UK spouse visa refused due to error by ECO

[vm_guddu]

Helllo


I applied for my wife's settlement dependant visa from VFS, New Delhi on 05/12/2012 and the application was refused on 27th Feb 2013. We received the refusal letter on 1st March 2013.

The ECO stated that the reason for refusal was due to few missing documents as mentioned under financial requirement in Appendix FM SE defined in the immigration rules. However, the officer has assesssed the application and the required evidences based on the current rules instead of assessing it based on the immigration rules which were available at the time of application submission. Those immigration rules based on which our application was applied can be found under the heading "Archive of Immigration rules valid between 1st October 2012 and 12 December 2012" in the following link:-


http://www.ukba.homeoffice.gov.uk/sitec ... hive-of-ir

I've provided all the evidences as outlined in the above archived rules.
This was clearly an error from caseworker working on this case.

Can this be reviewed by the entry clearance officer or the entry clearance manager anyhow. Or if I go for an appeal, will I have to submit all the original documents to VFS new Delhi or is it in UK. I think appeal usually takes longer than 6 months which will be too frustrating considering that this was clearly ECO's error. Will it be better to apply a fresh application ?

Can someone help please.

Thanks in advance

[desmortess]

Helllo


I applied for my wife's settlement dependant visa from VFS, New Delhi on 05/12/2012 and the application was refused on 27th Feb 2013. We received the refusal letter on 1st March 2013.

The ECO stated that the reason for refusal was due to few missing documents as mentioned under financial requirement in Appendix FM SE defined in the immigration rules. However, the officer has assesssed the application and the required evidences based on the current rules instead of assessing it based on the immigration rules which were available at the time of application submission. Those immigration rules based on which our application was applied can be found under the heading "Archive of Immigration rules valid between 1st October 2012 and 12 December 2012" in the following link:-


http://www.ukba.homeoffice.gov.uk/sitec ... hive-of-ir

I've provided all the evidences as outlined in the above archived rules.
This was clearly an error from caseworker working on this case.

Can this be reviewed by the entry clearance officer or the entry clearance manager anyhow. Or if I go for an appeal, will I have to submit all the original documents to VFS new Delhi or is it in UK. I think appeal usually takes longer than 6 months which will be too frustrating considering that this was clearly ECO's error. Will it be better to apply a fresh application ?

Can someone help please.

Thanks in advance

What are the documents have you submitted. Please tell us exact wording of the refusal letter.

[vm_guddu]

These are the wordings of the refusal:

You have not provided:

Evidence of filed CT600 covering the 12 month accounting year of the company. As the form submitted gives the dates of 14/01/2011-31/01/2012. Nor you have provided evidence that this has been filed.
you have not provided evidence of filed payment of PAYE contributions.
Audited accounts

You have failed to provide the specified documents of your sponsor's employment.


I've provided following to meet the financial requirement evidences:-

 Personal Bank account statements from April 2011 till October 2012 (Covering last financial year)..
 Business Bank account statements from April 2011 till October 2012 (Covering last financial year).
 Reference Letter from Accountant
 Salary Slips from April 2011 till October 2012 (Covering last financial year).
 P-60
 Dividend vouchers from from April 2011 till October 2012 (Covering last financial year).
 Evidence of Registration of Company in the Companies House (Certified copy of Certificate of Incorporation)
 CT603 (Notice to deliver company tax return)
 CT600
 Company Accounts
 Current Appointments Reports
 Certificate of VAT registration
 Recent Notice to file VAT return
 Registration with HMRC (Proof of PAYE reference number and Accounts Office)
 Evidence of self-employment at present (Copy of current contract, recent invoices)
 Self Assessment return

Can I appeal and reapply at the same time

[vinny]

Can I appeal and reapply at the same time

Yes.

[vm_guddu]

Thanks for your reply. My question about appealing and reapplying is if in appeal, if the ECM overturn the decision, which I think he should as in this case it was the error by ECO, then I wouldn't have the passport available for visa stamping as it woul have been submitted alongwith a fresh application. Will I be able to get the passport back then ?

[riversidecreations]

If you feel that the decision is incorrect, write to the visa office immediately... an Entry Clearance Manager will respond to you within 20 working days.

You must also submit your appeal... just to make sure you don't lose your right to appeal.

[vm_guddu]

Hi, I've written to the visa office but do they reply or review ?. I'll be making an appeal but unfortunately it takes more than 6 months in an appeal.

[riversidecreations]

They will reply within a few working days... if you don't get a response.. resend the email with ATTN: Entry Clearance Manager or Operations Manager in the subject line.

[ali_asad_pk]

Something similar happen with me when ECO did not see my bank statements and refused visa for not enough funds available, so I did appeal as well as I wrote to ECO, there was no reply from ECO then I approached my MP with very long letter and mentioned what trouble they have caused us, he wrote to FCO and within week ECO revered decision and I got letter from court that ECO has reversed decision

I will suggest to do appeal as well as use similar way to approach ECO to make then realize they have done mistake, possibility is that they will take decision back and grant visa otherwise court will give decision in your favor