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Hi ANNU0607aanu0607 wrote:hi guys, my husbands visa was refused, they said we did not submit all the relevant document, appendix 2 form, my husband uni certificates, our 140 pages of chats, over 50 picture of the wedding and nrmal pictures, his tb test and our marriage certificate,all these documents where signed for by the teleperformance agent but eco said we did not provide them, do you know what the process is for appeal and how long it takes??
any help will be appreciated
we applied in nigeria, bio metric was taken on 02/12/2017, visa refused on 27/01/2017, my documents where sent to Sheffield and all the other document they claimed they did not see was sent through the vfs, my husband's passport does not even have a refusal stamp with case id.Eig123 wrote:Hi ANNU0607aanu0607 wrote:hi guys, my husbands visa was refused, they said we did not submit all the relevant document, appendix 2 form, my husband uni certificates, our 140 pages of chats, over 50 picture of the wedding and nrmal pictures, his tb test and our marriage certificate,all these documents where signed for by the teleperformance agent but eco said we did not provide them, do you know what the process is for appeal and how long it takes??
any help will be appreciated
Kindly can you share your timeline with us. we have applied in January from india and they have only scanned our documents. have you applied from india after 12th December? have you submitted all ducuments at VFS or do they scanned only and returned original documents.
please update
This isn't a general discussion on spouse visa refusals. This thread belongs to aanu0607. Please open your own topic and post your question there.Ahussain786 wrote:Hi there,
My wife's spouse visa was refused within a week. I am a self employed taxi driver. I submitted 1 years accounts 2015/16 also a interim accounts from April 2016 to December 2016.
I submitted bank statements from December 2015 to January 2017. I didn't put money in to my account from April 2015 to November 2015. The visa has been refused due to no bank statements for that period.
- you have not submitted personal bank statements for the same 12 month period as the tax return(s) showing that the income from self employment has been paid into an account in the name of the person or in the name person(s), or evidence of national insurance paid.
- you have therefore failed to provide the required documents relating to your sponsors employment. These documents are specified in the immigration rules in Appendix FMSE and must be provided. Either for refuse your application under paragraph EC P1.1 (D) of appending FM
This was the reason they gave to us. What should we do now? Appeal or fresh application? I don't have bank statements from April 2015 to November 2015 but do have 1 year plus from December 2015 to Jan 2017 showing income going in.
Do you still have a copy of the signed checklist proving that the missing documents were accepted by the agents, Teleperformance?aanu0607 wrote:sorry, i did not know how to start a new one, this is the exact copy of the refusal letter
The Decision
EC-P.1.1(c) - Section S-EC: Suitability-Entry Clearance Requirements
Met
EC-P.1.1(d) - Section E-ECP: Eligibility for entry clearance as a partner
Relationship Requirements ECO Reasons for Refusal
You have not provided any evidence which shows that you and your sponsor have met in person. I therefore refuse your application under paragraph EC-P. 1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.5)
As part of an application for entry clearance under Appendix FM you are required to provide a fully completed Appendix 2 financial requirements form. You did not provide this form with your application. The Appendix 2 form contains important questions regarding your application, particularly regarding your relationship; it provides information regarding when you state you first met, when your relationship started, how you keep in contact and the frequency of this contact and information regarding whether you and your partner have previously been married.
You have applied to join your sponsor in the UK. However you have not provided documents to
show you are married or have been in a civil partnership akin to marriage. Consequently, I am not satisfied that your marriage/civil partnership is valid. I therefore refuse your application under paragraph EC-P. 1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.7)
You have not provided any evidence that you are in a genuine relationship, e.g. evidence of how, where and when you met or evidence of how you have kept in contact during periods apart, before or since your marriage. This list is not prescriptive. It is reasonable to expect that, in a genuine subsisting, supportive and affectionate relationship, there would be significant evidence of regular contact, signs of companionship, emotional support, affection and an abiding interest in each other’s welfare and well-being. There is a lack of evidence of personal contact and regular correspondence between you. Therefore I am not satisfied that you have formed a genuine and durable relationship; your relationship with your sponsor is genuine and subsisting; or that you intend to live together permanently in the UK. I therefore refuse your application under paragraph EC-P. 1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.6 & 2.10)
Financial Requirements
Met
English Language Requirement
ECO Reasons for Refusals
You are not exempt from the English language requirement under paragraph E-ECP.4.2. In addition, you are not a national of a majority English speaking country listed in paragraph GEN 1.6 and have not passed an English language test (A1 Level of Common European Framework) with a provider approved by UKBA and/or do not hold an academic qualification recognised by NARIC UK to be the equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English. I therefore refuse your application under paragraph EC-P. 1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.4.1)
You are applying from a country listed in Appendix T Part 1 of the Immigration Rules and have failed to present a valid medical certificate confirming that you have undergone screening for active pulmonary tuberculosis and that you are free from this disease. Your application therefore falls for refusal under paragraph A39 of the Immigration Rules.
