Fiance visa refused-Appeal help

[glitter]

Hi,

I am new on this forum.
I have received the decision notice for me and my son, my fiancé visa was refused (and my son's on basis of my refusal).
The two reasons they gave are:

-Sponsor has not submitted any evidence to demonstrate what accommodation is available to you and your dependant son in the UK.
-There is no evidence to suggest that you have made any arrangements or plans for a wedding to take place in the UK. As this is the basis for the application one would expect to see some evidence of enquiries with local authorities or venues.

My fiancé is earning over 70K a year in addition to army pension. He is renting a three bedroom house where on previous occasions me and my son were accommodated. That address was stated in all the sponsorship letters, he is registered there to pay the bills, vote etc (for all of this evidence was submitted). In the letter of intent we wrote about how and when we met and included a lot of photos and he wrote a lot about the relationship he was building with my son during our almost three years relationship (and ECO was happy with this as stated in the notice). Also the letter stated how we plan to get married as soon as the visa in cleared, in what town, with a small number of closes friends (in reality we were planning to make a small wedding with witnesses and their families and few more friends-so no more than 20 people). This request can be met by almost any decent size restaurant with a booking few weeks in advance (so no extend planning is needed). The letter also stated that we will be living with him in the house he was renting (we have got lease agreement that on this occasion we did not submit).
Now we have got 28 days to appeal. i understand this is a long and painful process but I am more interested in the odds of HO reverting the decision upon presenting evidence (we were planning to attach the lease agreement with the appeal documents and letter from a landlady saying she is happy to accommodate me and my son as well in the house she is leasing to my fiancé, and also we had a plan of submitting the statement from the register office that we can't register for marriage before I have got a valid fiancé visa).

My question is really what are our odds in the appeal on the first stage with reverting the HO decision and if we are allowed to submit new evidence (new old as lease agreement that was entered a year ago, but not submitted with the original application and brand new evidence-from the register office)?

I truly believe that they did not read everything submitted, but it doesn't help me now


Thanks for the contribution to this topic

[Obie]

You could follow both course. I believe there is a possibility of either one or both succeeding.

[glitter]

Thank you very much for the reply.
At the moment I think that fresh application is better only because the appeal process could take longer.
But also am aware that reasons for refusal were not as big as they could be, so appeal may be good course for us

[Rayking]

The tenancy agreement you didn't submit cost you the visa tbh and prove of booking a wedding.
Supply these 2 documents and I bet the decision will be overturned without going through the lengthy appeal.
Wait a bit so you don't waste money applying again. If you check the letter,they might have stated if you supply this,it can be resolved. Just check the letter again.
Supply tenancy agreement and make sure you still have more than 6 months tenancy on it with a letter probably stating your partner is allowed to live there.
Then,go and book a wedding at a registry, they'll say you can't as they need to see your partner. Tell them to put it in writing or if it's an email and attach this to your documents.
I don't know where you live but this wouldn't be a problem if you live in Scotland.
You can also explain the fact that your partner needed to be around,that was the reason you couldn't initially. All they want to see is that you've made an effort though.

[glitter]

We hired a solicitor and the advice they gave us was that it would be better to reapply rather then to appeal. Appeal may take nine months.
This time we are submitting the lease agreement and the letter from the landlady stating that we are on month to month agreement and that she is happy with me and my son living in the house. She also stated in her letter that the house is big enough for three people (it is three bedroom house, living room, Spam dining, three bathrooms).
Also we booked provisional date for Feb 20th 2015 and arranged the party with a local hotel.

Hope this will satisfy them


thanks for your help