Help with tier 1

[Yeshuabepraised]

My husband and I married I Ghana in April 2015 and we applied for a visa for my husband to come to live with me in the UK in November 2015. On the 10 Feb 2016 we was refused visa so we appealed and it was received on the 4th March 2016 again. Then on 23rd May recieved another letter of notice of pending appeal, we was told they would write to us after the 31st August as it usually takes approximate 15 weeks. I called them only to be told that the decision still stands and that it will go to a hearing, this will take again about 18 months from when they recieved the appeal which was back in March. They say it was lack if evidence due to us not sending enough corresponding of Facebook, phone calls whatapp ect, that was the original reason, now we have sent this in I just don't understand why this is happening, my husband and I are heartbroken, we haven't seen each other in 18 months, can he not at least come over to see me while all this is going on? please please can you advise us on what to do

[secret.simon]

What is your status in the UK?

Can you not visit him in Ghana?

[Yeshuabepraised]

I'm a British citizen and I have a 13 yr old son with asbergers and he gets very anxious when I am away from him, one week away he really can't cope, I want more than a week with my husband

[Casa]

How is this a Tier 1 application?

[Yeshuabepraised]

This is what I believe my application is tier 1, I know nothing about the visa stuff at all this is why I am on this site, I am sorry if I have offended anyone I am so desperate to find anything I can to help me and my husband , I really don't know if we have to wait for the visa application to go through in 18 months or can my husband get a visiting visa in the meantime

[Casa]

You haven't offended anyone and we're pleased to have you on the forum.

Your husband's application should be a Spouse Settlement visa. Tier 1 is a Points Based work visa, (which has now been removed) and isn't relevant to the family route to settlement.

What category of visa did your husband apply for?

[Yeshuabepraised]

Thank you so much we applied for a standard husband

[Casa]

You may have been in a better position if you had re-applied, as additional evidence which wasn't available to the Entry Clearance Officer in the original application is generally not considered at an appeal.

You can re-apply now while you are waiting for the appeal to be heard, submitting the evidence of contact which was missing in your first application.
You would however have to pay the full application fee again.

Was evidence of contact the only reason for refusal?

Your husband is unlikely to be granted a visitor visa due to the prior intention to settle.

[Yeshuabepraised]

Yes it was just down to the lack of communication that was all everything else was passed we resubmitted it with all the communication as the first time my husband only gave them 2 months worth of communication as he was told that was all they would need, but when we re submitted it then we added all of our communication

[Yeshuabepraised]

If I re apply would I have to pay the IHS charge too as they still have this

[Casa]

I believe you may be able to use the same IHS reference number, but wait for confirmation from others who may have direct experience.

[Yeshuabepraised]

Thank you so much for your advice, I really can't thank you enough

[Casa]

You're welcome. As with any problem, it always helps if you feel someone is listening.

Even if you have to pay the surcharge with the new application, you would have one payment refunded.