Appeal success chance

[samreen1]

Hello everyone,
We applied for spouse visa last Oct and got refused in jan 2016.
We used saving route and cash comes from a property sale. We included all buy/sell documents and solicitor letter etc that we own that property for 5 yrs so we applied straight away and did not wait for six months to keep money in our account. But we were refused that money wasn't in account for six months. Now we appealed I just want some experts views on it that what are the chances for it to be overturned at review stage?

[samreen1]

Plz respected moderator if any one can help?
And kindly another question why I get msg every few days that u have been permanently banned frm the site?? Thn after day or two it open..

[kimak]

What are your appeal grounds? The requirement is to have the money in the account for six months, if you did not meet the requirement set out in the rules then they were correct to refuse. I think it would be easier now if you re-apply, since six months have past and you have the required funds in your account?

[samreen1]

Thanks fr u reply. I can't re apply coz for some reason funds go below 62500 in march this yr so the clock start again from March.
Grounds of appeal is 7.4.11 of appendex fm where it's all stated.

[kimak]

But when you submitted the original application did you submit evidence to show that the property had been owned by the sponsor for six months or more before it was sold to produce cash savings? If yes, and if they go by the following rule

This means that, where the cash savings held at the date of application are the proceeds of an applicable property sale; the period the property was owned in the 6
months prior to the date of application, before it was sold to produce cash savings, can
be counted towards the 6 month period. So money held as cash savings at the date of
application can have resulted from the sale of a property for the first part of the period of
6 months prior to the date of application

then i think you stand a good chance of getting the refusal over turned at the review stage, if not then at the hearing. I've been told by my solicitor that they are not consistent with reviews, they sometimes do the review, and sometimes they dont. I am not an expert, just giving my opinion based on my findings and understandings.

[samreen1]

Thank you kimak.
Keeping finger crossed and praying hard that they review it before deadline. I sent email to checked status of out appeal they replied that now they are reviewing the cases recieved in jan 2016 and ours is recieved in end of April 2016 so it ll take several weeks for a review.
And yes We had included all documents when we bought it etc but they only over looked it I think..
Can I ask why u were refused?

[kimak]

You can write to your MP which may speed it up a bit.

[kimak]

They refused me because they think wife's employment is not genuine, they checked it online and stated that no record of company exists, we appealed with the link to the site they mentioned showing company exists, + hmrc letters + company's accountant letter to show that it does exists. What is the email address you used to get the update?

[samreen1]

Best of luck for ur appeal process. I use this email
sheffield.islamabadappeals@fco.gov.uk as I applied from pakistan.

[kimak]

Did you submit your appeal online, via fax or by post? also when did you get the notice of appeal and when was the payment taken?

[samreen1]

Our solicitor done it online on 5th Feb,payment was taken on 12th Feb and we got notice of appeal on 1st of April 2016.