Spouse Visa Rejected - need of urgent help with an advice

[venkat1]

Hi,
I am apologizing up front in case if some of these questions are already answered but I would be really grateful if you could provide your advice.

I am a born Indian and became UK Citizen few years back. I am married to an Indian girl in August.
In early august, my wife applied for a Spouse settlement visa in Hyderabad. After three months, our visa is been rejected as I haven’t included SU07 signed document.
After reading through various blogs, I did understood that SU07 document is not applicable for wife settlement visa and they have wrongly rejected. It is rejected wrongly due to inexperience of Case worker.

We came out of the shock and now we would like to act on the next steps.

I am aware that I could go through appeal process. But as per various blogs, I understood that appeal takes minimum of 6 months.
I am not much worried of spending extra money but would like to know, which is the quickest route to get the visa now.

a) If we resubmit a fresh application with full price, with all relevant documents, will it be granted quicker than usual 3 months period ?
b) Is anyone aware of any resubmitted applications are processed in less than 3 months as they recently processed an application under the same name ?
c) Alternatively can my wife submit an appeal and meanwhile can she travel to UK under visitor visa ?
d) Because here settlement visa is rejected, is there any chance for visitor visa to get rejected ?
e) Is she allowed to travel on visitor visa after submitting appeal on settlement visa ?
f) Please let me know if there is any other option for my wife to travel to UK, which I haven’t listed above ?

I would be very thankful if a senior/experienced people, if you could provide your views on above queries ?



Thanks,
Venkat.

[harv]

I am sorry to hear about your refusal.

It seems like some of the ECO are getting a habbit of doing such refusals as there is no requirement currently for an SU07 form to be signed. However it can be requested by the ECO under some special circumstances and the ECO will have to personally request for SU07 form from the Sponsor/Applicant when processing the application.

You should submit an appeal as soon as possible with all the relevant points raised in the refusal covered. If SU07 form missing was the only point in the refusal letter, you should get the details from UKBA website (http://www.ukba.homeoffice.gov.uk/polic ... 2/#header3) and mention that you have not been requested by ECO for any such form to be submitted while processing your application.

I would imagine this to be overturned by the ECM review, however it might get ignored and overturned during the hearing at a court. As ECM review might not even care about the refusal to start with (pure laziness)!


So to your questions:


a) The processing time will take as standard, a resubmission is not going to slow down the process

b) The processing time will take as standard, a resubmission is not going to slow down the process

c) Visitor VISA is highly likely to refuse

d) Visitor VISA is highly likely to refuse

e) As long as their is valid VISA, she should be fine to travel. But ECO would highly likely to refuse visitor VISA because of Spouse VISA refusal

f) Not possible, You will have to travel to India to see her instaed unfortunately


Best of luck

[venkat1]

Many thnaks for swift response.

Can I ask one more question ?

With an expectation that my wife be joining with me, I have recently moved another home. During renting, I have included on the rental agrement

a) Will it have any negative impact on my resumbission application having her name on rental agrement ?
b) Her name is now appears on all the utility bills like council tax, Water,..etc. If submit an explation with those bill, will it cause my application to reject.
It will be very very kind if someone could comments on above. Last thing we would like to happen is we resubmit an application and it gets rejcted her name appears on all bills and rental agrement. Please comment.
Thanks in advance,

[riversidecreations]

I had the same problem..

as Harv has advised - they will surely reject the Visitor visa if you apply for it. They are very good at rejecting than actually processing applications.

Secondly - I know a friend (just one example) who submitted a fresh new application after submitting an appeal. The visa was issued within 5 working days; but I cannot guarantee this happening again - with ECOs focusing on rejecting application at the moment, its highly unlikely.

This is what I did:

On the day we received the refusal - i wrote an email to the casework team that an incorrect decision was made by the ECO. I received an immediate response saying that my email has been forwarded to the ECM and that i will receive a response within 20 working days. I'm on 18 working days now and still no response.

I was sent another email on the next working day stating that I should still exercise my right to appeal just in case the ECM's response is not favorable. I submitted the appeal as well. I then got in contact with my Local MP who has written to the ECM stating that the case has no need to go via the appeal route.

When you submit an appeal, it takes 10-15 working days for it to be received and processed and it will be sent back to the ECM to review along with any supporting documents you provide. The ECM could take up to or over 8 weeks for this review. They SHOULD overturn the decision - and if they do, they have 10 working days to inform Tribunals and you will be requested to resubmit the passport and visa issued - god knows how long that process will take.

Whatever you do; waiting time will be at least a few months..

[riversidecreations]

a) Will it have any negative impact on my resumbission application having her name on rental agrement ?
b) Her name is now appears on all the utility bills like council tax, Water,..etc. If submit an explation with those bill, will it cause my application to reject.

I'm unable to answer this - but however the above do not really have any impact on the application. As long as your property can accommodate both of and your landlord has no objection for her to stay with you at the property and you can provide evidence for that - that is more than enough.

[venkat1]

Thanks Sujan.

We are planning to resubmit the application very soon.
So it will be very helpful if any one can comment or suggest if having my wife's name on the utility bill, while she hasn't travelled to uk, will cause a rejection of application saying why a person, who is never travelled to uk is on utility bill ?
Also having my wife's name on rental agreement, will cause a rejection ?

[riversidecreations]

That shouldn't be a problem. In your supporting letter, mention that your previous application was rejected and that you added that in the hope that your wife will join you.

Why are you submitting utility bills?