Uk - Wife (family) settlement Visa refusal

[saadkhan]

Hi guys,

I need someone's advice urgently.

My wife applied for UK settlement Visa from ISB in October. However UKBA decided to refuse the application on the basis that I have not provided complete documents of my financial status, i.e. payslips etc. I want to appeal on this decision as I did provide them everything they have asked for in the application form. However I have also prepared some more documents to support my case, i.e. Statement of Earning and P60.

I want to know whether I should do a written appeal or an oral? Considering I have all the documents already should I go through a solicitor or appeal myself?

Solicitors are taking 500 quid to send the appeal to the tribunal which basically is covering letter and the notice form filled and send to the address.

Has anyone had an experience of appealing without a solicitor and on a refusal of this kind how much time does it take to get a reply from UKBA?

I will appreciate if someone can advise on this case.

regards,
saad

[MPH80]

Could you post the text of the refusal and what evidence you did provide?

The rules are now quite strict about what evidence you must supply - so if you failed to provide it and UKBA are right - an appeal won't help.

M.

[Franko]

Could you post the text of the refusal and what evidence you did provide?

The rules are now quite strict about what evidence you must supply - so if you failed to provide it and UKBA are right - an appeal won't help.

M.

Actually this is not true, if you failed to provide a document but the document does exist and it predates application date then it is allowed for consideration at both ECM review stage and court hearing. For example if your refused because you didnt provide pay slips for the six month prior to the application you can appeal and provide the relevant pay slips and the appeal will be allowed provided they meet the relevent requirements. You cannot however use evidence from after the date of application this is the key.

[saadkhan]

The text is as below:

Your Sponsor is not exempt from financial requirements as defined by paragraph E-ECP 3.3. I am not able to take into account any potential employment you have avaiable to you in the UK or any offer of financial support from third parties. Your sponsor was also employed by Citi Group from 31/08/2010 to 23/04/2012 earning £xxxxx (This is above the minimum requirement). In order to meet the financial requirements of the Rules your sponsor needs a gross income of at least £18,600 per annum.

You say in Appendix 2 that your sponsor is employed with SAV Credit Limited since 13/06/2012 and earn gross salary of £xxxxx (way above the minimum requirement) per annum. In respect of salaried employment in the UK, all the following evidence (original documents) must be provided:

- The p60 for the relevant period or period (if issued)
- The wage Slips covering:
a) a period ofg 6 months prior to the date of application if the applicant has been employed by their employer for at least 6 months; or
b) A period of 12 months prior to the date of the application if the applicant has been employed by their current employer for less than 6 months
- A letter from the employer confirming:
a) The person's employment and gross annual salary
b) the length of their employment
c) the period over which they have been or were paid the level of salary relied upon in the application and
d) the type of employment (permanent,fixed-term contract or agency)

- A signed copy of employment
- Monthly Personal bank statements corresponding to the same period as the wage slips, showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

These documents are specified in Immigration Rules in Appendix FM-SE and must be provided. You have not submitted all of the required documentation to demostrate your spouse's income is as claimed,

I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules (E-ECP.3.1)

[Omaricious]

have u provided all the documents listed in the refusal notice??

what did you leave out??

[saadkhan]

I have provided all the documents however my employer letter does not include all the details they have listed. It confirms my role and salary, but does not specify the type of employment and a statement confirming that the stated salary was paid to the employee each month (as requested in their list). However I have recently requested my employer another letter which includes all the details. Can I use this in my appeal?

Secondly, in the grounds for appeal should we clearly state that we are providing additional documents which should fulfill any remaining requirements or should we just send all the documents with the appeal?

My solicitor is of the view that we should only send the notice of appeal at the moment and not the evidence. And when we get the notice of hearing then only we send the documents, as we will get a chance to send the whole documents then. Is it true, because from my research if we send the documents now with the appeal these can be reviewed by ECM however if we wait till the court hearing, this will only leave all the decision making to be left till the hearing date. Hence the solicitor is trying to deliberately take the case to the hearing stage so that I can be charged the barrister fees. what is your idea?


On last question, do I need to send all my documents again in the appeal or just the ones which they have questioned, i.e. relating to my financial status?


I really appreciate your advice, thanks again guys.

Regards,
Saad

[batleykhan]

I have provided all the documents however my employer letter does not include all the details they have listed. It confirms my role and salary, but does not specify the type of employment and a statement confirming that the stated salary was paid to the employee each month (as requested in their list). However I have recently requested my employer another letter which includes all the details. Can I use this in my appeal?

Yes you can send this, but make sure it contains all the information.Normally this takes the form of of am Employment contract, which is something that is now issued to every employee by the employers. This should include job title,hours to be worked, salary per annum, whether job is temp or perm.

Secondly, in the grounds for appeal should we clearly state that we are providing additional documents which should fulfill any remaining requirements or should we just send all the documents with the appeal?

You only need to send additional docs on points you were refused and are now to prove your point.You do not need to send docs that you sent with your application.

My solicitor is of the view that we should only send the notice of appeal at the moment and not the evidence. And when we get the notice of hearing then only we send the documents, as we will get a chance to send the whole documents then. Is it true, because from my research if we send the documents now with the appeal these can be reviewed by ECM however if we wait till the court hearing, this will only leave all the decision making to be left till the hearing date. Hence the solicitor is trying to deliberately take the case to the hearing stage so that I can be charged the barrister fees. what is your idea?

Yes you are right about your comments about your solicitor.You need to send docs in case ECM changes his mind and decides to issue visa on review,without matter going to full appeal hearing.If I was in your shoes, I would do the appeal myself rather than employ a solicitor who in my opinion is into make a quick buck or two, on a point which is not that difficult to disprove

On last question, do I need to send all my documents again in the appeal or just the ones which they have questioned, i.e. relating to my financial status?