I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.
I have considered your rights under Article 8 of ECHR. Article 8 of the ECHR is a qualified right, proportionate with the need to maintain an effective immigration and border control and decisions under the Immigration Rules are deemed to be compliant with human rights legislation. Given the concerns raised above regarding the relationship, I am not satisfied that you have a family life with the sponsor. As this is the case, Article 8(1) does not apply to you. However, if you do have a family life with the sponsor, I am satisfied the decision is proportionate under Article 8(2). I note that no satisfactory reason has been put forward as to why the sponsor in the UK is unable to travel to Nigeria to be with you. I am therefore satisfied the decision is justified by the need to maintain an effective immigration and border control.
It has also been considered whether your application raises any exceptional circumstances which, consistent with the right to respect for private and family life contained in Article 8 of the European Convention on Human Rights, might warrant a grant of entry clearance to the United Kingdom outside the requirements of the Immigration Rules. You have not raised any such exceptional circumstances so it has been decided that your application does not fall for a grant of entry clearance outside the rules.
Because your application has been refused, the Health Surcharge payment made in relation to this specific application for a visa/entry clearance will now be refunded automatically. The refund will be made to the card used to pay the Health Surcharge. You should note that you
may be required to make a fresh Health Surcharge payment with any fresh application or if any appeal against this decision is successful.
Your right of appeal
You are entitled to appeal against this decision under section 82(1) of the Nationality, Immigration and Asylum Act 2002. If you wish to appeal you must complete the attached IAFT- 6 Notice of Appeal form. An information sheet has also been provided. Should you require further advice or assistance please visit http://www.gov.uk/immiqration-asvlum-tr ... peal-from- outside-the-uk
If you decide to appeal against the refusal of this application, the decision will be reviewed with your grounds of appeal and the supporting documents you provide. You are strongly advised to complete all sections of the form and submit all relevant documents with your Notice of Appeal, as it may be possible to resolve the points at issue without an appeal hearing.
Casa wrote:Do you still have a copy of the signed checklist proving that the missing documents were accepted by the agents, Teleperformance?aanu0607 wrote:sorry, i did not know how to start a new one, this is the exact copy of the refusal letter
The Decision
EC-P.1.1(c) - Section S-EC: Suitability-Entry Clearance Requirements
Met
EC-P.1.1(d) - Section E-ECP: Eligibility for entry clearance as a partner
Relationship Requirements ECO Reasons for Refusal
You have not provided any evidence which shows that you and your sponsor have met in person. I therefore refuse your application under paragraph EC-P. 1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.5)
As part of an application for entry clearance under Appendix FM you are required to provide a fully completed Appendix 2 financial requirements form. You did not provide this form with your application. The Appendix 2 form contains important questions regarding your application, particularly regarding your relationship; it provides information regarding when you state you first met, when your relationship started, how you keep in contact and the frequency of this contact and information regarding whether you and your partner have previously been married.
You have applied to join your sponsor in the UK. However you have not provided documents to
show you are married or have been in a civil partnership akin to marriage. Consequently, I am not satisfied that your marriage/civil partnership is valid. I therefore refuse your application under paragraph EC-P. 1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.7)
You have not provided any evidence that you are in a genuine relationship, e.g. evidence of how, where and when you met or evidence of how you have kept in contact during periods apart, before or since your marriage. This list is not prescriptive. It is reasonable to expect that, in a genuine subsisting, supportive and affectionate relationship, there would be significant evidence of regular contact, signs of companionship, emotional support, affection and an abiding interest in each other’s welfare and well-being. There is a lack of evidence of personal contact and regular correspondence between you. Therefore I am not satisfied that you have formed a genuine and durable relationship; your relationship with your sponsor is genuine and subsisting; or that you intend to live together permanently in the UK. I therefore refuse your application under paragraph EC-P. 1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.6 & 2.10)
Financial Requirements
Met
English Language Requirement
ECO Reasons for Refusals
You are not exempt from the English language requirement under paragraph E-ECP.4.2. In addition, you are not a national of a majority English speaking country listed in paragraph GEN 1.6 and have not passed an English language test (A1 Level of Common European Framework) with a provider approved by UKBA and/or do not hold an academic qualification recognised by NARIC UK to be the equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English. I therefore refuse your application under paragraph EC-P. 1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.4.1)
You are applying from a country listed in Appendix T Part 1 of the Immigration Rules and have failed to present a valid medical certificate confirming that you have undergone screening for active pulmonary tuberculosis and that you are free from this disease. Your application therefore falls for refusal under paragraph A39 of the Immigration Rules.
