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Spouse Visa Refusal - Appeal Process Questions?

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SimonLWarwick
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Posts: 4
Joined: Fri Nov 03, 2017 11:54 pm
United Kingdom

Spouse Visa Refusal - Appeal Process Questions?

Post by SimonLWarwick » Sat Nov 04, 2017 12:01 am

Good evening everyone,

My wife applied for a spouse visa, USA Citizen, to move to the UK with me, UK Citizen, as we have both been living abroad together for 7 years and are now looking to return to the UK with our 3 year old daughter.

We applied on October 15th, 2017 with all of our documents and passed all of their "tests" except were refused because we were married in 2017 according to the ECO even though in our application we included our marriage certificate from 2010 and our daughters passport (British Citizen, born in Mexico with both of us as parents).

So I filled out the Online Appeals form (it crashed 20 different times, but eventually got it to work). But at no point is there anywhere to send additional supporting documents. Do we not need to send additional documents? The only information I can find is unofficial and seems very outdated. But that being said the online forms are pathetic.

No email confirmation received that it was submitted, other than an email confirming that I paid them £80, but doesn't give any more details.

And finally, what are the timelines for an appeal on this grounds? I would hope that the ECO manager would review the case file and grant a swift approval, but with my wife back in the US staying at a kind family members and me back in the UK about to start a new job I am missing my family and see horror stories of these things dragging on for months or longer!

Given that they dealt with the original case file so quickly, I'd almost rather just pay AGAIN even though it was a lot of money and have them do it all from scratch, but given that the mess up is on their end I worry that it might happen again and then I would be up shits creak.

Thanks everyone!

SimonLWarwick
Newly Registered
Posts: 4
Joined: Fri Nov 03, 2017 11:54 pm
United Kingdom

Re: Spouse Visa Refusal - Appeal Process Questions?

Post by SimonLWarwick » Sat Nov 04, 2017 12:08 am

Extract from Refusal Document:

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Eligibility Relationship Requirement
You do not meet the eligibility relationship requirement of paragraphs E-ECP .2.1. to 2.10. You state in your Appendix 2 that you and your sponsor met in La Paz, Mexico 30/03/2007 and married each other 02/04/2017. However, the supporting documents you have provided do not include photographs, chat or phone records to show you and your sponsor maintain regular contact. I therefore am not satisfied 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)

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When doing the original application online it told us Skype and Chat message etc were no longer something needed. And given that my wife has previously had a Spouse Visa with me, before we moved to Mexico, and that we have joint bank accounts and a 3 year old daughter, that we wouldn't need to send them more.

It seems they the ECO read the wrong date and jumped to conclusions that we had just got married.

SimonLWarwick
Newly Registered
Posts: 4
Joined: Fri Nov 03, 2017 11:54 pm
United Kingdom

Re: Spouse Visa Refusal - Appeal Process Questions?

Post by SimonLWarwick » Sat Nov 04, 2017 4:17 pm

Any insight into the appeals timelines?

I am thinking about just making the application again, I'd rather not but can't stand being apart from my little girl and wife any longer.

On the government website it says, "You don’t generally need to send in things like WhatsApp messages, Skype history or photos of you together." So I didn't send these, I just told them our story and how that we had lived together for 8 years and have a 3 year old child together etc. And gave proof of join financials such as bank accounts etc and lease contracts.

What do you think? Should I just apply again? Seems like it might be a lot quicker.

smarter1
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Posts: 132
Joined: Wed Jul 30, 2014 10:10 am
United Kingdom

Re: Spouse Visa Refusal - Appeal Process Questions?

Post by smarter1 » Sat Nov 04, 2017 4:54 pm

It would definitely be quicker to re-apply. With the new rules (I mean since 2012) you always have to prove your relations are subsisting and it is left entirely up to you how to prove it. Taking this into the account, I suspect appeal is not going to be successful since you have not provided anything to prove your relationship is genuine. I know it may sound silly for you but HO do not care how it looks, they are simply following the law.

SimonLWarwick
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Posts: 4
Joined: Fri Nov 03, 2017 11:54 pm
United Kingdom

Re: Spouse Visa Refusal - Appeal Process Questions?

Post by SimonLWarwick » Sat Nov 04, 2017 6:31 pm

Agreed. Thanks for being a sounding board.

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