refuse the visa once again? For this refusal it was based on 194 (vi). If he were to apply again what can he do differently.
Also for the Appeal since the only ground of refusal is his lack of GREAT INCOME, ASSETS or SAVINGS therefore not sure of his intentions based on 194(vi), since there was no questions raised on other areas, what documents should be attached to the the appeal?

[vinny]

Of course, he should have no intentions of remaining beyond the leave granted to his wife. The ECO may grant leave in-line with his wife. But this doesn't imply that he must leave the UK when his wife's current leave expires, as his wife has the option of applying for further/indefinite leave to remain. Consequently, he will also have the option of applying for further/indefinite leave to remain, in-line with his wife. Therefore, it would be wrong for the ECO to expect him to leave the UK when his wife's current leave expires.

He and his wife should also show that they will be able to maintain themselves and any dependants adequately without recourse to public funds. His wife's employer may help with this.

[chiibe]

Thank you Vinny, actually I am her employer and I do pick her bills, including accommodation and I had written a letter as a supporting document in his application explaining this. So nearly all her money goes to savings, which she showed too.

[chiibe]

@Vinny just to give you update on the below visa issue.
We prepared for appeal (in December), and wrote a letter appealing to the conscience of the ECManager, the morning the appeal was to be posted, the Spouse got a call form post asking him to bring his passport for Visa.
He was given a 6mths visa that had an endorsement "Dependant of ODW Visitor" "no recourse to public funds" "no work", (sponsor had a visa remaining 4mths)
We wrote again notifying thm of the mistake , when nothing was done after a month, the spouse entered the country with a return ticket.
They both went for same day application, I attended with them and had a lot of explanations to make and tense moments.
ILR was granted to the ODW and the spouse was given 2yrs further leave to remain on form FLR(O).