I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.
I have considered your rights under Article 8 of ECHR. Article 8 of the ECHR is a qualified right, proportionate with the need to maintain an effective immigration and border control and decisions under the Immigration Rules are deemed to be compliant with human rights legislation. Given the concerns raised above regarding the relationship, I am not satisfied that you have a family life with the sponsor. As this is the case, Article 8(1) does not apply to you. However, if you do have a family life with the sponsor, I am satisfied the decision is proportionate under Article 8(2). I note that no satisfactory reason has been put forward as to why the sponsor in the UK is unable to travel to Nigeria to be with you. I am therefore satisfied the decision is justified by the need to maintain an effective immigration and border control.
It has also been considered whether your application raises any exceptional circumstances which, consistent with the right to respect for private and family life contained in Article 8 of the European Convention on Human Rights, might warrant a grant of entry clearance to the United Kingdom outside the requirements of the Immigration Rules. You have not raised any such exceptional circumstances so it has been decided that your application does not fall for a grant of entry clearance outside the rules.
Because your application has been refused, the Health Surcharge payment made in relation to this specific application for a visa/entry clearance will now be refunded automatically. The refund will be made to the card used to pay the Health Surcharge. You should note that you
may be required to make a fresh Health Surcharge payment with any fresh application or if any appeal against this decision is successful.
Your right of appeal
You are entitled to appeal against this decision under section 82(1) of the Nationality, Immigration and Asylum Act 2002. If you wish to appeal you must complete the attached IAFT- 6 Notice of Appeal form. An information sheet has also been provided. Should you require further advice or assistance please visit http://www.gov.uk/immiqration-asvlum-tr ... peal-from- outside-the-uk
If you decide to appeal against the refusal of this application, the decision will be reviewed with your grounds of appeal and the supporting documents you provide. You are strongly advised to complete all sections of the form and submit all relevant documents with your Notice of Appeal, as it may be possible to resolve the points at issue without an appeal hearing.
Obie wrote:You should appeal, as you were not at fault, and provide the signed check least as proof that everything was prvoided.
we received a mail from Sheffield on the 06/12/2016 that they have received our documentsCasa wrote:As there are so many of the documents missing I would also attempt to confirm with Teleperformance whether they have proof that they submitted them.
we sent all my sponsor documents from uk but the other documents where taken by the teleperfomance along with his passport (they returned all the documents) and nothing was stamped on my husband's passport, i does no look like the passport was touched.Obie wrote:They may well review it. Were all these documents returned again to you or copies were taken of them.
I am surprised, as all Nigerian application supporting documents are sent to Sheffield separately.
we sent to SheffieldCR001 wrote:The documents UKVI claim were not submitted, were these given in at the centre in Nigeria?
ALL supporting documents should have gone to Sheffield. What documents exactly of yours did you send to Sheffield?
Nothing is 'stamped' in the passport if the visa is refused.
Obie wrote:All Nigerian, Pakistan and until recently Indian applications, I send directly to Sheffield with all supporting documents, except passport and the original of sponsor''s passport. Copies of all supporting documents are copied.
The OP didn't submit anything through the British Embassy in Nigeria. The missing documents were handed to the official agents, Teleperformance who should have advised him that these have to be sent direct to Sheffield.skp80 wrote:You could apply for a reconsideration of the decision straight to the embassy, and provide confirmation that all the documents that they claim they have not received were in fact sent (include copies of any confirmation from Sheffield/ embassy)
Casa wrote:The OP didn't submit anything through the British Embassy in Nigeria. The missing documents were handed to the official agents, Teleperformance who should have advised him that these have to be sent direct to Sheffield.skp80 wrote:You could apply for a reconsideration of the decision straight to the embassy, and provide confirmation that all the documents that they claim they have not received were in fact sent (include copies of any confirmation from Sheffield/ embassy)
CR001 wrote:Reapplying will be quicker than appealing.