See above comments

I really appreciate your advice, thanks again guys.

Regards,
Saad

[mirabeelz]

Hi everyone

PLEASE ADVISE,URGENTLY NEEDED AND APPRECIATED

I applied for UK spouse visa on July 3rd 2012 and on October 15th I received my decision and I was not allowed entry because I didnt meet theEnglish requirement.As part of my evidence to meet the English requirement I added my Bsc degree certificate,English proficiency letter from my university,my school's four year transcript and a printed out PBS calculator which clearly showed I score 10 points and knowing that the calculator is an extension of UK NARIC operation I was more than confident I had met the rule.After reading my refusal notice it became more real to me that the PBS print out I added wasn't recognized and so I applied to UK NARIC two days after my refusal and on fast track service I got a confirmation letter from UK NARIC that my Bsc degree is of equivalent to British standards.A day after this letter I appealed with the UK NARIC letter and my school's particulars on October 18th.my appeal fee was taken up and I received a letter from AIT in December that my appeal bundle has been sent back to the UKBA:the visa office for the ECM to review within 19 weeks.I have since then not heared anything again and I am frustrated and anxious.I do know 19 weeks are not yet up but I would like to know from you honorable members on this forum if the UK NARIC letter is an ADDITIONAL or NEW evidence because I know new evidence are not allowed in appeals and also is it possible I can get the refusal to be overturned at review stage??the ECO stated in my refusal letter that I am strongly advised to add any additional supporting document which can help resolve the situation at the review stage and does go to AIT for appeal.All advice and help is greatly appreciated.

[johnj1]

@Saadkhna, You can see how the ECO get back at you now, just because some information are left out in the employer's letter, gave reason for refusal, this case runs through a grey area because the ECO have got a copy of employer's letter that you submitted with the application, this can be used as an evidence that you didn't complied with UKBA requirements, but on the other hand, since your payslips and bank statements shows that you are above minimum financial requirements, I don't think this should be a problem when it goes for hearing. I have read it on this forum that, just because, the employer did not write" GROSS" infront of annual salary, spouse apllication visa was refused. I will however advise you to listen to your lawyer, because at the end of the day, if you go through paper appeal, there is 40% chance that the ECM will overturn the ECO decision, they will always want the appeal process to go through oral hearing, so the choice is yours, I wish you good luck

[AfiaShuja]

Hi, m going through a similar situation....iit's like, my settlement application was rejected on the basis that I didn't provide my husband's eemployment letter. I am planning to file an appeal n have also arranged the letter which will be delivered most probably in a week. The trouble is that I've read on another forum that "new documents cannot be provided when appealing if you lacked them while submitting your application" so m a little worried if I should continue with appeal or not.
Please help me out

[johnj1]

See my comments above. Providing a letter of employment or contract letter from your employer will not count as new evidence, as it was left out when you are submitting the application. Can you make sure that the wordings of the letter from the employer stipulates all what is required. Good luck

[vinny]

Hi, m going through a similar situation....iit's like, my settlement application was rejected on the basis that I didn't provide my husband's eemployment letter. I am planning to file an appeal n have also arranged the letter which will be delivered most probably in a week. The trouble is that I've read on another forum that "new documents cannot be provided when appealing if you lacked them while submitting your application" so m a little worried if I should continue with appeal or not.
Please help me out

The restrictions to documents are only applicable to Points Based System applications. You may submit additional evidence.

See also Appendix FM-SE.

[AfiaShuja]

Thank you very much but my employment letter is dated AFTER the date of refusal on my settlement visa application. Do u think that won't matter?

[Obie]

The law states that refusal on the basis of those missing evidence is unlawful unless the Entry Clearance Officer can show that the application would have been refused in any event and therefore requesting those evidence will make no difference to the application.

[AfiaShuja]

The law states that refusal on the basis of those missing evidence is unlawful unless the Entry Clearance Officer can show that the application would have been refused in any event and therefore requesting those evidence will make no difference to the application.

You'reve been a great helP
what if we would like to withdraw our appeal, is it possible?

[Obie]

It will take longer, and who is to say they will not do the same thing again.

I have found it quicker, and cheaper if done properly, to put in an appeal and a strong case, and they usually withdraw it after 28 days, which the law provide them to reply to your appeal.

[AfiaShuja]

Okay....I get it , thanks I just contacted a solicitor n he says it takes around 19 weeks to the ECM to go through the appeal n if he passes on to court its gonna take 9 months.....REALLY????

[AfiaShuja]

Hi guys,

I need someone's advice urgently.

My wife applied for UK settlement Visa from ISB in October. However UKBA decided to refuse the application on the basis that I have not provided complete documents of my financial status, i.e. payslips etc. I want to appeal on this decision as I did provide them everything they have asked for in the application form. However I have also prepared some more documents to support my case, i.e. Statement of Earning and P60.

I want to know whether I should do a written appeal or an oral? Considering I have all the documents already should I go through a solicitor or appeal myself?

Solicitors are taking 500 quid to send the appeal to the tribunal which basically is covering letter and the notice form filled and send to the address.

Has anyone had an experience of appealing without a solicitor and on a refusal of this kind how much time does it take to get a reply from UKBA?

I will appreciate if someone can advise on this case.

regards,
saad

Have you received decision on your appeal? How much time did it take?

[traveller33]

The law states that refusal on the basis of those missing evidence is unlawful unless the Entry Clearance Officer can show that the application would have been refused in any event and therefore requesting those evidence will make no difference to the application.

Dear Obie - would you please let me know where it is stated what you mentioned? My Visa was refused because of a single missing payslip and they've been holding my passport for more than a year now pending appeal. If you could please let me know that would be very much appreciated.

Many thanks!