Entry Clearance Refusal

[Omaricious]

hi everybody

a friend of mine has just been refused his spouse visa.

you will find enclosed a snapshot of the refusal notice

please advice us wether an appeal will have any good end or not

thank you

[Wanderer]

Are the salient points referenced in the refusal true?

[Seneca]

It will be very tough for him to succeed in the appeal process if he lie about his past immigration history in UK. Because there will be nothing to appeal about. The decision is fair and proportionate according to information given.

May be s(he) can wait for a while and then apply again this time s(he) should be honesty about his past history. He will have a chance. Spouse visa is normal granted even if somebody has overstay in the past. The issue here is failure to put correct information the form.

[Omaricious]

@wanderer the problem he made during the filling of the form is that they asked when did he enter the UK and when did he leave..
as he overstayed in the UK for 13 years he filled the app form in the UK before returning to his country so it wasn"t possible to put a future date for leaving (the form was filled on 1st dec and he was leaving on 4th dec) so stupidly he put the date of his entry.

as for the financial requirements the payslips showed that the sponsor gets paid via her bank while she was getting paid cash in hand.. so the 2nd salary didnt show in her statements,,,its the accountant error who established the payslips for her 2nd job.

what do you think?

[MPH80]

Well - on your first point - that's hardly anyone's fault but his own. He could have waited to fill in the form and put the correct date. As it is - he lied and signed a declaration that the information on the form was correct. It wasn't a mistake - it was a lie.

On the second point - you'll need new pay slips drawn up clearly showing the work is cash in hand - along with a declaration from the employer that all correct tax has been paid.

I wouldn't bother appealing - the facts as the ECO has seen it are correct - I'd re-apply and this time be very very very open about the immigration history and the 'mistake' on the last form in the 'other information' section.

M.

[Omaricious]

thank you MPH80 for ur contribution

so you suggest he makes a fresh application with a letter explaining his immigration history and how he mistaken (lied) about his departure date, plus providing correct payslips with a letter from employer explaining the error.

is that enough to include with the application?

[MPH80]

And everything else included in the first application of course.

There's no guarantee it'll succeed but I think it's got more chance in the short to medium term of getting the application accepted.

[Omaricious]

okay thank you

so the appeal would jst delay things more init?? he"s jst gonna wait @ least 6 months with no use even if he provides all the evidence he has (new payslips and letter etc..) in his appeal/

the only way is to make a fresh application and wait...

[Omaricious]

btw what if he already has lodged an appeal?? can he appeal and reApply again in the same time?

[Omaricious]

Please i need some enlightment on my last point!! Is it okay to submit a fresh app n keep the appeal on!!?

Any advice is appreciated

Thanks

[Omaricious]

any advices??? plz it's urgent